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LIBRARY 


UNIVERSITY  OF  NORTH  CAROLINA 


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A  I? 


COMPLETE   REVISALI 

ft 

OFALI.    THE  ^ 


A       Kj         jL         S 


OF  ^ 


S  S  E  M  B  L  Y, 


OF    THE    PROVINCE    OF 

NORTH-CAROLINA, 

NOW    IN    FORCE    AND    USE. 

TOGETHER 

WITH    THE     TITLES    OF    ALL     SUCH    LAWS    AS 

ARE  OBSOLETE,   EXPIRED,   OR  REPEALED. 

WITH 

MARGINAL  NOTES  AND  REFERENCES,  AND  AN 

EXACT  TABLE  TO  THE  WHOLE. 


o?o 


N  E  W  B  E  R  N: 

-^    Printed  by  J  AMES  DAVIS,  Printer  to  the  Honourable  the  House  of 
'^  Assembly.     MDCCLXXIII. 


DEDICATION. 
TO    HIS    EXCELLENCY 

JOSIAH   MARTIN,    ESQ; 

His  Majefty's  Captain-General,  Governor,  and 
Commander  in  Chief,  in  and  over  the  Province 
of  North-Carolina. 

SIR, 

A  S  the  Supreme  Magijirate  of  this  Country,  permit  me,  with  due  "Deference  and  Submijfion,  td 
•^  -^  Dedicate  to  your  Excellency,  A  Revifal  of  all  the  Ads  of  Aflembly  of  this  Province  now 
in  Force  and  Ufe ;  which,  from  the  exalted  Station  your  Excellency  fills,  claims  your  Patronage  and 
Prote£lion> 

^H^  firji  Edition  of  a  Revifal  of  our  Laws  being  long  fince  fold  off,  and  a  great  Length  of 'Time 
elapfing  Jince  that  Work  was  finifhed,  they  are  now  unavoidably  thrown  into  as  great  Perplexity  as 
ever  \  as  in  a  young  and  fiourifbing  Country  like  this,  the  Face  of  Affairs  muji  neceffarily  change  with 
the  Acceffion  of  People,  and  their  Application  to  Indujiry,  and  almojl  every  Seffion  of  Affembly  caufe  a 
Mutability  in  our  Laws,  according  as  the  internal  Policy  and  Regulations  of  the  Province  require. 

I  am  well  convinced.  Sir,  of  my  poor  Abilities  to  encounter  a  Tafk  of  this  arduous  Nature ;  hut 
feeing  no  abler  Hand  undertake  it,  and  being  encouraged  from  the  Countenance  paid  nty  firft  Attempt  of 
this  Sort,  the  Sale  of  the  whole  Impreffion  of  which  being  very  rapid,  I  have  again  embarked  in  the 
Service  of  my  Country,  thrown  my  Mite  into  the  Common  Stock,  and  fhall  be  happy  to  find  it  product 
any  good  EffeclSi 

TO  hold  the  Reins  of  Government  Jieady  and  uniform  over  a  ftee  and  generous  People,  has  ever 
been  the  WifJo  and  Dejire  of  all  Great  and  Good  Princes  and  Rulers ;  and  whenever  they  have  purfued 
contrary  Steps,  the  difmal  Confequences  have  always  followed^  of  which  numberlefs  Inflames  might  bt 
produced.  As  a  Pattern  and  noble  Example  to  the  World,  we  may  held  up  to  View  our  prefent  moji 
gracious  Sovereign,  the  ReSlitude  and  Benignity  of  whofe  Adminijiration fheds  its  happy  Irfuence  over 
all  his  Dominions,  of  which,  the  People  of  this  Province,  under  your  Excellency's  good  Gcvernment, 
feel  no  fmall  Share. 

PERMIT  me.  Sir,  to  fay,  without  Flattery,  a  Vice  hateful  to  good  Men,  that  for  the  prefent 
Happinefs  and  Tranquillity  of  this  Province,  we  are  much  indebted  to  the  Uniformity  and  Steadinefs  of 

Condii£i' 


DEDICATION. 

Coitdu£}  with  which  your  Excellency  has  reined  this  People  fmce  your  happy  /Appointment  to  prefide 
over  them, 

TO  UR  Excellency's  un'ibearied  Endeavouirs  to  obliterate  thi  almojl  indelible  Stain  on  the  Annals  cf 
this  Province^  the  melanchoUy  and  tragical  Scene  of  the  Alamance,  as  being  the  happy  Injlrument 
under  his  moji  gracious  Majejly  of  rejloring  Peace  and  Harmony ^  and  a  due  Subordination  of  Govern* 
ment  to  a  very  refpe£iable  Number  of  People  of  this  Province^  claim  the  EJleem  and  moft  grateful 

9 

Thanks  of  every  good  Man. 

WITH  Hearts  filled  with  Gratitude  tae  mujl  alfo  acknowledge  the  very  material  Service  rendered 
this  Country  by  your  Excellenty's  flriSi  and  impartial  Enquiry  into  the  State  of  our  Public  FundSy  and 
the  ConduSl  of  Public  Officers ,  and  the  Cheerfulnefs  with  which  the  whole  Legifiature  have  lately 
entered  into  that  Biifmefsy  bids  fair  to  recover  the  very  alarming  Lefciencie^  that  appear ^  and  at  once 
refiore  this  Country  to  Peace  and  Tranquillity. 

M I S  S- /Application  or  Imbezzlcment  of  the  Public  Funds  of  a  Country^  is  a  Species  of  Oppreffion 
of  the  firfi  Magnitude^  and  never,  fails  to  fill  the  Minds  of  the  People  with  number lefs  Murmurings, 
and  a  rejllefs  Anxiety  to  remove  the  Oppreffors.  Prejudices  of  this  Sort^  added  to  the  Ingenuity  and 
Addrefs  of  fome  bad  Men,  who  were  willing  to  turn  the  Dijiurbances  of  their  Country  to  their  own 
Purpofes^  was  the  true  Caufe  of  the  Infurre5lion  in  the  interior  Parts  of  this  Province  j  and  had  not^ 
Sir^  your  worthy  and  magnanimous  Predeceffor^  with  a  Cahnnefs  and  Intrepidity  in  the  Day  of  Battle 
peculiar  to  himfelf,  put  a  Stop  to  the  Ravages  of  a  People  grown  lawlefs  and  defperate,  we  know  not 
where  the  Befolation  would  have  ended.  But^  Sir,  we  have  now  the  futleji  Confidence  that  the  Wound 
is  perfeSlly  healed  ^  and  that  Peace  and  Harmony  will  crown  your  Excellency's  Endeavours  to  refiore 
Order  and  Unanimity  to  an  unhappy  and  diftrejfed  People^  and  avert  from  them  that  worfi  of  human 
Evilsy  an  intefiine  War  j  the  Reward  of  which^  we  hope,  will  be  a  long  and  happy  Adminifiratioii 
over  a  grateful  and  generous  People. 

FROM  your  Excellency's  known  Candour  and  A^abilityy  I  refi  in  the  fullefi  Hopes  of  your  par- 
donin^  this  plain  Dedication^  and  the  Freedom  with  which  I  have  expreffed  myfelf  on  the  j^ffairs  of 
Coverfiment  •,  as  the  Hdppinefs  and  Profperity  of  all  States  ever  keep  Pace  with  the  Re^itude  of  its 
RulerSy  whcfe  Condu5i  it  is  one  of  the  noble  Privileges  of  Englilhmen  to  enquire  intOy  through  the 
Liberty  of  thi  Prefs. 

I  am  your  Excellency's  mofi  Dutifuly 

And  mofi  obedient  humble  Servant, 

JAMES   DAVIS. 


THE    SECOND 

C    H    A    R    T    E 

GRANTED 

By  King  CHARLES  the  Second, 

TO    THE 

Proprietors  oi  CAROLINA 


H  A  R  L  E  S  the  Second,  by  the  Grace  of  God,  of  Great  Britsin, 
France  and' Ireland,  King,  Defender  of  the  Faith,  &c.  WHEREAS, 
by  our  Letters  Patent,  bearing  Date  the  Twenty  Fourth  Day  of  March, 
in  the  Fifteenth  Year  of  our  Reign,  We  were  gracicufly  pleafed  to  grant 
unto  our  right  trufty  and  right  well  beloved  Coufm  and  Counfeller  Ed- 
ward Earl  of  Clarendon,  our  High  Chancellor  England  ;  our  right  trufty  and  cn- 
tirtly  beloved  Coufin  and  Cr-unfdlor  George  Duke  of  Albemarle,  Mailer  of  our 
Horfe  ;  our  ri^hc  trudy  and  well  beloved  William  now  Earl  of  Craven  -,  our  right 
trufty  and  v/ell  beloved  Counfcllor  John  Lord  Berkeley  ;  our  right  trufty  and  well 
beloved  Connfellor  Anthony  Lord  Afhley,  Chancellor  of  our  Exchequer;  our 
right  trufty  and  well  beloved  Counfellor  Sir  George  Carteret,  Knight  and  Baronet, 
Vice-Chancelipr  of  our  Houfhold  ;  our  right  trufty  and  well  beloved  Sir  John  Col- 
leton, Knight  anti  Baronet;  and  Sir  William  Berkeley,  Knight;  all  that  Province, 
Territory  or  Traft  of  Groun  I,  called  Carolina,  (ituate,  lying  and  being  within 
our  Doininions  of  America  ;  extending  from  the  North  End  of  the  Ifland  called 
Luke-Iiland,  which  lycth  in  the  Souihi. in  Virginia  Seas,  and  within  Thirty  Six 
Degrees  of  North  Latitude  ;  and  to  the  Wrft,  as  far  as  the  South-Seas ;  and  fo 
refpeftively  as  far  as  the  River  of  Matthias,  which  bordereth  upon  the  Coaft  of 
Florida,  and  within  Thirty  One  Degrees  of  North  Latitude ;  and  fo  Weft,  in  a 
dired  Line,  as  far  as  the  South  Seas  aforefaid. 

N  O  W  Know  ye.  That  We,  at  the  humble  Requeft  of  thefaid  Grantees  in 
the  aforefaid  Letters  Patents  named,  and  as  a  further  Mark  of  dif  efpecial  Favour 
to  them,  we  are  gracioudy  pleafed  to  enlarge  our  faid  Grant  unto  them,  according 
to  the  Bounds  and  Limits  ht-reafter  fpccificd,  and  in  Favour  to  the  pious  and  nobb 
Purpofe  of  the  faid  Edward  Ear!  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Car- 
teret, Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  AfTigns,  ail 
that  Province,  Territory  or  Traft  of  Land,  fituate,  lying  and  being  within  our 
Dominions  of  America  aforefaid  ;  extending  North  and  Eaftward  as  far  as  the 
North  End  of  Currituck  River  or  Inlet,  upon  a  ftraight  Wefterly  Line  to  Wyon- 

a  oak 


The  Proprietors  Second  CHARTER, 


oak  Creek,  which  lies  within  or  about  the  Degrees  of  Thirty  Six,  and  Thirty  Mi- 
nutes, Northern  Lattitude  •,  and  lb  Weft,  in  a  diredl  Line,  as  far  as  the  South- 
Seas  -,  and  South  and  Weftward,  as  far  as  the  Degrees  of  Twenty  Nine,  inclufive, 
of  Northern  Lattitude  -,  and  fo  Weft,  in  a  direct  Line,  as  far  as  the  South-Seas  •, 
toofether  with  all  and  fingular  the  Ports,  Harbours,  Bays,  Rivers  and  Inlets,  be- 
longing unto  the  Province  or  Territory  aforefaid  :  And  alio,  all  the  Soils,  Lands, 
Fields,  Woods,  Mountains,  Ferms,  Lakes,  Ri^(ers,  Bays,  and  Iflets,  fituate  or- 
beinof  within  the  Bounds  or  Limits  laft  before  m*entioned  ;  with  the  Filhings  of  all 
Sorts  of  Fi(h,  Whales,  Sturgeons,  and  all  other  Royal  Fifti,  in  the  Seas,  Bays, 
Iflets  and  Rivers  within  the  Premifes,  and  the  Fifh  therein  taken,  together  with  the 
Royalty  of  the  Sea  upon  the  Coaft  v^ithin  the  Limits  aiorefaid  ;  and  moreover  all 
Veins,  Mines  and  Qiiarries,  as  well  difcovercd  as  not  difcovered,  of  Gold,  Silver, 
Gems,  and  precious  Stones,  _  Metal,  or  any  other  Thing,  found,  or  to  be  found 
within  the  Province,  Territory,  Iflets,  and  Limits  aforefaid  :  And  furthermore,  the 
Patronage  and  Advowfons  of  all  the 'Churches  and  Chapels  which,  as  Chriftian 
Religion  ftiall  increafe  within  the  Province,  Territory,  Ifles  and  Limits  aforefaid, 
fhall  happen  hereafter  to  be  ereded  ;  together  with  Licence  and  Power  to  build 
and  found  Churches,  Chapels  and  Oratories,  in  convenient  and  fit  Places,  within 
the  faid  Bounds  and  Limits ;  and  to  caufe  them  to  be  dedicated  and  confecrated, 
accordino-  to  the  Ecclefiaftical  Laws  of  our  Kingdom  of  England  ;  together  with 
all  and  fingular  the  like  and  as  ample  Rights,  Jurifdiftions,  Privileges,  Preroga- 
tivi'S,  Royalties,  Liberties,  Immunities,  and  Franchifes,  of  what  Kind  foever, 
within  the  Territory,  Ifles,  Iflets,  and  Limits  aforefaid :  To  have,  hold,  ufe,  ex- 
ercife  and  enjoy  the  fame,  as  amply,  fully,  and  in  as  ample  Manner,  as  any  Bi- 
fhop  of  Durham,  in  our  Kingdom  of  England,  ever  heretofore  had,  held,  ufed  or 
enjoyed,  or  of  Right  ought  or  could  have,  ufe  or  enjoy  :  And  them  the  faid  Ed- 
ward Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  L  rd  Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  John  Col- 
leton, and  Sir  William  Berkeley,  their  Heirs  and  Afligns,  we  do,  by  thefe  Prefents, 
for  us,  our  Heirs  and  Succeflbrs,  make,  create  and  conftitute,  the  true  and  abfo- 
lute  Lords  and  Proprietors  of  the  faid  Province  or  Territory^  and  of  all  other  the 
Premifes ;  favino-  always  the  Faith,  Allegiance,  and  fovereign  Dominion,  due  to 
us,  our  Heirs  and  Succeflbrs,  for  the  fame :  To  hold,  pofl'efs  and  enjoy  the  faid 
Province,  Territory,  Iflets,  and  all  and  fingular  other  the  Premifes,  to  them  the 
faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  WUliam  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Afligns  for  ever ;  to  be 
holden  of  us,  our  Heirs  and  Succeflbrs,  as  of  our  Manor  of  Eaft-Greenwich,  in 
Kent,  in  free  and  common  Soccage,  and  not  in  Capite,  or  by  Knight's  Service  : 
Yielding  and  paying,  Yearly,  to  us,  our  Heirs  and  Succeflbrs,  ior  the  fame,  the 
Fourth  Part  of  all  Gold  and  Silver  Oar,  which,  within  the  Limits  hereby  granted, 
fhall,  from  Time  to  Time,  happen  to  be  found,  over  and  befides  the  Yearly  Rent 
of  Twenty  Marks,  and  the  Fourth  Part  of  the  Gold  and  Silver  Oar  in  and  by  the 
faid  written  Le.tters  Patent  referved  and  payable. 

AND  that  the  Province  or  Territory. hereby  granted  and  defcribed,  may  be 
dignified  with  as  large  Tythes  and  Privileges  as  any  other  Parts  of  our  Dominions 
and  Territories  in  that  Region  -,  Know  ye,  that  we,  of  our  further  Grace,  certain 
Knowledge,  and  mere  Motion,  have  thought  fit  to  annex  the  fame  Trad  of  Ground 
or  Territory  untt^the  fame  Province  of  Carolina  ;  and  out  of  the  Fullnefs  of  our 
Royal  Power  and  Prerogative,  we  do,  for  us,  our  Heirs  and  Succelfors,  annex 
and  unite  the  fame  to  the  faid  Province  of  Carolina. 

AND  forafmuch  as  we  have  made  and  ordained  the  aforefaid  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven^  John  Lord 
Berkeley,  Anthony  Lord  Afl^ley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  their  Heirs  and  Afligns,  the  true  Lords  and  Proprietors  of  all 
the  Province  or  Territory  aforefaid  -y  Know  ye  therefore  moreover,  that  we,  rcpo- 

fins 


The  Proprietors  Second  CHAR  TE  R.  .      lii 

t _— ■ , 

fing  efpecial  Truft  and  Confidence  in  their  Fidelity,  Wildom,  Juftice,  and  provi- 
dent Cuxumrpeftion,  for  us,  our  Heirs   and  SuccelTors,  do  grant  full  and  ablbttite 
Power,  by  Virtue  of  thefe  Frelents,  to  them  the  faid  Edward  Earl  of  Clarendon,      . 
Georo-e  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony'Lord  Afliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Ber- 
keley, their  Heirs  and  Afllgns,  for  the  good  and   happy  Government  of  the  faid 
whole  Province  or  Tcrritority,  full  Power  and  Authority  to  ered,  conftitute,  and 
make  feveral  Counties,  Baronnies,  and  Colonies,  of  and  within  the  faid  Provinces, 
Territories,  Lands  and  Hereditaments,  in  and  by  the  faid  Letters  Patents  granted, 
or  mentioned  to  be  granted  as  aforelaid,  with  leveral  and  diilinft  Jurifdidlions, 
Powers,  Liberties  and  Privileges:  And  alfo,  to  ordain,,  make  and  enad,  and,  un- 
der thtir  Seals,  to  publifh  any  Laws  and  Conftitutions  whatfoever,  either  apper- 
taining to  the  public  State  of  the  whole  Province  or  Territory,  or  of  any  diltind 
or  particular  County,  Baronny  or  Colony,  or  of  or  within  the  fame,  or  to  the  pri- 
vate. Utility  of  particular  PerJbns,  according  to  their  beft  Diredlions,  by  and  with 
the  Advice,  AiTent  and  Approbation  of  the  Freemen  of  the  faid.  Province  or  Ter- 
ritory, or  of  the  Freemen  of  the  County,  Baronny  or  Colony  for  which  luch  Law 
or  Confticution  lliall  be  made,  or  the  greater  Part  of  them,  or  of  their  Delegates  or 
Deputies,  whom,  for  enafting  of  the  laid  Laws  when  and  as  otten  as  Need  Ihall  re- 
quire, we  will,  that  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir 
George  Carteret,  Sir  John  Colleton,  and   Sir  William  Berkeley,  and  their  Heirs 
or  Ailigns,  (hall,  from  Time  to  Time,  aflemble,  in  fuch  Manner  and  Form  as  to 
them  fhall  feem  beil ;  and  the  fame  Laws  duly  to  execute  upon  all  People  within  . 
the  faid  Province  or  Territory,  County,  Baronny,  or  Colony,  or  the  Limits  thereof, 
for  the  Time  beino;,  which  fhail  be  conitituted  under  the  Power  and  Government 
of  tiiem  or  any  of  them,  either  failing  towards  the  faid  Province  or  Territory  of 
Carolina,  or  returning  trom  thence  towards  England,  or  any  other  of  our  or  fo- 
reign Dominions,  by  Impofuion  of  Penalties,  Imprilonrnent,  or  any  other  Punilh- 
ment  •,  yea,  if  it  fhall  be  needt^  and  the  Quaaty  of  the  Offence  require  it,  by 
takincr  away  Member  and  Life,|p'her  by  them  the  faid  Edward  Earl  ot  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony Lord  AQiiey,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Ber- 
keley, and  their  Heirs,  or  by  them  or  their  Deputies,  Lieutenants,  Judges,  Jufti- 
ces,  Magiftrates,  or  Officers  whatfoever,  as  well  within  the  faid  Province,  as  at 
Sea,  in  fuch  Manner  and  Form  as  unto  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  Willi.im.Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and 
'  thfeir.  Heirs,  fhall  feem  moft  convenient :  And  alio,  to  remit,  releafe,  pardon   and 
aboHHi,  whether  before  Judgment  or  after,  all  Crimes  and  Offences  whatfoever  a- 
gainfl  the  laid  Laws  -,  and  to  do  all  and  every  Thing  and  Things  which,  unto  the 
compleat  Eilablifhment  of  Juftice,  unto  Courts,  SefTions,  and  Forms  of  Judica- 
ture, and  Manners  of  proceeding  therein,  do  belong,  altho'  in  thefe  Prefents  ex- 
prels  Mention  is  not  made  thereof;  and  by  Judges  to  him  or  them  delegated,  to 
award  Procefs,  hold  Pleas,  and  determine  in  all  the  faid  Courts  and  Places  of  Ju- 
dicature, all  Adions,  Suits  and  Caufes  whatfoever,  as  well  Criminal  as  Civil,  real, 
mixt,  perfonal,  or  of  any  other  Nature  or  Kind  whatfoever :  Which  Laws  fo  as  a- 
forefaid  to  be  publifhed,  our  Pleafure  is,  and  we  do  enjoin,  require  and  command, 
fhall  be  abfolutely  firm  and  available  in  Law  •,  and  that  all  the  liege  People  of  us, 
our  Heirs  and  Succelfors,  within  the  faid  Province  or  Territory,  do  oblerve  and 
keep  the  fame  inviolably  in  thoie  Parts,  fo  far  as   they  concern  them,  under  the 
Pains  and  Penalties  therein  exprefTed,  or  to  be  exprefled.     Provided  neverthelefs. 
That  the  faid  Laws  be  confonant  to  Reafon,  and  as ,  near  as  may  be  conveniently,       ^ 
agreeable  to  the  Laws  and  Cuftoms  of  this  our  Realm  of  England. 

A  N  D  becaufe  fuch  Aflemblies  of  Freeholders  cannot  be  fo  fuddenly  called  as 
there  may  be  Occafion  to  require  the  fame,  we  do  therefore,  by  thefe  Prefents, 
give  and  grant  unto  the  j^id  Edward  Easl  of  Clarendon,  George  Duke  of  Albe- 
marle, 


iv  The  Proprietors  Second  C  H  A  RT  EV.. 


marie,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Aihley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Af- 
figns,  by  themfelves,  or  their  Magiftrates  in  that  Behalf  lawfully  authorifed,  full 
Power  and  Authority,  from  Time  to  Time,  to  make  and  ordain  fit  and  wholfome 
Orders  and  Ordinances  within  the  Province  or  Territory  aforefaid,  or  any  County, 
Baronny  or  Province  within  the  fame,  to  be  kept  and  obferved,  as  well  for  the 
keeping  of  the  Peace,  as  for  the  better  Government  of  the  People  there  abiding, 
and  to  publilh  the  fame  to  all  to  whom  it  may  concern  :  Which  Ordinances  we  do, 
by  thefe  Prefents,  ftraightly  charge  and  command  to  be  inviolably  obferved  within 
the  fame  Province,  Counties,  Territories,  Barronnies  and  Provinces,  under  the  Pe- 
nalties therein  exprefled  -,  fo  as  fuch  Ordinances  be  reafonable,  and  not  repugnant 
or  contrary,  but  as  near  as  may  be  agreeable  to  the  Laws  and  Statutes  of  this  our 
Kingdom  of  England  •,  and  fo  as  the  fame  Ordinances  do  not  extend  to  the  bind- 
ing, charging  or  taking  away  the  Right  or  Interefl  of  any  Perion  or  Peribns  in  their 
Freehold,  Goods  or  Chattels  whatfoever. 

AND  to  the  End  the  faid  Province  or  Territory  may  be  the  more  happily  in- 
creafed  by  the  Multitude  of  People  reforting  thither,  and  may  likewile  be  the  more 
ftrongly  defended  from  the  Incurfions  of  Savages,  and  other  Enemies,  Pirates  and 
Robbers ;  therefore  we,  lor  us,  our  Heirs  and  Succeflbrs,  do  give  and  grant,  by 
thefe  Prefents,  full  Power,  Licence  and  Liberty,  unto  all  the  liege  People  of  us, 
our  Pleirs  and  SuccefTors,  in  our  Kingdom  of  England  and  elfewhere,  within  any 
other  our  Dominions,  Iflands,  Colonies  or  Plantations,  (excepting  thoie  v/ho  fliall 
be  efpecially  forbidden)  to  tranfport  themfelves  and  Families  into  the  faid  Province 
or  Territory,  with  convejiient  Shipping  and  fitting  Provifion  %  and  there  to  fettJe 
themfelves,  dwell  and  inhabit :  Any  Law,  Aft,  Statute,  Ordinance  or  other  Thing 
to  the  contrary  not  with  Handing. 

A  N  D  we  will  alfo,  and  of  our  efpecial  Grace,  for  us,  our  Heirs  and  Succef- 
fors,  do  ftreightly  enjoin,  ordain,  conilitute  and  command,  that  the  faid  Province 
and  Territory  fliall  be  of  our  Allegiance  -,  and  tWt  all  and  fingular  the  Subjeds  and 
liege  People  of  us,  our  Heirs  and  Succeflbrs,  tranfported,  or  to  be  tranfported  into 
the  faid  Province,  and  the  Children  of  them,  and  fuch  as  fhall  defcend  from  them 
there  born,  or  hereafter  to  be  born,  be,  and  ftiall  be  Denizons  and  Lltges  of  us, 
our  Heirs  and  Succeflbrs,  of  this  our  Kingdom  of  England,  and  be,  in  all  Things 
held,  treated,  and  reputed  as  the  liege  faithful  People  of  us,  our  Heirs  and  Suc- 
ceflbrs, born  within  this  our  faid  Kingdom,  or  any  other  of  our  Dominions  -,  and 
may  inherit  or  otherwife  purchafe  and  receive,  take,  hold,  buy  and  pcfiefs,  any 
Lands,  Tenements,  or  Hereditaments,  within  the  faid  Places,  and  them  may  -oc-" 
cupy  and  enjoy,  fell,  alien  and  bequeath ;  as  likewife  all  Liberties,  Franchii'es  and 
Privileges,  of  this  our  Kingdom,  and  of  all  other  our  Dominions  aforelaid,  may 
freely  and  quietly  have,  poflefs  and  enjoy  as  our  liege  People  born  within  the  fame^ 
without  the  Molefliation,  Vexation,  Trouble  or  Grievance  of  us,  our'Htirs  and 
Succeflbrs  ;  any  Aft,  Statute,  Ordinance,  or  Provifion  to  the  contrary,  nocwith- 
fl:anding. 

AND  furthermore,  that  our  Subjefts  of  this  our  faid  Kingdom  of  England, 
and  other  our  Dominions,  may  be  the  rather  incouraged  to  undertake  this  Expedi- 
tion with  ready  and  chearful  Means,  Know  ye,  that  we,  of  our  efpecial  Grace,  cer- 
tain Knowledge  and  mere  Motion,  do  give  and  grant,  by  Virtue  of  thefe  Prefents, 
as  well  to  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Willi- 
am Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Aftiley,  Sir  George  Car- 
teret, Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs,  as  unto  all 
others  as  fliall,  from  Time  to  Time,  repair  unto  the  faid  Province  or  Territory 
with  a  Purpofe  to  inhabit  there,  or  to  trade  with  the  Natives  thereof,  full  Liberty 
and  Licence  to  lade  and  freight  in  every  Port  whatfoever  of  us,  our  Heirs  and 
Succeflbrs,  and  into  the  faid  Province  of  Carolina,  by  them,  their  Servants  and 
Afligns,  to  tranfport  all  and  fingular,  their  Goods,  "V^ares  and  Merchandifes ;  as 

likewife 


i:he  Proprietors  Second  CHARTER. 


likewife  all  Sorts  of  Grain  whatfoever,  and  any  other  Thing  whatfoever  nccelTary 
tor  their  Food  and  Cloathing,  not  prohibited  by  the  Laws  and  Statutes  of  our 
Kincrdom  and  Dominions,  to  be  carried  out  of  the  fame  without  any  Let  or  Mo- 
leitation  of  us,'  our  Heirs  and  Siicceirjrs,  or  of  any  other  our  Officers  or  Minifters 
whatfoever  •,  faving  alfo  unto  us,  our  Heirs  and  Succcflbrs,  the  Cuiloms  and  other 
Duties  and  Payments  due  for  the  laid  Wares  and  Merchanaiies,  according  to  the 
feveral  Rates  of  the  Places  from  whence  the  fame  Ihall  be  trafifported. 

W  E  will  alfo,  and  by  thefe  Prefents,  for  us,  our  Heirs  and  Succeffors,  do  give 
and  grant  Licence,  by  this  our  Charter,  unto  the  laid  Eaward  Earl  oi  ClarcnUon, 
George  Duke  9f  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony   Lord  Afli'ey,  Sir  George  Carteret,  Sir  John  Colleton,    and  Sir  William 
Berkeley,  and  their  Heirs  and  Affigns,  and  to  ail  the  Inhabitants  and  Dwellers  in 
the  Province  or  Territiory  alorefaid,  both  prefent  and  to  come,  full  Power  and  ab- 
folute  Authority,  to  import  or  unlade,  by  themiclves  or  their  Servants,  Faftors, 
or  AffignJ,  3l\\  Mcrchandifes   and  Goods  whatfoever  that  fhall  arife  of  the  Fruits 
and  Commodities  of  the   faid  Province  or  Territory,  either  by  Land  or  Sea,  into 
any  the  Ports  of  us,  our  Htirs  and  Succeffors,  in  our  Kingdom  of  England,  Scot- 
land or  Ireland,  or  otherwile  to  difpole  of  the  laid  Goods  in  the  ;aid  Forts  •,  and, 
if  Need  be,  within  one  Year  next  atter  the  unlading,  to  lade  the  laid  Merchandiics 
and  G.iods   again  into  the  fame  or  other  Ships,  and  to  export  the  fame  into  any 
other  Countries,  either  ot  our  Dominions  or  Foreign,  being  in  Amity  with  us,  our 
Heirs   and  Succeffors,  lo  as"  they  pay  fuch  Cuiloms,  Sublidies,.  and  other  Duties 
for  the  fame,  to  us,  our  Heirs  arid  SLicccffors,  as  the   reft  of  our  Subjefts  of  this 
our  Kingdom  for  the  Time  being,  fhall  be  bound  to  pay  •,  beyond  which  we  will 
not  that  the  Inhabitants  of  the  laid  Province  or  Territory  fhall  be  any  ways  charg- 
ed :  Provided   nevcrthelefs,  and  our  Will   and    Pleafure  is,  and  we  have  further, 
for  the  Confiderati  )ns  aforetaid,  of  our  elpecial  Grace,  certain  Knowledge  and  mere 
Motion,  given  and  granted,  and   by  thefe  Prefcnts,  for   us,  our  Heirs  and  Succef- 
fors, do  give  ^n-l  grant  unto  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Eafl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Alhky, 
Sir  George  Carteret,    Sir  John  Colleton,  and   Sir   William   Berkeley,    and  thtir 
Heirs  and  Affigns,  tull  and  free  Lie. nee,  Power   and  Authority,  at  any  Time  or 
Tim'js  from  and  after  the  Featt  of  St.  Michael  the  Archangel,  which  fhall  be  in 
the  Year  of  our  Lord  Chrift  One  Thvniland  Six  Hundred  and  Sixty  S^ven,  as  well 
to  imp  jrt  and  bring  into  any  of  our  Dominions,  from  the  faid  Province  of  Caroli- 
na, or  any  Part  thereof,  the  feveral  Goods  herein  after  mentioned  ;  that  is  to  fay. 
Silks,  Wines,  Raifins,  Capers,  Wax,  Almonds,  Oil,  and  Olives,  without  paying 
or  anfwering  to  us,  our  Heirs  and  Succeffors,  any  Cuftom,  Impuft,  or  other  Du- 
ty, for  or  in  Refpect  thereof,  for  and  during  the  Space  and  Term  of  Seven  Years, 
to  tom-iience  and   be  accounted  from  and   after  the  Importation  of  Four  Tons  of 
any  of  the  faid  Goods  in  any  one  Bottom,  Ship  or  Vcilc!,  from  the  !aid  Province 
or  Territory,  into  any  of  our  Dominions  •,  as  alio  to  export,  and  carry  out  of  any 
of  our  Dominions,  into  the  faid  Province  or  Territory,  Cuflom-free,  all  Sorts  of 
Tools  which  Ihall  be  ufeful  or  neceffary  for  the  Planters  there,  in  the  Accom^mo- 
dation   and  Improvement  of  the  Premifes  :  Any  Thing  before  in   thefe  Prefents 
corltain^d,  or  any  Law,  Ad,  Statute,  Prohibition,  or  other  Matter  or  Thing  here- 
tjfore  had,  made,  enafted,  or  provided,  in  any-wife,  notwithftanding. 

AND  furthermore,  of  our  more  ample  and  efpecial  Grace,  certain  Knowledge, 
and  mere  Motion,  we  do,  for  us,  our  Heirs  and  Succeffors,  grant  unto  the  faid 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George*  Carteret,  Sir  John  Colle- 
ton, and  Sir  William  Berkeley,  their  Heirs  and  Affigns,  full  and  abfolute  Power 
and  Authority,  to  make,  ered,  and  conftitute,  within  the  faid  Province  or  Terri- 
tory, and  the  Ifles  and  ia.;ts  aforefaid,  fuch  and  fo  many  Sea-Ports,  Harbours, 
Creeks,  and  other  Places,  for  Difcharge  and  unlading  of  Goods  and  Merchandifes 
out  of  Ships,  Boats  and  other  Veffcls,  and  for  lading  of  them,  in  Juch  and  fo  ma- 
fa  ny 


vi  The  Proprietors  Second  CHARTER, 

ny  Places,  with  fuch  Jurifdiftions,  Privileges  and  Franchifes  unto  the  faid  Ports 
belonging,  as  to  them  ihall  feem  moft  expedient ;  anc^  that  all  and  fingular  the 
Ships,  Boats,  and  other  VefTels  which  fhall  come  lor  Merchandifes  and  trade  into 
the  faid  Province  or  Territory,  or  ihall  depart  out  of  the  fame,  fliall  be  laden  and 
unladen  at  fuch  Ports  only  as  Ihall  be  ereded  and  conftituted  by  the  faid  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  i^ord 
Berkeley,  Anthony  Lord  Afhiey,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  their  Heirs  and  Alllgns,  and  not  elfewhere  :  Any  Ufage,  Cuf- 
tom  or  Thing  to  the  contrary,  notwithltanding. 

A  N  D  we  do  further  will,  appoint  and  ordain,  and  by  thefe  Prefents,  for  u?, 
our  Heirs  and  Succeflbrs,  do  grant  unto  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony 
Lord  Afhiey,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  Heirs  and  Afligns,  that  they  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  L,uid  Berkeley,  Anthony 
Lord  Afhiey,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  Heirs  and  Afligns,  may,  from  Time  to  Time,  for  ever,  have  and  erjoy  the 
Cuftoms  and  Subfidies,  in  the  Pores,  Harbours,  Creeks,  and  other  Places  within 
the  Province  aforefaid,  payable  for  the  Goods,  Wares,  and  Merchandifes  there  la- 
ded, or  to  be  laded  or  unladed ;  the  faid  Cuftoms  to  be  reafonably  afltfied,  upon 
any  Occafion,  by  themfelves,  and  by  and  with  the  Confent  of  the  free  People,  or 
the  greater  Part  of  them  as  aforefaid ;  to  whom  we  give  Power,  by  thefe  Prefents,. 
for  us,  our  Heirs  and  Succeflbrs,  upon  juft  Caufe,  and  in  due  Proportion,  to  af^- 
fefs  and  impofe  the  fame,. 

AND  further,  of  our  efpecial  Grace,,  certaih  Knowledge  and  mere  Motion,  v/e- 
have  given,  granted  and  confirmed,  and  by  thefe  Prefents,  for  us,  our  Heirs  and 
Succeifors,  do  give,  grant  and  confirm  unto  the  faid  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony Lord.  Afhiey,.  Sir  George  Carteret,  Sir  John  Colteton,  and  Sir  William 
Berkeley,  their  Heirs  and  Afligns,  full  and  abfolute  Power,  Licence,  and  Autho- 
rity, that  they  the  faid  Edv^rard  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
■  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhiey,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Afligns, 
from  Time  to  Time  hereafter,  for  ever,  at  his  and  their  Will  and  Pleaiure,  may 
afljgn,  alien,  grant,  demife,  or  enfeoff,  the  Premifes,  or  any  Part  or  Parcel  there- 
of, to  him  or  them  that  fhall  be  willing  to  purchafe  the  fame,  and  to  fuch  Perfon 
and  Perfons  as  they  fhall  think  fit ;  to  have  and  to  hold  to  them  the  faid  Perfon  or 
Perfons,.  their  Heirs  and  Afligns,  in  Fee-fimple,  or  in  Fee-tail,  or  for  Term  of  Life 
or  Lives,  or  Years  ;  to  be  held  of  them  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Afhiey,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
Heirs  and  Afligns,  by  fuch  Rents,  Servicer  and  Cuftoms,  as  fliall  feem  fit  to  them- 
the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  , 
John  Colleton,  and  Sir  William  Berkley,,  their  Heirs  and  Afligns,  and  not  of  us,: 
our  Heirs  and  Succeflbrs :  And  to  the  fame  Perfon  and  Perfons,  and  to  all  and 
every  of  them,  we  do  give  and  grant,  by  thefe  Prefents,  for  us,  our  Heirs  and 
Succeflfors,  Licence,  AurhOrity  and  Power,  that  fuch  Perfon  or  Perfons  may  have 
and  take  the  Prernifes,  or  any  Part  thereof,  of  the  faid  Edward  Earl  of  Clarendon,. 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony Lord  Afiiley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Ber- 
keley, their  Pleirs  and  Afligns  •,  and  the  fame  to  hold  to  themfelves,  their  Heirs 
and  Afligns,  in  what  Eftate  of  Inheritance  foever,  in  Fee-fimple,  or  Fee-tail,  or 
otherwife,  as  to  them  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, WilHam  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Alhley,  Sir 
George  Carteret,  Sir  John  Colleton,    and  Sir  William  Berkeley,    their  Heirs  or 

Afiign§^ 


The  Proprietors  Second  CHARTER.  vii 


Afligns,  (hall  feem  expedient ;  the  Statute  in   the  Parliament  of  Edward,  Son  of 
King  Henry,  heretotbre  King  of  England,  our  Predeceflbr,  commonly  called  the 
Statute  of  Quia  emptores  Terrar,  or  any  other  Statute,  Ad,  Ordinance,  Uie,  Law 
Cuftom,  or  any  other  Matter,  Caufe  or  Thing,  heretofore  publiflied  or  provided 
to  the  contrary,  in  any-wife,  notwithftanding. 

AND  becaufe  many  Perfons  born  and  inhabiting  in  the  faid  Province,  for  their 
Deferts  and  Services,  may  exped  and  be  capable  of  Marks  of  Honour  and  Favour, 
which,  in  Refpett  of  the  great  Diftance,  cannot  be  conveniently  conferred  by  us  ; 
our  Will  and  Pleafure  therefore  is,  and  we  do  by  thefe  Prefents,  give  and  crranc 
unto  the  laid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Beikeley,  Anthony  Lord  Afhley,  Sir  George  Carteret, 
Sir  John  Colleton,  ^and  Sir  William  Berkeley,  and  their  Heirs  and  Afllo^ns,  full 
Power  and  Authority,  to  give  and  confer  unto  and  upon  fuch  of  the  Inhabitants 
of  the  faid  Province  or  Territory,  as  they  Ihall  think  do  or  fhall  merit  the  fame, 
fuch  Marks  of  Favour  and  Tides  of  Honour  as  they  fhall  think  fit ;  fo  as  their 
Titles  or  Honours  be  not  the  fame  as  are  enjoyed  by  or  conferred  upon  any  ol  the 
Subjeds  of  this  our  Kingdom  of  England. 

AND  further  alfo,  we  do,  by  thefe  Prefents,  for  us,  our  Heirs  and  Succeflbrs, 
give  and  grant  Licence  to  the  laid  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  V/illiam  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Alh-. 
ley,  Sir  George  Carteret,  Sir  John  Colleton,    and  Sir  William  Berkley,  and  their 
Heirs  and  Affigns,  full  Power,  Liberty  and  Licence,    to  ered,  raife  and  build, 
within  the  faid  Province  and  Places  aiorefaid,  or  any  Part  or  Parts  thereof,  i'uclx 
and  fo  many   Forts,  Fortreflcs,  Cafcles,  Cities,  Boroughs,  Towns,  Villages,  and 
other  Fortifications  whatfoevcr  ;  and  the  fame  or  any  of  them  to  fortify  and  lurnilh 
with  Ordinance,  Powder,  Shot,  Armour,  and  all  other  Weapons,  Ammunition, 
and  Habiliments  of  War,  both  defcnfive  and  offenfive,  as  fhall  be  thought  fit  and 
convenient,  for  the  Safety  and  Welfare  of  the  faid  Province  and  Places,  or  any 
Part  thereof ;  and  the  fame,  or  any  of  them,  from  Time  to  Time,  as  Occafioa 
fhall  require,  todifmantle,  disfurnilh,  demolilh^nd  pull  down  :  And  alfo  to  place, 
confticure  and  appoint,  in  or  over  all  or  any  of  the  faid  Caftles,  Forts^  Fortifica- 
tions, Cities,  Towns,  and   Places  aforefaid.  Governors,    Deputy- Governors,  Ma- 
giftrates,  Sherifs,  and  other  Officers,  Civil  and  Military,  as  t9  them   fhall  feem 
meet :  And  to  the  faid  Cities,  Boroughs,  Towns,  Villages,  or  any  other  Place  or 
Places  within  the  faid  Province  or  Territory,  to  grant  Letters  or  Charters  of  In- 
corporation, with  all  Liberties,  Franchifes  and  Privileges,  requifite  or  ufual,  or  to 
or  within  ihis  our  Kingdom  of  England  granted  or  belonging;  and  in  the  fame 
Cities,  Boroughs,  Towns,  and  other  Places,  to  conftitute,  ered,  and  appoint,  fuch 
and  fo  many  Markets,  Marts, -and  Fairs,  as  fhall,  in  that  Behalf,  be  thought  fie 
and  necefuj;y :    And  further  alfo,    to  ered  and  make  in  the  Province  or  Territory 
aforefaid,    or  any  Part  thereof,  fo  many  Manors,  with  fuch  Signories  as  to  them 
fhall  feem  meet  and  convenient;    and  in  every  of  the  fame  Manors  to  have  and  to 
hold  a  Court-Baron,  with  all  Things  whatfoever  to  a  Court-Baron  do  belong ;  and 
to  have  and  to  hold  Views  of  Frank-Pledge  and  Court- Leets,  for  the  Confervation 
of  the  Peace  and  better  Government  ol  thole  Parts,  with  luch  Limits,  Jurifdictions, 
and  Precincts,    as  by  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,    Sir 
George  Carteret,  Sir  J^hn  Colleton,  and  Sir  William  Berkeley,    or  their  Heirs, 
fhall  be  appointed  for  that  Purpofe,  with  all  Things  whatfoever  which  to  the  Court- 
Leet  or  View  of  Frank-Pledge  do  belong;  the  fame  Courts  to  be  holden  by  Stev/- 
ards,  to  be  deputed  and  authorifcd  by  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Afliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,    or 
their  Heirs,  by  the  Lords  of  the  Manors  and  Leets,  for  the  Time  being,  when  the 
fame  fhall  be  erected. 

AND 


y 


viii         '      '  The  Proprietors  Second  CHARTER. 


AND  becaufe  that  in  fo  remote  a  Country,  and  fituate  among  fo  many  barba- 
rous Nations,  the  Invafions  of  Savages  and  other  Enemies,  Pirates,  and  Robbers, 
may  probably  be  feared ;  therefore,  we  have  given,  and  for  us,  our  Heirs  and 
Succeflbrs,  do  give  Power,  by  thefe  Prefents,  unto  the  faid  Edward  Earl  of  .Cla- 
rendon, George  Duke  of  Albemarele,  William  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  their  Heirs  or  Affigns,  by  themfelves,  or  their  Captains,  or  other 
Officers,  to  levy,  mufter,  and  train  up  all  forts  of  Men,  ot  what  Condition  foever, 
or  wherefoever  born,  whether  in  the  faid  Province,  or  elfewhere,  for  the  Time  be- 
ing •,  and  to  make  War,  and  purfue  the  Enemies  aforefaid,  as  well  by  Sea,  as  by 
Land;  yea,  even  without  the  Limits  oi  the  faid  Province,  and,  by  God's  Affift- 
ance,  to  vanquifli,  and  take  them  ;  and  being  taken,  to  put  them  to  Death,  by 
the  Law  of  War,  and  to  fave  them  at  their  Plcafure,  and  to  do  all  and  every  other 
Thing,  which  to  the  Charge  and  Office  of  a  Captain  General  of  an  Army,  hath 
had  the  fame. 

Alfo,  our  Will  and  Pleafure  is,  and  by  this  our  Charter,  we  do  give  and  grant 
unto  the  faid  Edward  Earl  of  Clarendon,  Georg?  Duke  of  Albtmarl,  WjJliam 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  Gforge  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Afligns,  iull  Power 
Liberty,  and  Authority,  in  Cafe  of  Rebellion,  Tumult,  or  Sedition,  (if  any 
fliould  happen,  which  God  ^forbid)  either  upon  the  Land  within  the  Province 
aforefaid,  or  upon  the  main  Sea,  in  making  a  Voyage  thither,  or  returning 
from  thence,  by  him  and  themfelves,  their  Captains,  Deputies,  or  Officers,  to  be 
authorized  under  his  or  their  Seals,  for .  that  Purpofe  ;  to  whom  alfo,  for  us,  our 
Heirs  and  Succeffors,  we  do  give  and  grant,  by  thefe  Prefents,  full  Power  and 
Authority,  to  exercife  Martial  Law  againft  any  mutinous  and  feditious  Perfons  oi 
thefe  Parts ;  fuch  as  fhall  refufe  to  fubmit  themfelves  to  their  Government,  or 
fliall  refufe  10  ferve  in  the  War,  or  fliall  fly  to  the  Enemy,  or  forfake  their  Co- 
lours or  Emlgns,  or  be  Loiterers^  or  Stragkrs,  or  otherwife  ofTcnding  againft 
Law,  Guftom,  or  Military  Difciphne-,  as  freely  and  in  as  ample  Manner  and 
Form,  as  anj  Captain-Generfll  of  aft  Army,  by  Virtue  of  his  Office,  might  or  hath 
accuilomed'to  ufe  the  fame. 

AND  our  further  Pleafure  is,  and  by  thefe  Prefents,  for  us,  our  Fleirs  and 
Succeffors,  we  do  grant  unto  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Alfiley, 
Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkley,  their  Heirs  and 
and  AiTigns,  and  to  the  Tenants  and  Inhabitants  of  the  faid  Province  or  Territory, 
both  pefent  and  to  come,  and  to  every  of  them,  that  the  faid  Province  or  Territory, 
and  the  Tenants  and  Inhabitants  thereof,  fhall  not  /rom  henceforth,  be  held  or 
reputed  any'^Member  or  Part  of  any  Colony  whatfoever  in  America,  or  elfewhere, 
now  tranfported  or  made,  or  hereafter  to  be  transported  or  made  -,  nor  ffiall  be  de- 
pending on,  or  fubjedl  to  their  Government  in  any  Thing,  but  be  abfolutely  fepa- 
rated  and  divided  from  the  fame  •,  and  our  Pleafure  is,  by  thefe  Prefents,  that  they 
be  feperated,  and  that  they  be  fubjeft  immediately  to  our  Crown  of  England,  as 
depending  thereof,  for  ever  :  And  that  the  Inhabitants  of  the  faid  Province  or  Ter- 
ritory, nor  any  of  them,  fliall,  at  any  Time  hereafter,  be  compelled,  or  compella- 
ble, or  be  any  ways  fubjeft  or  liable  to  appear  or  anfwer  to  any  Matter,  Suit, 
.Caufe,  or  Plaint  whatfoever,  out  of  the  Province  or  Territory  aforefaid,  in  any  other 
of  our  Iflands,  Colonies,  or  Dominions  in  America,  or  elfewhere,  other  thap  in 
our  Realm  of  England,  and  Dominion  of  Wales, 

AND  becaufe  it  may   happen  that  fome  of  the  People  and  Inhabitants  of  the 
faid  Province,  cannot,  in  their  private  Opinions,  conform  to  the  Public  Exercile, 
of  Religion,  according  to  the  Liturgy,  Forms,  and  Ceremonies  of  the  Church  of 
England,  or  take  and  fubfcribe  the  Oaths  and  Articles  made  and  eflablillied  in  that 
Behalf;  and  for  that  tlie  fame,  by  Reafon  of  the  remote  Diflances  of  thofe  Places, 

*  will. 


Ihe  Proprietors  Second  CHARTER.  ix 

will,  as  we  hope,  be  no  Breach  of  the  Unity  and  Conformity  eftablifhed  in  this 
Nation ;  our  Wui  and  Pleafure  therefore  is,  and  we  do  by  thefe  Prefents,  for  us, 
our  Heirs  and  Succelfors,  give  and  grant  unto  the  faid  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony'^Lord  i\(hley.  Sir  George  Carteret,  Sir  John  Colieton,  and  Sir  William 
Berkeley,  their  Heirs  and  Alfigns,  full  and  free  Licence,  Liberty,  and  Authority, 
by  luch  Ways  and  Means  as  they  Ihall  think  fit,  to  give  and  grant  unto  luch  ir'er- 
Ibn  and  Perions,  inhabiting  and  being  within  the  faid  Province  or  Territory,  hereby, 
or  by  the  faid  recited  Letters  Patents  mentioned  to  be  granted  as  atorefaid,  or  any 
Part  thereof,  fuch  Indulgences  and  Difpenfations,  in  that  Behalf,  for  and  during 
fuch  Time  and  Times,  and  with  fuch  Limitations  and  Reltrictions,  as  they  the  laid 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  ot  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Alhley,  Sir  George  Carteret,  Sir  John  Colle- 
ton, and  Sir  William  Berkeley,  their  Heirs  or  Alilgns,  ihall,  in  their  Difcretion, 
think  fit  and  realonable :  And  that  no  Pcrfon  or  Perfuns  unto  whom  fuch  Liberty 
fhall  be  given,  fh.ill  be  any  Way  molefted,  punifhed,  difquietcd,  or  called  in  Quel- 
tion,  for  any  DixTerences  in  Opinion,  or  Pradice  in  Matters  of  religious  Concern- 
ments, who  do  not  a:tualiy  difturb  the  civil  Peace  of  the  Province,  County,  ot 
Colony,  that  they  fli:;ll  make  their  Abode  in  -,  but  all  and  every  fuch  Perfon  and 
Perfons  may,  from  Time  to  Time,  and  at  all  Times,  freely  land  quietly  have  and 
enioy  his  and  their  Judgments  and  Confciences,  in  Matters  of  Religion,  throughout 
all  the  faid  Province  or  Colony,  they  behaving  thcmlelves  peaceably,  and  not  ufing 
thi:;  Liberty  to  Licentioufnefs,  nor  to  the  civil  Injury,  or  outward  Difturbance  of 
others :  Any  Law,  Statute,  or  Claufe,  contained,  or  to  be  contained,  Ufage  or 
Cuftom  of  our  Realm  of  England,  to  the  contrary  hereof,  in  any-wile,  notwith- 
fcauding. 

A  N  D  in  Cafe  it  ftiall  happen  that  any  Doubts  or  Qiieftions  fhall  arife  concerning 
the  true  Senfe  and  Underftanding  of  any  Word,  Clauie,  or  Sentence,  contained  in 
this  our  prefent  Charter ;  we  will,  ordain,  and  command,  that  in  all  Times,  and  in 
all  Things,  fuch  Interpretations  be  made  thereof,  and  allowed  in  all  and  every  of 
our  Courts  whatfoever,  as  lawfully  may  be  adjudged  moft  advantageous  and  favour- 
able to  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Affigns,  although 
cxprefs  Mention,  &c. 

WITNESS  ourfelf,  at  Weftminfter,  the  Thirtieth  Day  of  June,  in  the  Sevenf 
teenth  Year  of  our  Reign. 

PER  IPSUM  REGEM. 


><■        X  ...  X,       .  X.  ..  X A 

'0^0:j0.:0:^^0.:0:0^0:0.0M.0-^0-^03.^0^0.^0-. 


S  .>' 

">o< . 

t'\  /"'- 

great: 


GREAT  DEED  OF  GRANT. 

GEORGE  Duke  of  Albemarle,  Mafter  of  his  Majefty's  Horfe  -,  Edward 
Earl  of  Clarendon  ;  William  Earl  of  Craven  -,  John  Eord  Berkeley  ;  Antho- 
ny Lord  Afhley,  Chancellor  of  the  Exchequer  ;  Sir  George  Carteret,  Vice-Cham- 
berlain of  his  Majefty's  Houfehold ;  Sir  William  Berkeley,  Knight ;  and  Sir  John 
Colleton,  Baronet  j  the  true  and  abfolute  Lords  Proprietors  of  all  the  Province  of 
Carolina. 

'To  our  trujly  and  well  beloved  SAMUELSTEPHENS,  Efq;  Governor  of  cur 
County  of  Albemarle^  and  the  IJl.es  and  Iflets  within  Ten  Leagues  thereof  •>  and  to  our 
trujly  and  well  beloved  Councillors  and  Ajfijtants  to  our  J  aid  Governor :  Greeting. 

WHEREAS  we  have  received  a  Petition  from  the  Grand  Aflembly  of 
our  County  of  Albemarle,  praying,  That  the  Inhabitants  of  the  faid 
County  may  hold  their  Lands  Upon  the  fame  Terms  and  Conditions  that 
the  Inhabitants  ot  Virginia  hold  theirs ;  and  forafmuch  as  the  faid  County  doth  bor- 
der upon  Virginia,  and  is  much  of  the  fame  Nature,  we  are  content,  and  do  grant, 
that  the  Inhabitants  of  the  faid  County  do  hold  their  Lands  of  us,  the  Lords  Pro- 
prietors, upon  the  fame  Terms  and  Conditions  that  the  Inhabitants  of  Virginia  hold 
theirs:  WHEREFORE,  be  it  known  unto  all  Men,  by  thefe  Prefents,  That  we, 
the  faid  Lords  and  abfolute  Proprietors  of  the  County  within  the  Province  aforefaid, 
have  o-iven,  granted,  and  by  thefe  Prefents  do  give  and  grant,  full  Power  and  Au- 
thority unto  youi  the  laid  Governor,  by  and  with  the  Confent  of  our  Council,  or 
the  major  Part  thereof,  or  to  any  Governor  for  the  Time  being,  or  that  {hall  here- 
after be  by  us  appointed,  full  Power  and  Authority,  by  and  with  the  Confent  of 
our  Council  then  being,  or  the  major  Part  thereof,  to  convey  and  grant  fuch  Pro- 
portions of  Land,  as  by  our  Intbudtions  and  Conceffions  annexed  to  our  Commiflion, 
bearing  Date  in  October,  Anno  Dom.  i66y,  we  have  appointed,  to  fuch  Perfons  as 
Ihall  come  into  our  faid  County  to  plant  or  inhabit ;  to  be  held  of  us,  our  Heirs 
and  Affigns,  upon  the  fame  Terms  and  Conditions,  that  Land  is  at  prefent  ufually 
granted  in  Virginia  j  any  Thing  in  our  Inftruftions  and  Conceffions  aforefaid  to  the 
contrary  notwithftanding  :  And  we  do  hereby  declare  and  confent,-  that  the  Warrant 
to  the  Surveyor  for  the  laying  out  of  faid  Lands,  and  the  Return  thereon  being  re- 
giftered,  and  alfo  the  Grant  of  you  our  faid  Governor  and  Council,  that  fhall  be 
where  fuch  Land  is  due,  having  the  Seal  of  the  Country  affixed  to  it,  and  figned  by 
yourfelf,  and  major  Part  of  our  Council  for  the  1  ime  being,  being  regiftertd,  fhall 
be  good  and  effeftual  in  Law,  for  the  Enjoyment  of  the  faid  Land  or  Plantation, 
and  all  the  Benefits  and  Profits  of,  and  in  the  fame  (except  one  Half  of  all  Gold 
and  Silver  Mines)  to  the  Party  to  whom  it  is  granted,  his  Heirs  and  Affigns,  for 
ever,  he  or  they  performing  the  Conditions  aforefaid. 

GIVEN  under  our  Hands,  and  Great  Seal  of  our  Province,  the  Firft  of  May, 
Anno  Domini  One  Thoufand  Six  Hundred  and  Sixty  Eight. 

ALBEMARLE,        CRAVEN, 
BERKELEY,  ASHLEY, 

CARTERET,  COLLETON. 


ANNO 


LAWS    of    North-Carolina. 


"^    ^-  D,    1715. 


ANNO       REGNI 

G    E   O   R   G   I   I     I, 

REGIS, 

MAGN.E    BRITANNIA,     FRANCIS,     &    HIBERNItE, 

S     E     C     U     N     D     O. 

At  a  General  Biennial   ASSEMBLY,  held  at  the  Houfe  of  Cant     ckarles 

I    °      EDEN,     Efq} 

Richard  Sandtrfon^  at  Little  River ^  begun  the  17th  Day  of  Novetnber^ 
17 15,  and  continued,  by  feveral  Adjournments,  until  the  19th  Day  of 
'January^   iJiS' 


Governor, 


CHAP.      I.     An  Afl^  ccncerning  Marriages.     OBSOLETE. 

2.  An  AH^  concerning  'Transferring  Rights.     O  B  S. 

3.  An  An.,  concerning  defraying  the  Charges    of   the    Governor   and 

Council.     O  B  S. 

4.  An  Act.,  prohibiting  Strangers  trading  izith  the  Indians.       O  B  S. 

5.  An  Ac!.,  for  the  fpeedy  Settlement  of  Lands.     O  B  S. 

6.  An  yfJ7,  exempting  New-Corners  from  paying  Levies  for  one  Tear. 

OBS. 

7.  An  AcJ^  for  the  better  obfe'rving  the  Lord's  Day  called  Sunday,    R'p-''  I'y  Aa, 
.       \the  30/^  (/ January,  the  2Cjth  of  Md.y,  and  the  iid  of  Sep-    ^^"■'^'  '^'^'• 

temlxTi  and  alfo  for  the  Juppreffmg  Prophanenefs^  Immorality., 
and  divers  ether  vicious  and  enormous  Sins. 

8.  An  A.I.,  for  eftahlifnng  the  Church,  and  appointing  fele£i  Veflries.    i^'pc'-  I'v  A^r, 

9-  An  At^,  for  Liberty  of  Ccnfciencc.,  and  that  the  folcmn  Affirmation  Th.stii.ftanceof 
of  the  PeoHe  called  Qiiakers,  fljall  be  accepted.,  injtead  of  an  f  r  by  f  v^.talstL 
Oath  in  the  ufual  Form.  '"■'  =  -^  e igianrf, 

•^  tlitn     n  Fore?  in 

this  Hfovlnce. 

.to.     An  A1,  relating  to  the  Biemiial.,  and  other  AffemUies -^  and  regulat-   ^"^-^  ■'''^a- 
ing  Elections  and  Members.     -  '^  ^'"- '  ""'"'• 

A  CHAP,      . 


LAWS    of    North-Carolina. 


J.  D.    iji^. 


Governor  to  ap> 
point  Coroners 
for  every  Hre- 
■cjnft,  by  Com- 
unilTjon. 


iiltered    by   the 
Fee   Bill.       In- 
quifition     l6  s. 
JuiorsFee  is,  \A, 
Conftable  7  d. 


CHAP.     XL     Coroners  appointed. 

I.  X)  JE  it  Ena5fed  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ahfo- 
\^  lute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  of  thii 
prefent  General  Affembly^  now  met  at  Little  River,  for  the  North  Eaft  Part  of  the  faid 
Province,  and  it  is  hereby  Enabled,  That  there  (hall  be  one  able  and  fubftantial  Free- 
holder appointed,  to  be  Coroner  in  every  Precindl  which  now  is,  or  hereafter  fhall 
be  laid  out  within  this  Government ;  which  Officer  the  Governor  or  Commander  in 
Chief  for  the  Time  being  is  hereby  defired,  authorifed,  and  impowered,  by  Com- 
miffion,  under  his  Hand  and  Seal,  to  commifllonate  and  appoint ;  who  (hall,  by 
Virtue  of  this  Aft,  and  fuch  Commifllon  granted  thereupon,  be  fully  invefted  with 
all  fuch  Powers  and  Authorities  as  to  the  Office  .of  a  Coroner,  by  the  Laws  and 
Cudoms  of  the  Kingdom  of  Great-Britain  doth  of  Right  belong  or  appertain, 

II.  A  N  D  be  it  further  EnaEied,  by  the  Authority  aforefaid^  That  every  Coroner 
fo  appointed,  may,  and  he  is  hereby  impowered,  to  take  and  receive,  for  every 
Inquell  by  him  made  and  taken,  and  returned  into  the  Secretary's  Office  (which  he 
is  hereby  required,  diredled,  and  commanded,  within  three  Months  after  the  Date, 
to  do)  the  Sum  of  Sixteen  Shillings  and  Eight  Pence,  for  his  own  Fee. 

.  III.  AND  be  it  further  EnaEled^  by  the  Authority  aforefaid.  That  each  Juryman 
(hall  be  paid  the  Sum  of  Twelve  Pence /)fr  Diem,  and  the  Conftable  who  fummon- 
eth  the  Jury,  the  Sum  of  One  Shilling  for  every  Juryman  -,  the  Whole  to  be  levied 
by  a  Warrant  from  the  Coroner,  upon  the  Eftate  of  the  Party  on  whofe  Body  any 
Inqueft  fhall  be  taken,  if  any  fuch  can  be  found ;  Otherwife  fuch  Charges  to  be 
paid  out  of  the  Public  Treafury. 


Rep.     ty     Aa, 
Apiil  4,   1741, 

Rep.     by     ACi, 
Dec.  5,   174&. 


Rep.     by     Aft, 
Dec.  5,   1746, 


CHAP.     12.     An  AEl,  for  ^lalification  of  Public  Officers.     O  B  S. 

13.  An  A^,  to  appoint  Conftables. 

14.  An  A51,    relating  to  the  Juftices  of  the  Court  cf  Pleas,  and  to 

prevent  the  Commiffioners,  and  other  Inferior    Officers  of 
the  faid  Court,  pleading  as  Attcrnies. 

15.  An  A5f,    afcertaining  the  Time  and  Method  for  the  executing  and 

Return  of  original  Writs,    and  for  the  better  regulating 
divers  Proceedings  in  the  Court  of  Pleas. 


CHAP.     XVI. 


No  Perfon   (liill 
be   committed 
without   Eitanii- 
nation. 

Magillrate  (hall 
admit  to  Bill,  if 
bailable. 

Shall  record  the 
Examination,  & 
the  Matter  given 
in  Evidence,  a- 
gainft,  and  for 
him. 

Shall    taki^   Re- 
erignizance,     to 
profijcute     and 
give  Evidence. 


An  A£i  to  dire5f  the  Method  to  be  obferved  in  the  Examination  and  Commitment  of 

Criminals. 

I.  'WyE  it  Enabled  by  his  Excellency  the  Palatine,  and  the  Reft  of  the  true  and  ahfolute 
J3  Lords  Proprietors  of  Carolina,  by  and  %vith  the  Advice  and  Confent  of  this  pre- 
fent General  Affembly,  now  met  at  Little  River,  for  the  North  Eaft  Part  of  the  faid 
Province,  and  it  is  hereby  Enaiied,  That  from  henceforward,  no  Perfon  within  this 
Province  (liall  ^  committed  to  Prifon  for  any  criminal  Matter,  until  Examination 
thereof  be  firftliad  before  feme  Magiftrate  -,  which  Magillrate  fhall  admit  the  Party 
to  Bail,  if  bailable,  and  fhall  record  the  Examination  of  the  Party,  and  alfo  the  full 
Matter  given  in  Evidence,  both  againft  him  and  for  him,  with  all  concurring  Cir- 
cumllances ;  and  fliall  take  Recognizance,  with  good  and  fufficient  Securities,  to- 
our  Sovereign  Lord  the  King,  for  the  Informer  to  appear  and  profecute,  as  the 
Laws  of  the  Kingdom  of  Great  Britain  and  this  Province  do  dired ;  and  likewife 
for  all  Evidences  for  the  King  to  appear,  and  give  Evidence  againft  the  Criminal, 
at  the  next  Court,    where  the  Matter  is  cognizable,    enfuing  fuch  Examination : 

Which 


L    A   IF  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


Which  Examination  and  Recognizances  fo  taken,  fliall  be  returned  to  the  Office  of  ^-  D.   1715. 

the  Court  wherein  the  Matter  is  to  be  tried,  under  the  Penalty  of  Five  Pounds  for  ^^iTl^n"^^ 

every  Negleft  -,    one  Half  to  the  Lords  Proprietors,    and  the  other  Half  to  him  or  ju  to  th«  next 

them  that  fliall  fue  for  the  fame  ;  to  be  recovered  in  any  Court  within  this  Govern-  ^  "'"  "''"'■  '^' 


Cnurt  vhere  the 
Matter   is  to   be 


ment,  by  A6lion  of  Debt,  Bill,  Plaint,  or  Information  -,    wherein  no  Eflfoin,    Pro-    tn-^d,  und^r  the 
tec1;ion,  Injunclion,  or  Wager  of  Law,  Ihall  be  allowed  or  admitted  of.  ior\Z,y   N^g- 

kd. 

CHAP.     17.     An  Jil  concerning  Evidences.  Repeal  by  a fv, 

De-     5,      1746, 

18.  An  A51  fcr  the  Relief  cf  fuch  Creditors^    whofe  Debtors  having    Repf^i^ty  Aft, 

Lands  in  this  Goi-crmnent,  depart,  'u;itLo::t leaving perfonal    d^-c  3,.  1746, 
Eft  ate  fiifficient  to  pay  their  Debts.  "^  '" 

19.  An  AJI  ccnccrniT.g  Efcapes  of  Perfons  tnder  Execution.     O  B  S. 

20.  An  Aj  to  dire  t  the  Difpofal  of  Goods  taken  upon  Excc::tion,    and    p.ov^Jed  for  by 

for  the  better  Rezulaticn  of  Diftref'es  hereafter  to  be  :r:ade  for    '''^  ^^  1:'  'P' 
Levies  and  Sl^.H  Rents,  and  the  a-^  for 

tftjbl, fling     Sj- 
ptrii  t  Couits. 

21.  An  Act  concerning  Attcrnics  from  foreign  Parts ^    and  fcr  giving    Rep  by  his  Ma. 

Priority  to  Country  Debts.  j  %'s  o.dtr,  in 

•^  Council, 

CHAP.     XXII. 

An  Act,  concerning  Appeals,  end  Writs  of  Error. 


\ 


IX.  T3  -^  ^^  Enaaed  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and    Rep-ai.  by  a^, 
_|3  abfolule  Lords  Proprietors  of  Carolina,  by  and  ivith  the  Advice  and  Con-    ^ri>ut'the"afh 
feiit  of  this  prefcnt  General  Affembly,  now  met  at  Little  River,  for  the  North-Eaft    and  loth  s.c- 
Part  of  the  Jaid  Province,  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted,    ll^'^oiiw!''''"* 
That  in  Cafe  any  Suit  or  Matter  fiiould  arife  in  the  Court  of  Chancery,  where  the 
Governor  or  Commander  in  Chief  of  this  Government  for  the  Time  beings  may  be 
a  Party,  or  iiitereiled  therein,  it  fnall  and  may  be  lawful  for  any  Four  of  the  Mem- 
bers of  the  Court  to  fit  and  aCt  therein,  as  though  the  faid  Governor  or  Comman- 
der were  prefent,  and  not  any  AVays  interefted,  cr  a  Party  therein. 

X.  AND  be  it  further  EnaSied,  by  the  Aaihority  aforefaid.  That  from  and  af- 
ter the  Ratification  of  this  Aft,  every  Member  of  the  Council,  or  Lords  Proprie- 
tors Deputy,  Ihall,  upon  his  entering  into  that  Office,  and  betore  he  prefumes  to 
give  his  Opinion  or  Determination  in  any  Caufe  that  fliall  come  before  him,  take 
an  Oath,  That  he  will  do  Right  to  all  Manner  of  Perfons,  according  to  the  beft 
of  his  Judgment  and  Underftanding  of  the  Laws  and  Uiagcs  of  the  Kingdom  of 
Great-Britain,  under  the  Penalty  and  Forfeiture  of  One  Hundred  Pounds  for  every 
Month  he  fliall  negleft  or  refufe  to  take  the  fame  -,  one  half  to  the  Lords  Proprie- 
tors, the  other  to  him  or  them  that  fliall  fue  for  the  fame  :  To  be  recovered  by 
Action  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  within  the 
Government  •,  v/herein  no  Ellbin,  Injunftion,  Protection,  or  Wager  of  Law,  fliall 
be  allowed  or  admitted  of. 

•CHAP.     23.     An  AFl,  to  prevent  the  Inhabitants  of  Y>^t)\  County  bringing  Actions    \ll';li;l' ^%' 
in  the  General  Court  againft  one  another,  for  Icfs  than  len    chap.  6.' 
Pounds. 

24.     An  Acl,  for  the  Tryal  of  fnall  and  mean  Caufes.  j^„j.„,  ^y  a  A 

April   4,     J74f, 


5.5.  ^n 


Chap.  25. 


4 


LAWS    of    North-Carolina. 


A.  D.  I 


715. 


Repeal'd  by  Aft, 
April  4,  1740, 
Chap.  12. 
The  fuLjeftMat- 
ter  of  this  Aft 
]fegulated  by  the 
King's  Inftiuc- 
tions  and  Orders 
of  Gdvernment 
here,  therefore 
Obfolete. 


Preamble. 


Seven  Years  Pof- 
fefli  )n  of  Lands, 
declared    a  good 


25.  An  Act^  for  the  better  Regulation  of  the  Militia  of  this  Govern- 

ment. 

26,  The  Form  of  a  Patent, 


CHAP.     XXVII. 

An  Act,  concerning  old  Titles  of  Lands -,  and  for  Limitation  of  Actions -,  and  for  avoid- 
ing Suits  in  Law. 

I.  TTTHEREAS  great  Suit,  Debate,  and  Controverfy,  hath  heretofore  been, 
y  y  and  may  hereafter  arife,  by  Means  of  ancient  Titles  to  Land  derived 
from  Patents  granted  by  the  Governor  of  Virginia,  the  Condition  of  which  Patents 
have  not  been  performed,  nor  Quit-Rents  paid,  or  the  Lands  have  been  deferred 
by  the  firft  Patentees,  or  for,  or  by  Reafon  or  Means  of  former  Entries  or  Pa- 
tents granted  in  this  Government ;  for  Prevention  Vv'hereof,  and  for  quieting  Mens 
Eftates,  and  for  avoiding  Suits  in  Law ; 

II.  B  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  refl  cf  the  true  and 
ahfolute  Lords  Proprietors  of  Carolina,  by  and  nzith  the  Advice  and  Confent  of  this  pre- 
fent  General  Afjembly,  now  met  at  Little  River,  for  the  North-Eail  Part  of  the  faid 
Province,  and  it  is  hereby  Enacted  by  the  Authority  of  the  fame.  That  all  Poffeffions 
of,  or  Titles  to  any  Lands,  Tenements,  or  Hereditaments  vvhatfocver,  derived 
from  any  Sales  made  either  by  Creditors,  Executors  or  Adminiftrators  of  any  Per- 
fon  deceafed,  or  by  Hufbands  and  their  Wives,  or  Hufbands  in  Right  ol  their 
Wives,  or  by  Indorfement  of  Patents,  or  otherwife,  of  which  the  Purchafer  or 
PolTelTbr,  or  any  claiming  under  them,  have  continued,  or  fhali  continue  in  Pcf- 
fefllon  of  the  fame  for  the  Space  of  Seven  Years  without  any  Suit  in  Law ;  be, 
and  are  hereby  ratified,  confirmed,  and  declared  good  and  legal,  to  all  Intents  and 
Purpofes  whatfoever,  againft  all,  and  all  Manner  of  Perfons  :  Any  form^er  or  other 


Title  or  Claim, 
withftandino-. 


Aft,  Law, 


Ufage, 


or  Statute,  to  the  contrary,  in  any-v/ife,  not- 


Claim  to  Lands, 
&c.  to  be  made 
within  7  Years. 


in.  AND  be  it  further  Enacted,  by  the  Authority  aforefcid.  That  no  Perfon 
or  Perfons,  nor  their  Heirs,  which  hereafter  fhali  have  any  Right  or  Title  to  any 
Lands,  Tenements  or  Hereditaments,  fliall  thereunto  enter  or  make  Claim,  but 
within  Seven  Years  next  after  his,  her,  or  their  Right  or  Title  which  defcend  or  ac- 
crue ;  and  in  Default  thereof,  fuch  Perfon  or  Perfons  fo  not  entering  or  making 
Default,  fhali  be  utterly  excluded  and  difabled  from  any  Entry  or  Claim  thereaf- 
ter to  be  made. 


Perfons  under 
Age,  Feme  Co- 
verts, &c.  miy 
make  Claim 
within  3  Years, 
after  Difability 
removed. 


IV.  P  ROV I D  E  D  neverthelefs.  That  if  any  Perfon  or  Perfons  that  is,  or 
hereafter  fhali  be,  intitled  to  any  Right  or  Claim  of  Lands,  Tenements,  or  Here- 
ditaments, fhali  be,  at  the  Time  the  laid  Right  or  Tide  firft  defcendeJ  or  accrued, 
come  or  fallen  within  the  Age  of  Twenty-one  Years,  Feme  Covert,  ISlcn  compos 
mentis,  imprifoned,  or  beyond  Seas,  that  then  fuch  Perfon  or  Perfons  fhali  and 
may,  notwithftanding  the  faid  Seven  Years  be  expired,  commence  his,  her,  or  their 
Suit,  or  make  his,  her,  or  their  Entry,  as  he,  fhe,  or  they  might  have  done  before 
this  Ad,  fo  as  fuch  Perfon  or  Perlbns  fhall,  within  Three  Years  next  after  full 
Age,  Difcoverture,  coming  of  found  Mind,  Enlargement  out  of  Prifon,  or  Per- 
fons beyond  Seas,  within  Eight  Years  after  the  Title  or  Claim  becomes  due,  take 
Benefit  and  fue  for  the  fame,  and  at  no  Time  after  tlie  Times  or  Limitations  hcreiiT 
fpecified ;  but  that  all  FoffefTions  held  v/ithout  fuing  fuch  Claim  as  aforelaid,  fhall 
be  a  perpetual  Bar  againft  all,  and  all  Manner  of  Perfons  whatfoever ;  that  the 
Expeftation  of  Heirs  may  not,  in  a  Ihort  Time,  leave  much  Land  unpofTefTcdi 
Vir\<l  Titles  fo  perplexed,  that  no  Man  v/ill  know  of  whom  to  take  or  buy  Land. 


V.     AND 


LAWS      of      N  O  K  T  H  -  C  A  R  O  L  I  N  A. 


V. 


I7I5. 


AND  he  it  farther  Enacted,  by  the  Atithcrity  afc^efaid.  That  all  Aft  ions  of  ^-  D. 
Trcfpafs,  Detinue,  Aftions  fur  Trover,  and  Replevin,  for  taking  away  of  Goods 
and  Chattels  ;  all  Actions  of  Accompt,  and  upon  the  Cafe  ;  all  Actions  of  Debt 
for  Arrearages  of  Rent ;  and  all  Adions  of  Aflault,  Menace,  Battery,  Woundino-, 
and  Imprifonment,  or  any  of  theiD,  which  fnall  be  fued  or  brought  at  any  Time 
after  the  Ratification  of  this  Act,  Ihall  be  commenced  or  brought  within  the  Time 
and  Limitation  in  this  Ad:  exprelfed,  and  not  after  :  That  is  to  fay,  Aftions  of 
Accompt  Render,  Adions  upon  the  Cafe,  Aftions  of  Debt  for  Arrearages  of  Rent, 
Adions  of  Detinue,  Replevin,  and  Trcfpafs  ^.are  Claufimi  fregit,  within  Three 
Years  next  after  tiie  Ratification  of  this  Act,  or  within  1  hree  Years  next  after  the 
C^uJe  of  fuch  Action  or  Suit,  and  not  ai'tcr  \  except  fuch  Accompts  as  concern  the 
Trade  of  Merchandize  between  Merchant  and  Merchant,  and  thtir  Factors  or  Ser- 
vants ;  and  the  laid  Actions  of  Trefpafs,  Afiault  and  Battery,  Wounding,  Impri- 
fonment,  or  any  of  them,  v.'iihin  One  Year  next  after  the  Ratification  of  this  Act; 
or  within  One  Year  after  the  Caufe  of  fuch  Action  or  Suit,  and  not  after ;  and 
the  laid  Actions  upon  the  Cafe  for  Words,  within  Six  Months  after  the  Ratifica- 
tion of  this  Act,  or  within  Six  Months  after  the  Words  fpoken,  and  not  after. 

,  VI.     PROVIDED  neverthekfs,  and  it  is  hereby  further  Enacted,  That  if  on    Ju-'smfnt  for  tht 
any  the  faid  Actions  or  Suits,  Judgment  be  given   for  the  Plaintiff',  and  the  fame    ^^^'^xUi^^ytrZ' 
be  reverfed  by  Error,  or  a  Verdid  pafs  for  the  Plaintiff,  and  upon  Matter  alledwed    ^''^'"t'ff 
in  Arreft  of  Judgment,  the  Judgment  be  given  againft  the  Plaintiff',  that  he  take    b'uVj"" 
nothing  by  his  Plaint,  Writ,  or  Bill ;  or  if  any  of  the  faid  Actions  fliall  be  brought    '^'^""^"'^^  ^no'. 
by  original  Writ,  and  the  Defendant  cannot  be  attached  or  legally  ferved  with  pY'o-      '"""  ""''^'" 
eels,  that  in  all  fuch  Cafes,  the  Party  Plaintiff',  his  Heirs,  Executors,  or  Admini- 
flrat;.r5,  as  the  Cafe  fhall  require,  may  commence  a  new  Action  or  Suit,  from  Time 
to  Ti  .,e,  within  a  Year  after  fuch  Judgment   reverfed,  or   fiich  Judgment  given 
ag.unfl  the  Plaintiff",  or   till   the  Defendant  can  be  attached  or  ferved  with  Procefsj 
fo  as  to  compell  him  to  appear  and  anfwer. 


:o  have 
g     i'y     his 
and    may 


a    War    after 
Juc'gmtnt   re- 


VII.  AND  be  it  further  Enacted,  T\\?.t\m\\  Acnr>n^^  G^Tvdp^k  ^are  Clau'  in  Aaion.  of 
fimfregit,  hereafter  to  be  brought,  v/herein  the  Defendant  or  Defendants  Ihall  dil-  7"/''"'^''/'',°'- 
claim  in  his  or  their  Plea,  to  make  any  Title  or  Claim  to  the  Lands  m  which  the  i^iaimiff  to  join 
Trefpafs  is  by  the  Declaration  fuppofed  to  be  done,  and  the  Trefpafs  be  by  Neg-  '^uT^Z^l'Zi^ 
ligence,  or  involuntary,  the  Defendant  or  Defendants  ihall  be  admitted  to  plead  a  iJ^inuff  b^rr/d. 
Difclaimer,  and  that  the  Trefpafs  was  by  Negligence,  or  involuntary,  and  a  Ten- 
der or  Offer  of  fufficient  Amends  for  luch  Treipafs  before  the  Action  brought  j 
whereupon,  or  upon  feme  of  them,  the  Plaintiff'  or  Flaintifiis   fnall  be  inforced  to 

join  IITue,  and  the  faid  liiue  be  fouiid  for  the  Defendant,  or  the  Plaintiff' fhall  be 
Non-fuited,  the  Plaintiff'  fliall  be  clearly  barred  from  the  faid  Action,  and  all 
other  Suits  concerning  the  fame, 

VIII.  AND  he  it  further  Enacted,  by  the  Authority  afcrcfaid.  That  in  all  Ac-  Aaons of  shn- 
tions  upon  the  Cafe  for  ffanderous  V/ords,  to  be  fued  or  proJecuted  by  any  Perfcn  cl'otr^hlTh^. 
in  the  General  or  Precinct  Courts  of  this  Governm.ent,  after  the  R^atification  of  this  ^t"'.^'  "'""■'* 
Act,_  if  the  Jury,  upon  tlie  Trial  of  the  IiTue  in  fuch  Action,  or  the  Jury  that  fliall  ^"^ """''  '^°  '* 
inquire  of  the  Damages,  do  find  or  affcfs  the  Damages  under  Forty  Shillings  ;  then 

the  Plaintiff  or  Plaintiffs  in  fuch  Action,  (hall  have  and  recover  only  fo  much 
Colls  as  r^amages  fo  given  of  alfcffed  fnall  amount  unto,  without  any  further  In- 
crcafc  of  the  fame  :  Any  Lav/,  S'tatute,  Ulagc,  or  Cuftom  to  the  contrary,  in  any 
wife,  notwithftanding. 


of  Debt  for  Arrearages  of  Rent,  Actions  of  Afiauk,  Menace,  Battery,  Wounding, 
and  Imprifonment,  Actions  of  Trefpafs  q^nare  Claiftim  fregit,  A&ions  upon  the  Cafe 
for  ffanderous  Yv^ords,    be,    or  ihalfbe  at  t!ie  Time  of  any  fuch  Caufe  of  Action 

givcrj 


Provlfo,  for  Prr- 
f)n5  bfvond  Se.i, 
irrprifonfd,  &c. 
to      bring      thcit 

Anions- 


LAWS      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


J.  D. 


1715-  given  or  accrued,  fallen  or  come  within  the  Age  of  Twenty  One  Years,  Feme 
Covert,  nojt  compos  Mentis,  imprifoned,  or  beyond  the  Seas  j  that  then  fuch  Perfon 
or  Perfons  fhall  be  at  Liberty  to  bring  the  fame  Actions,  fo  as  tliey  bring  the 
fame  within  fuch  Times  as  are  before  limited,  after  their  coming  to  or  being  of  full 
Age,  Difcovert,  of  found  Memory,  at  large,  or  returned  from  beyond  the  Seas, 
as  other  Perfons,  having  no  fuch  Impediment,  m.ight  have  done. 


See  Aa 
Septemb, 
Chap.  3. 

Preamble, 


pnfTed 


Sales  made  by 
Hulband  and 
Wife,  and  ac- 
knowledged, the 
Wife  being  pri- 
vily  examined, 
declared  guud. 


C  PI  A  P.     XXVIII. 

Feme  Coverts  hew  to  pafs  Lands. 

H  E  R  E  A  S  the  legal  Way  of  pailing  Lands  where  the  Eflate  is  in  a 
,  ,  Feme  Covert,  is  by  Fine  and  Recovery;  and  it  having  been  formerly 
practicable  in  this  Government  (Fines  and  Recoveries  not  being  in  Ufe  there)  that 
Sales  have  been  made  by  the  Hulband  with  the  Wife's  Conienr,  and  fometimes  by 
Sales  from  them  both,  and  acknowledged  in  Court,  the  V/ife  being  firft  privately 
examined  by  the  Court,  whether  Ihe  acknowledged  the  fame  freely  : 

II.  B  E  it  Enacted  hy  his  Excellency  the  Palatine,  and  the  Reji  of  the  true  and 
ahfolute  Lord  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  \and 
Confent  of  the  Rejl  of  the  Members  of  the  Genera!  Jfembly,  now  met  at  Little  River, 
for  the  Nort!i  Eail  Part  of  the  faid  Province,  and  it  is  hereby  Enacted  by  the  Authority 
of  the  fame.  That  all  fuch  Sales  v/hich  have  at  any  Time  heretofore  been  made  m 
Manner  and  Form  aforefaid,  or  which  hereafter  fliall  be  made  by  tlie  FTuPoand  and 
Wife,  and  acknowledged  before  the  Chief  Juftice,  or  in  the  Court  of  the  Precinct 
where  the  Land  lieth,  the  Wife  having  been  firft  privately  examined,  before  the 
Chief  Jufrice  or  one  of  the  AfTociate  Judges,  or  by  fome  Member  appointed  by 
the  Coin-L  of  th"e  Precinct,  whether  fhe  acknowledgeth  the  fame  freely,  fnall  be  good 
and  effectual  againft  the  Hufband  and  Wife,  and  their  and  every  of  their  Heirs  and 
AfTigns,  and  againft  all  other  Peribns  claiming  by,  from,  or  under  them,  or  any  of 
them,  and  that  to  all  Intents  and  Purpofes,  as  if  the  fame  had  been  dene  by  Fine 
and  Recovery,  or  by  any  other  Way  or  Means  whatfoevef. 


Not  cnnftrued   to 
tilt  off  Iiitails. 


III.  PROV  ID  ED  always,  and  it  is  hereby  meant  and  intended.  That  nothing 
in  this  Act  contained,  fliallbe  conftrued  or  meant  to  give  any  Power  or  Authority 
hereafter  for  cutting  off  intailed  Lands :  Any  Thing  herein  before  contained  to  the 
contrary,  in  any  Wife,  notwithfVanding. 


This  Aft  was 
provided  for  by 
feveral  Statutes 
infoiced  in  this 
Province,  and  the 
Repeal  of  it  con^^ 
firmed  by  Aft, 
paffed  Oanber 
1749,  Ch.  6. 

Rep  by  Naviga- 
tion Aft,  March 
6,  I7j8,  Ch.  4. 


Chap.    29.     An  Act  for  preventing  Lifputes  concerning  Lands  already  furvcyedi 
REP. 

30.  An  Act  concerning  Ef cheat  Lands,  and  Ef cheaters.     REP. 

31.  An  Act  for  the  more  effectual  obferving  the  ^een's  Peace,    and  ejla- 

blifhing  a  good  and  lafiing  Foundation  of  Government  in 
North  Carolina.     R  E  I". 


32.     An  Act  for  fettling  and  maintaining  Pilots  at  R oanoke  and  Occacock 

Lilets. 


"^2.  An  Act  to  regulate  divers  Ahufes  in  the  taking  up  of  Lands,  and  to 
afcertain  the  Method  to  be  obferved  from  henceforth  in  taking 
up  and  furveying  Lands.     R  E  F* 


CHAP. 


LAWS    of    Nokth-Carolin 


CHAR     XXXIV.  J,  D.  ,7,5. 

An  Jet  for  entering;  of  Vejfeh^  and  to  prevent  the  Exportation  of  Debtors, 

I,  "O-E  it  Enacted  by  his  Excellency  the  Palatine,  and  the  Rejl  of  the  true  and  ahfohte 
J3  Lords  Proprietors  of  the  Province  of  Carolina,    by  and  -with  the  Advice  and 
Conjent  of  the  Reft  of  the  Members  of  the  General  /Iffonbly^    now  met  at  Little  River, 
for  the  North  Eail  Part  of  the  faia  Province^  end  it  is  hereby  Enacted  by  the  Authority 
of  the  fame^  That  the  Mailer  of  every  Ship  or  VefTel  coming  into  this  Government,    Mafter  of  VefT-i 
fhall,  within  Four  Days  next  after  his  Arrival,    and  before  he  trade  or  land  any    '"  ^'"^  ^"f  ""^ 
.Goods    (living  Creatures  only  excepted)    enter  into  Bond  in  tlie  naval  Office,  v/ith    out  c7tL  c',u "! 
one  iufficient  Freeholder  or  well  known  Merchant,    in  the  Sum  of  Five  Hujidred    ''y'J'"*""'  ^'- . 
Pounds,    with  Condition  that  the  faid  Mailer  fhall  not  carry  ofi'  any  Ptrfjn  cut  of   '^mf'^^'if  ""ubit 
this  Province  without  a  Ticket  firil  had  and  obtained  from  the  ISaval  Giiicer,  and    ^""'' 
figned  by  the  Governor  or  Commander  in  Chief  for  the  Time  being  (Pcifons  com- 
ing into  this  Province  in  the  fame  Vellel,    Women  whofe  Hufoands  are  lefiacnt  in 
the  Country,  Perfons  under  Age,  and  Sailors  who  have  not  refided  in  the  Govern- 
ment above  Two  Months,  excepted)  nor  fhall  depart  himfelf  without  Leave,  under 
the  Penalty  of  Fifty  Pounds ;    one  Third  to  the  Lords  Proprietors,    one  Third  to 
the  Governor  or  Commander  in  Chief,  and  the  other  Third  to  the  Informer. 

II.  AND  be  it  further  Enacted^    by  the  Authority  aforefaid^    That  the  faid  Bond  Honcttohe  t3k,„ 
fhall  be  taken  in  the  Na.ne  of  the  Governor  or  Commander  in  Chief  for  the  Time  "^  %  ^•'"''  °^ 
being,    payable  to  himfelf,    his  Succeflbrs  or  Aihgns,   but  fliall  be  to  the  only  Lie  Truft  fcV ' t'hV" 
of,    and  in  Truft  for^    fuch  Perfon  or  Perfons  as  fhall  appear  to  be  injured   by  the  '""'^  '"^"'"''' 
faid  Mafler's  Non-Performance  of  the  Condition   above  exprefTed  -,    and  fliall  be 

afligned  to  any  Perfon  or  Perfons  fo  injured  petitioning  for  the  fame,  who  fliall  and 
may  obtain  an  Adlion  thereon. 

III.  PROVIDED  always,   and  it  is  hereby  further  Enacted,    That  if  the  faid   Tohefoedwith. 
Bond  or  Bonds  fnall  not  be  fued  within  two  Years  after  the  Date  thereof,    then  the   '" """  ^'""" 
fame  fhall  be  null  and  void  to  all  Intents  and  Purpofes  whatfoever,    as  if  the  fame 

had  never  been  made  ;  any  Thing  herein  before  contained  to  the  contrary,  notwith- 
ftanding. 

IV.  AND  be  it  further  Enacted,  by  the  Authcrity  aforefaid.  That  no  Ticket  fhall  ^"  ^-'^"^''^  '■'■"= 
hereafter  be  granted  to  any  Perfon  intending  to  export  his  or  hei  fdf  out  of  this  fky'lf^f !venr"r 
Government  (except  as  before  excepted)  until  fufficient  Security  be  firfl:  given  to  <^""'''""  ro- 
the  Naval  Officer,  for  the  Payment  of  all  fuch  Debts  as  the  Party  fo  intendino-  to  tmr  Xive.Sr- 
depart  fhall  be  chargeable  with,  and  for  which  Atftions  fliall  be  commenced  within  '^'^"'.'"'""'iie 
Four  Months  next  after  fuch  Security  given,  or  until  Certificate  befirfl:  m^ade  to  the 

Naval  Officer,  by  the  Clerk  of  the  Precind  Court  where  the  Party  fhall  refide 
that  he  hath  publifhed  his  Intentions  to  depart  the  Government,  by  affixino-  a  Note 
at  the  Court-Houfe  Door,  publickly  to  be  read  by  all  Perfons,  durino-  the  fittino- 
and  Continuance  of  the  two  Courts  next  preceding  fuch  Certificate,  v/ithcut  bein? 
under  written,  or  any  Demand  iTiade  to  hinder  his  or  her  Departure. 

V.  AND  be  it  further  Enacted,  That  on  Default  of  fo  doing,  the  Naval  Officer  O'^'"^*' '^''^cef 
fliall  be  liable  to  fatisfy  the  Creditors  of  all  fuch  Perfons  who  fliall  depart  the  Go-  Aa:''ns!T'Toa,l 
vernment  by  Ticket  from  that  Office ;    provided  Anions  for  the  fame  be  entered  {^^'^^jj^ '"  ^'-'" 
within  Four  Months  after  the  Date  of  fuch  Ticket  fo  obtained  ;  without  Security  '"'  '" 
given,  or  Cernficate  had  and  received  from  the  Clerk  of  fome  Precinct  Court,  as 

before  mentioned. 


CHAP. 


35.     An  Act  fcr  raifng  a  Public  Magazine  cf  Ammunition,  upon  the  Ton-    R'-p'=»i  ^y  a.^, 
nage  of  all  VefJ'els  tradin'j;  to  this  Government.  ^r'''  ''•   ''^'^^- 

'*^  "  *  Chip     10 

Repf  I'd  by  AO, 

26.     An  Act  concerning  Roads  and  Ferries.  paired  j^n.  1764, 

-"  "  Chip.    3. 

Kcptal.    hy  A/>, 

37.     An  Act  to  encourage  the  b.Mding  of  Mills,  CHAR    Pf||^^«N;^-'7:^ 


Laws    of    North-Carolina. 


J.  D.    1715. 


CHAP,     XXXVIII. 


Jn  Act  to  appoint  Puhiic  Regifters,  and  to  direct  the  Method  to  be  obferved  in  conveying 
Lands%  Goods,  and  Chattels  ;    and  for  preventing  fraudulent  Deeds  and  Mortgages . 


Grant  fromLords 
Propriet'rs,      to 
chocfe    Public 
Ufgifters. 


w 


H  E  R  E  A  S  his  Excellency  the  Palatine,  and  the  Reft  of  the  true  and 
abfolute  Lords  Proprietors,  amongft  other  Privileges  and  Immunities, 
have  given  and  granted  to  this  their  Province,  to  choofe  Public  Regifters  :  In  Pur- 
fuance  therefore  to  the  faid  Grant,  and  for  the  better  and  more  effectual  Prevention 
of  fraudulent  Deeds,  Alienations,  and  Mortgages  ; 


PcWic  Regifters  II.  BE  it  Enacted  by  his  Excellency  the  Palatine,  and  the  Rejl  of  the  true  and  alfolulc 
Low  appointed,  i^^y^^  Proprietors  of  the  Province  of  Carolina,  by  and  ifitb  the  y:dvice  and  Ccnfcnt  of 
the  Refi  of  the  Members  of  the  General  /Iffembly,  now  met  at  Little  River,  for  the 
North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted  by  the  Authority  of  the 
fame.  That  it  fhall  and  may  be  lawful  for  all,  or  the  major  Part  of  tlie  Inhabitants 
and  Freemen  of  each  Precintl  (who  are  qualified  to  Vote  in  the  Election  of  BurgefTes) 
to  meet  the  Firft  Day  of  April  next,  at  the  ufual  Place  for  the  Eleftion  of  BurgcfiTes, 
then  and  there,  by  a  Majority  of  Votes,  to  eled  thre*^  Freeholders,  as  Candidates 
for  the  faid  Office  ;  of  which  laid  Candidates  fo  to  be  elefted,  the  Provoft-Marfhal 
of  each  Precinft,  or  his  Deputy  (who  are  hereby  required  to  attend  fuch  Ekclions) 
fliall,  within  Twenty  Days  after,  make  Return  to  the  Governor  or  Commander  in 
Chief  for  the  Time  being,  under  the  Penalty  of  Five  Pounds  for  every  fvich  Negled: ; 
and  the  Governor  or  Commander  in  Chief,  with  the  Advice  of  the  I^ords  Proprie- 
tors Deputies,  fliall  make  Choice  of  one  of  fuch  Candidates  fo  eledcd  as  aforelaid, 
who  being  commilTionated  under  the  Hand  and  Seal  of  the  Governor  or  Commian:'.er 
in'  Chief,  iliall  be  thereby  inverted  with  the  OfHce  of  Regifter  of  Deeds ;  and,  until 
there  be  a  Clerk  of  the  Parifli  Church,  of  Births,  Burials,  and  Marriages. 


ruWic  Regifter 
to  give  Bjnd  in  3 
IVlonths,  !n  1000 
PoundSjtDr  faith- 
ful Difcharge  of 
his  Office. 
Bond  to  lie  given 
lnl'recin£tC>  urt, 
and  recorded  in 
Precinft  and  Sl'- 
rietjiy's  Offices. 
Original  to  be 
left  with  thcGj- 
vcrnor. 

Penalty   for    not 
giving  Bond, 


IProvifo. 


No  C.-nveyance 
,.f  L.ind,  exe.pt 
Mortgage,  goud, 
unlcfs  acfcniiw. 
lidjted,  &c.  and 
r-'g.ll-rpd  within 
two  Munihs, 


Deds  fo  exccut- 
cd.tb  be  vjlid, 


III.  A  IS!  I)  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  and  eveiy 
Publich  Regifter  fo  chofen  and  commifTioned,  fhall,  within  Three  Months  after  he 
ftiall  enter  upon  his  Office,  give  Bond,  with  Two  good  and  fnfficient  Securities, 
to  his  Excellency  the  Palatine,  and  the  Lords  Proprietors,  in  the  Sum  of  One 
Thoufand  Pounds,  for  the  faithful  Difcharge  of  his  Office  •,  which  Bond  fliall  be 
given  before  the  Juftices  of  the  Precinft  whereof  the  Party  fhall  be  appointed  Re- 
gifter, and  recorded  in  the  Office  of  tlie  faid  Court,  and  alfo  in  the  Secretary's 
Office,  and  the  Original  repofited  in  the  Hands  of  the  Governor  or  Commander  in 
Chief :  And  whoever,  after  the  faid  Firft  Day  of  April,  fliall  officiate  in  the  faid 
Office  longer  than  Three  Months  without  giving  fuch  Security  as  aforefaid,  he  or 
they  fo  offending,  fliall  forfeit  and  pay  the  Sum  of  Tv/enty  Pounds  ;  one  Half  to 
the  Informer,  and  the  other  Half  to  the  Poor  of  the  Parifli  or  Prccincl. 

IV.  PRO  V ID E D  always.  That  every  Perfon  or  Perfons  who  now  a6t  in  the 
aforefaid  Office  within  any  Precind:  of  this  Government,  fliall  be  and  continue  in 
the  fame,  until  fuch  Choice  fhall  be  made  and  confirmed,  as  is  before  by  this  A6t 
diredcd ;  v/hen  they,  and  every  of  them,  are  hereby  required  and  commanded  to 
deliver  to  the  Public  Regifter  of  their  Precinct  fo  elected  and  confirmed,  all  Pa- 
pers and  Records  which  fliall  be  in  their  Cuftody,  that  do,  of  Pvight,  belong  and' 
appertain  to  tlie  faid  Office  ;  under  the  penalty  of  Fifty  Pounds. 

V.  AND  be  it  further  Enacted,  by  the  Authority  afcrefcid.  That  no  Convey- 
ance or  Bill  of  Sale  for  Lands,  (other  than  Mortgage)  in  what  Manner  or  Form 
foever  drawn,  fliall  be  good  and  available  in  Lav/,  unlefs  tlie  fame  fliall  be  acknov,-- 
ledged  by  the  Vendor,  or  proved  by  one  or  more  Evidences,  upon  Oath,  eitliei; 
before  the  Chief  Juftice  for  the  Time  being,  or  in  the  Court  of  the  PiTcinct  where 
the  Land  lieth,  and  regiftred  by  the  Public  Regifter  of  the  Precinct  v/liere  the 
Land  lieth,  within  Tv/cive  Months  after  the  Date  of  the  faid  Deed ;  and  that  alt 
Deeds  fo  done  and  executed,  fliall  be  valid,  and   pafs  Eftates  in  L.idd,  or  Pvight 

tO' 


L    A   IV  S      of      N  O  K  T  H  -  C  A  R  O  L  I  N  A. 
»  


tV  otlter  E'Vue,  without:  Livery  of  Seizin,  Attournment,  or  othsr  Ceremony  in  the    ^.  D.   1715. 
-L.^w  whacfoever. 


att-licd        under 
tlie  l-'ublic    S.a!. 


within     a    Year, 
to    be    j>uod    iui 


-     Yl.     PROVIDED  always.  That  all  Deeds  or  Conveyances  of  Lands,  Te-    ^,a-''j/Kiu. 
neai:-nts,i,Qr  Alereditanients,  Goods  or  Chattels,  wiiich  are   already  palled,  and  re-    able   Ci-nfidcra- 
^liiici^-Qr- which  Ihall  be  regiftred  within  One  Year  after  the  Rauhcati,  n  of  this    !r,oi' wlurn^' » 
Act,  for  which  a  good  and  valuable  Confideration  has  been  actually  and  bcnafJe    Vear,  jctUisd 
paid,  Ihall  be   gDod  and  available  in  Law  and  Equity,  to  Purchaiers,  and  their    ^"'■'  " 
Heir=!,  againft  the  Vendors,  and  their  Pieirs,  and  ail  others  claiming  by,  from,  or 
'^v;ider  them,  in  as  full  and  ample  Manner,  to  all  Intents,  Conftrudtions,  and  Pur- 
-'Jjofcs,  as  if  fuca  Title  had  been  made  either  by  Fine,  Common  Recovery,  Livery 
.t)f  Seifuv -Attourninent,  or  any  other  Ways  uled  and  practiied  within  theKingdcrfi 

-oji  ri\..i\   /  _■ :  :  •     )j\  i\\!\;  ■ 

•  Y\\.  ■■  AND  he  it  firther  Enacted,--ky  t^B  /^uihority  afcrefaiJ,  That  all  Deeds  and    d -^s  "^''e  in 
.Conveyancesof  Lands  lying  within  this  .Government,  made  m  foreign  Parts,  which    f.ll'd'pfov.a'aTb'-- 

llaall  be  remitted  hither,  and  proved  before  the  Chief  Juiticc,  or  Court  of  the  Pre-  '■-"»  "'   "'^"'e 

cincl  where  the  Land  li.th,  in  Manner  as  betore  directed  ;  or  which  fliall  be  perio-  f  nrae  "^cf  any 

naliy  acknowledged  or  proved  before  the  chief  Magiftrate  of  any  City,   Town,    or  t^-.s&c.crCn 

Corporation,    w^ichiri  the  King  of  Grent  Briiain^  Dom.inionj    and  an  Atteiiation  p;lntiti<n,   a".d 
thereof  affixed  thereto-,  or  v/hich  fhali  'be  acknowledged  or  proved  before  the  Go 

•  Vernor  or  Commander  in  Chief  of  any  of  his  Majefty's  Plantations,    and  attcfted  and  7f?ift 
■•^.ider  the  public  Sea),- and  regillered  in  the  aforefaid' Office  of  the  Precintt  where 

the  Land  lieth,  wnthin  one  Year  after  the  Arrival  of  fuch  Deeds  ;  fliall  be  good  and    viiid 
vilid  in  Law,  to  all  Intents  and  Purpofes,'  as  if  made  and,  executed  within  this  Go- 
Vtrnm.cnt.  "     ' 

VIII.     AND  for  the  avoiding  and  abolifhing  of  feigned,  covinous,  and  fraudu- 
lent Feoffments,    Gifts,    Grants,    Alienations,  Conveyances,  Bonds,  Suits,    Judg- 
ments, and  Executions,  as  well  of  Lands  and  Tenements,  as  of  Goods  and  Chat- 
tels, which  of  late  have  been,  and  ftill  are  devifed  and  contrived,  of  Malice,  Fraud, 
Covin,  or  Coilufion,    to  the  End,  Purpofe,  and  Intent,  to  delay,  hinder,  and  de- 
fraud Creditors  and  others,  of  their  juft  and  lawful  Actions,  DcbtSj  and  Accounts -, 
It  is  hereby  further  Enacted,  T\\3.t  z\\vLU(\Qvcry  FtoSimtini:,  Gitt,  Grant,  Alienation,    Fc.iT.nents.Gifti 
Bargain,    and  Conveyance  of  Lands,    Tenements,    Hereditaments,    Goods,    and    ^-'    "^-f"  _'"' 
Chattels,    or  of  any  of  them,  by  V/riting  or  othcrwifj ;    and  all  and  every  Bond,    inLn't," 01311"' be 
Suit,   Tudorment,  and  Execution,  at  any  Time  had  or  made  fince  the  firit  Day  of   ?■">'' /'"'y  ^e-"'''^ 

-^  T-v  '.  -      ■;.  iw,  -  111  -  '^^  I'erfin  njak- 

"jan.-ary.  Anno  Dom.  1714,  or  at  any  Time  Jftreatter  to  be  had  or  m?.ae,  to  or  lor  the  uni;. 
any  Intent  or  Purpofe  laft  before  declared  and  exprefied,  Ihall  be  from  henceforward 
deemed  and  taken  (only  as  againft  that  Perfon  or  Perfons,  his  or  their  Heirsj  Exe- 
cutors, Adminiftrator.'^,  and  Afugns,  and  every  of  them,  whofe  Adlions,  Suits, 
Debts,  Accounts,  Damages,  Penalties,  and  ForfcitUi"es,  fliall  releafe  by  fuch 
covinous  or  fraudulent  Devices  and  Pra6lices,  as  is  aforefaid,  or  fhall  or  might  be, 
in  any  Wife  difturbed,  hindered,  delayed,  or  defrauded)  to  be  clearly  and  utterly 
void,  fruftrate,  an -!  of'no  Effect ;  any  Pretence,  Colour,  feigned  Confideration, 
expreiTing  of  LTfe,  or  any  Matter  or  Thing  to  the  tontrary,  notwithitandi'ng. 

IK.     AND  he  it  further  Ena5lcd,  by  the  Authority  aforefaid.    That  all  and  every    Pa  tks  to  fuch 
the  Parties  to  fuch  feigned,    covinous,    or  fraudulent  Feoffments,    Gifts,    Grant.,    I"  rka'i.-vl'- 
"  Alienations,  Bargain,  Conveyance,  Bonds,  Suits,  Judgments,  Executions,  or  other    »>*e  .i.wiea'. 
Things   before  expreffcd,    and  being  Privy  and  knovt'ing  of  the  fame,    or  any  of 
tiiem,  which  at  any  Time  after  the  Firft  Day  of  Augufi  next  coming,  fliall  witti.nrly 
•and  willingly  put  in  Ufe,    maintain,    avow,   juftify,  or  defend  the  fame,  or  any  <>i 
ti'iem,  as  true,  fimple,  and  done,  had,  or  made  ^o«^/i^?,  and  upon  good  Confider- 
ation;  or  fhall  alien  or  aflign  any  the  Lands,  Tenements,  Goods,  or  Things  before 
mentioned,    to  him  or  them  conveyed,    as  is  aforefaid,    or  any  Part  thereof;    fhall 

■  incur  the  Forfeiture  of  the  real  Value  of  the  Lands  and  Tenements,    Goods  and 

■  -  Chattels :    One  Moiety  thereof  to  the  Lords  Proprietors,    and  the  other  Moiety  to 

the  Partv  grieved,  and  intended  to  be  defrauJed  thereby. 
'  '-  ^  ^      "  '  B  ■  ■  X.  Provided 


id 


LAWS      of     N  O  R  T  rf  -  C  A  R  O  L  I  N  A.* 


ji.  D.  Tji's-.  X.  PROVIDED  always^  and  be  it  further  Enable  J^_  by  the  Authority  af or  efai^-, 
That  this  Aft,  nor  any  Thing  herein  before  contained,  Ihall  not  extend,  or  be 
conftrued  to  impeach,  defeat,  or  make  void,  any  Conveyance  or  Aflurance,  Intereil, 
Limitation  of  Ufe  or  Ufes,  of,  in,  tOj  or  out  of  any  Lands  or  Teneiiietits  hereto- 
fore at  arry  Time  had  or  made,  or  hereafter  to  be  bona  fide  made,  upon  and  for  good 
Gonfideratrons,  to  any  Perfon  or  Perfons  whatfoever  \  any  Thing  before  mentioned 
to  the  contrary,  notwtthftanding.  


Not      to     make 
void  any  Convey- 
ance   bonji  fide 
zniiie. 


Mortgige   fiift 
regifkred,      (hall 
be      deemed     the 
&Il   Mortgage. 


Unlrfs  firdMort- 
gage  be  regiftered 
in  50  Djjs, 


XI.  AND  for  the  Preventiorr  of  Frauds  by  double  Mortgages  and  Conveyan- 
ces of  Lands,  Negroes,  Goods,  and  Chattels,  Be  it  further  Ena£fed,  by  the  Authority 
aforefaid.  That  every  Mortgage  of  Lands,  Tenements,  Goods,  ,or  Chattels,  which 
fhall  be  firft  regiftered  in  the  Regifter's  Office  of  the  Pregind  wh?re  th?  Land  lietH, 
or  of  Goods  and  Chattels  where  the  Mortgager  liveth,  /hall  be  taken,  deeme^, 
judged,  allowed  of,  and  held  to  be  the  firft  Mortgage,  and  to  be  good,  firm,  fub- 
ftantial,  and  lawful,  in  all  Courts  of  Juftice  within  this  Government;  any  former 
or  other  Mortgage  of  tlie  fame  Lands,  Goods'  or  Chattels,  not  before  regiftered, 
notwithftanding ;  unkfs  fuch  prior  Mortgage  be  regiftered  within  Fifty  Days  after 
the  Date.  ■-       :  :-.  .      ,      .■  : 


If  more  Mort- 
gages than  one, 
fuch  as  have  not 
regiftred,  may 
redeem  thofe  that 
are,  paying  Prin- 
cipal,  &c. 


Perfons  making  a 
fecond  Moitgage, 
the  firft  being  in 
Force,  to  hive 
no  Relief  in  E- 
quity. 

Not  to  bar  Wi- 
dow fromDuW  r, 
who  did  not  j.iin 
in  the  Deed,  &c.\ 


rirft  Mnrtgagee 
not  regiftiing  his 
Title  before  a  id, 
to  take  no  Ad. 
vantage  by  his 
Purchafe. 


Public  Ueglfter, 
when  there  is  no 
Parifh  Clerk,  to 
regifter  Births, 
Marriages,  and 
Eutials. 


Perfons  ncalefl- 
ing  ti  regifter, 
Jiirfeit  I  s,  per 
Month,  to  the 
Regifter  ;  not  to 
exceed  ;os. 

Penalties  how  to 
!>e  lecovsted. 


XII.  PROVIDED  always,  and  be  it  further  Enacted  by  the  Authority  aforefaid. 
That  in  Cafe  more  than  one  Mortgage  fhall  happen  to  be  made  and  be  in  Force  at 
one  Time,-  of  the  fame  Lands  "and  Tejierpents,  Goods  and  Chattels,  the  feveral 
Mortgao;ees'  which  have  not  recriftred  their  Morto-ao-es,  their  Heirs,  Executors, 
Adminiftrators,  or  Affigns,  fhall  have  Power  to  redeem  any  Mortgage  or  Mortga- 
ges regiftered,  upon  paying  the  principal  Debt,  Intereft,  and  Cofts  of  Suit,  to  the 
prior  Mortgagee  or  Mortgagees,  their  Heirs,  Executors,  Adminiftrators,  or  Afligns', 
and  as  a  Punifhment  for  fuch  intended  Fraud  or  Covin,  every  Perfon  or  Perfons 
which  fhall  mortgage  the  fame  Laiids,  Tenements,  Goods  or  Chattels,  a  fecond 
Time,  a  former  Mortgage  being  in  Force  and  not  difcharged,  ftiail  have  no  Power 
or  Liberty  of  Redemption  in  Equity  or  otherwife. 

XIII.  PR  O  VID  E  D  alfoythiit  nothing  in  this  Ad:  contained  fhall  be  conftrued, 
deemed,  or  extended,  to  bar  any  Widow  of  any  Mortgager  of  fuch  Lands  or  Tene- 
ments^  from  her  Right  of  Dower  to  the  faid  Land,  who  did  not  legally  join  with 
her  Hufband  in-fuch  Mortgage,  or  otherwife  bar  or  exclude  herfelf  from  fuch  her 
Dower  or  Right*-  .         ,     . 

-    ;    .-'':i':  :;[.f :.i   i.j  b..ii    ..  .  I    --.'-■.. 

XIV.  AN^D'he  it  further '.Eriae^d^  If  thg  Authority  aforefaid.  That  every  prior 
Purchafer,  or  Mortgagee,  of  any  Lands  or  Tenements,  Goods  or  Chattels,  which 
fhall  not,  before  the  Firft  Day  of  January,  1 7 1 6,  regifter  his  Title  or  Mortgage  as 
aforefaid,  if  after  that  Time  a  fecond  Deed  of  Sale,  Conveyance,  or  Mortgage,  be 
regiftred  before  the  Prior,  fuch  Perfon  fo  neglefting  fhall  take  no  Advantage  or 
Benefit  of  fuch  Purchafe  or  Mortgage  already  figned  and  fcaled. 

..XV;-  -  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Regifter 
aforefaid  of  every  Precinft,  when  there  is  no  Clerk  of  the  Church  in  that  Frecinct, 
ftiall  regifter  all  Births,  Marriages,  and  Burials,  v.'ithin  the  Precintl  whereof  he  is 
Regifter  •,  and  that  every  Mafter  or  Miftrefs  of  a  Family  who  fhall  negleft  to  regifter 
the  Birth  or  Death  of  any  Perfon  born  or  dying  within  his  or  her  Floufe  or  Planta- 
tion, and  every  married  Man  who  fnali  negledl  to  remit  to  the  faid  Regifter  a  Cer- 
tificate of  his  Marriage,  and  caufe  the  fame  to  be  regiftred,  ,for  longer  than  one 
Month  -,  each  Mafter  or  Miftrefs,  or  married  Man,  fo  neglefting,  fliail  forfeit  and 
pay  to  the  faid  Regifter  One  Shilling  per  Month,  for  every  Month  io  negledtd ; 
provided  the  Whole  do  not  exceed  Twenty  Shillings. 

XVI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Penalties 
and  Forfeitures  in  this  A(5l  mentioned,  fhall  be  recovered,  by  Bill,  Pialnt,  or  Infor- 
mation, in  any  Court  of  Record  in  this  Government ;  wherein  no  Injundion,  Prc- 
teftion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of, 

C  H  A  P. 


L^//^5o/    North-Carolina.  ii 


CHAP.       '^^.     An  A:l^  concerning  TVeights  and  Meafures,  ^-  D.  17 15 

Repeal'd 
Apiil  4, 
Chap,  jy. 


Repeal'd  by  At\, 

40.     Staple  Commodities  Rated.     O  B  S.  Ap'ii  4.   i-4'> 


41.  An  A^^  to  a/certain  the  1'ime  for  Payment  of  Pork,  Upbeat,  and 

Indian  Corn.     O  B  S. 

42.  An  AJy  to  afcertain  the  Guage  of  Barrels,  a7d  to  prevent  Frauds    ^^^^/^  [hTinl 

in  Pork,  Beef,  Pitch,  and  Tar.  fpcaion  Att. 

43.  ^«  ^/^,  /fl  appoint  the  Marking  of  Hcrfes,  Cattle,  and  HogS;    ^^,'^fll''^i^^,\ 

and  to  prevent  Injuries  being  done  hy  killing,  mifnarking,  driv-    chap.  8. 
in-^  aivay  or  defiroying  Peoples  Stocks. 

CHAP.     XLIV. 

An  A5f,  to  appoint  Toll-Bcoks  to  he  kept  at  or  near  Catharine'j  Creek,  in  Chowan  Pre-  ]Z^^hh°^\. 

cin^,  at  the  Head  of  Perqnimons  Prmwr/,  and  at  the  Mouth  (7//^^  North-weft  N./iyee,  ' 

Riier,  in  Currituck  Precinct  -,  and  to  prevent  Perfons  from  tranjporting  or  driving  ^''^P'  '*" 
horfes.  Cattle,  or  Hogs,  to  other  Perfons  Lends. 

I.  ^TTHEREAS  divers  Perfons,  Inhabitants  of  Virginia,  frequently  coming 
Y  Y  into  this  Government  to  purchafe  Cattle  or  Hogs,  it  may  be  greatly  fear- 
ed they  may  drive  away  Cattle  or  Hogs  which  they  have  not  purchaied ;  and  where- 
as divers  l-erfons,  as  well  Inhabitants  of  this  Government  as  of  Virginia,  do  very 
often  drive,  lead,  or  carry  Horles,  Cattle,  or  Hog?,  to  other  Perfons  Lands,  where 
they  fuppofe  is  better  Herbage  or  Maft  than  on  that  Vvfliercon  they  are  Dwellers  : 
For  Prevention  whereof-, 

II.     B  E  it  Ena^ed  by  his  Excellency  the  Palatine,  and  the  Refi  of  the  true  and  ahfo- 
lute  Lords  Pro'Aietors  of  the  Province  of  Carolina,  by  and  tvith  the  Advice  and  Confent 
of  the  reft  of  the  Members  of  the  General  AJfembly,    now  met  at  Little  River,  for  the 
North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  hy  the  Authority  of 
the  fame.  That   there   ihall   be,  at  Catharine^  Creek,  in   Chowan  Precind,  at  the    teX'^t" 
Head  of  Perquii-nons  River,  and  at  the  Mouth  of  the  North  iVeft  River,  in  Currituck 
Precinft,  Perfons  appointed  by  the  Governor  or  Commander  in  Chief  for  the  Time 
being,    to  keep  Toii-Books ;    and  all  Perfons,    whether  Drivers,    Purchafers,    or 
Owners  of  Cattle  or  Hogs,    fliall  be  obliged  to  enter  in  the  Toll-Book  every  Bead 
or  Hog,    with  their  Mark  and  Diilinction,    and  of  whom  purchafed  :     And  that    a!!  Cattie,  &c. 
what  Perfon  foever  iliall  drive  Cattle  or  Hogs  to  Viiginia,  and  fliall  negleft  to  enter    Penaity'of  luch 
the  fime  in  the  refpeclive  Toll-Books,    according  to  this  Aft,    fliall  forfeit  every    Cattie,  &c.  01 
fuch  Beaft  or  Hog  which  fhali  be  fo  omitted  as  aforefaid  ;  and  if  fuch  Bead  or  Hog    ^°f" 
be  not  to  be  had,  the  Perfon  fo  omitting,  (hall  forfeit  and   pay  the  Sum  of  P\;rry 
Shillings ;  to  be  recovered  by  a  Warrant  from  the  next  Juftice  of  the  Peace. 

III.     A  N  D  be  it  further  Enacted,'   That  every  Purchafer,  Owner  or  Driver,  of   ^J'^^"*'''";" ""^ 
Cattle  and  Flogs,    fhall  pay  unto  the  Perfon  fo  appointed  to  keep  the  faid  Toll-    eveiy*HL.s,' 1 0. 
Book  Twopence  for  every  Beaft,  and  One  Penny  for  every  Hog,  which  fhall  be  fo 
driven  and  entered  in  the  faid  Toll-Book. 


Toll -Books 


IV.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  if  any  Perfon  ^'f>    Pfrfm 

or  Perfons  v/Hatfoever,  either  inhabiting  in  Virginia  or  this  Government,  fliall,  after  j,"?^  on"*"'',), 

the  Ratification  of  this  Act,  prefume  to  drive,  lead,  tranfport,  or  carry  any  Cattle,  Pe^pi'^s    l  nc 

Horfes,  or  Hogs,  to  range  upon  any  Perfons  Land,  fiiall  forfeit  and  pay  the  Sum  pWe^Liba'ty " . 

of  1  en  Pounds:     And  that  no  Perfon  or  Perfons  whatlbever,    inhabiting  in  this  Penalty «» jo  1 

B  z  Government, 


12 


L  A  JV  S    of    North -Carolina. 


^.  t).  1715.  Government,  fhall  give  Leave  to  any  other  Perfon  or  Perfons,  either  Inhabitant  of 
Foreigner,  to  turn  loofe,  drive,  or  put  on  his  Land,  any  Plorles,  Cattle,  or  Hogs, 
under  the  like  Penalty  of  Ten  Pounds. 


No  Perfun  to 
bring  Stock  into 
this  I'rovince  to 
Winter,  an  Pe- 
nalty of   to  I. 


None  to  be  deem- 
ed Inhabitants 
who  do  not  re- 
fide  on  their 
Lands,  or  keep 
them  tenanted. 


Ranger,   &c.    to 
make  P'.fttcfs. 


Penalties  how  to 
be  difpofed,  and 
how  recovered. 


V.  AND  be  it  further  Enacted^  by  the  Authority  nf or cfaid^  That  no  Foreigner 
whatfoever,  either  by  Confent  or  PermifTion  of  any  other  Perfon  or  Perfons  inhabit- 
ing in  this  Government,  or  otherwife,  fhall  prefume  or  offer  to  drive,  lead,  or  bring 
into  this  Government,  any  Stocks  of  Cattle,  Hogs,  or  Horfes,  with  Intention  to 
winter  them  here,  or  to  deftroy  the  Herbage  or  Mall,  under  the  Penalty  of  Twenty 
Pounds :  And  it  is  hereby  meant  and  intended,  and  fo  Ihall  be  underflcod  and 
taken,  that  no  Perfon  fhall  be  deemed  an  Inhabitant  that  holds  Lands  by  Entry, 
Survey,  or  Patent,  but  fuch  as  aftually  and  conftantly  refide  on  fuch  Lands,  or 
keep'  the  fame  always  tenanted,  cultivated,  and  improved. 

VI.  /}  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Ranger 
of  each  Prec'rnft  or  Divifion  where  fuch  Ofience  fhall  be  committed,  or  on  his  De- 
fault, the  Keeper  of  the  Toll-Book,  is  hereby  appointed  to  make  Diftrefs  of  fuch 
Cattle,  Hogs,  or  Horfes,  of  any  Perfon  or  Perfons  offending ;  the  one  Flalf  of 
which  Fine  or  Forfeitirre  fliall  be  to  the  Ranger,  or  Keeper  of  the  Toll-Book, 
whichfoever  fhall  make  the  Diftrefs,  and  the  other  Half  to  the  Churchwardens  and 
Veftry,  for  the  Ufe  of  the  Farilh  where  the  Offence  fhall  be  committed. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Fines 
and  Forfeitures  in  this  Aft  mentioned,  and  not  herein  or  hereby  exprtfsly  and  parti- 
cularly mentioned  to  whom  they  fhall  be  paid,  and  how  to  be  recovered,  fhall  be, 
one  Half  to  the  Churchwardens  and  Veftry,  for  the  Ufe  of  the  Parifli  where  the  Of- 
fence fhall  be  committed,  and  the  other  Half  to  him  or  them  that  fhall  fue  for  the 
fame,  in  any  Court  of  Record  in  this  Government,  by  Bill,  Plaint,  or  Information  : 
wherein  no  Lffoin,  Protedlion,  Wager  of  Law,  or  Injunclion,  flaall  be  allowed  or 
admitted  of. 


CHAP.     XLV. 

What  Fences  are  fuffcient. 


Fences  how  to  be 
made. 


Perfons  not  hav- 
ing lawful  Fences 
doing  Mifchief  to 
Hurlcs,  to  make 
good  the  fame. 

How  to  be  reco- 
vered. 


Trefp.ifs     where 
the  Fence  is  fuf- 


E  it  Enacted  by  his  Excellency  the  Palatine,  and  the  Reft  of  the  true  and  abfolute 
H^  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  Reft  of  the  Members  of  the  General  AJfembly,  now  met  at  Little  River, 
for  the  North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted  by  the  Authority 
c^  the  fame.  That  every  Planter  fhall  make  a  fufficient  Fence  about  his  cleared 
Ground,  Five  Feet  high,  and  the  End  of  every  Rail  not  to  be  above  four  Inches 
afunder,  until  the  Fence  be  Three  Feet  high  from  the  Ground  ;  which  if  any  Perfon 
be  deficient  in,  whatfoever  Trefpafs  or  Damage  fuch  Perfon  fhall  fuftain,  by  Horfes, 
Hocrs,  or  Cattle,  the  Owner  of  fuch  Horfes,  Hogs,  or  Cattle,  fhall  not  be  liable 
to  any  Aftion  of  Trefpafs,  or  to  make  Satisfaction  for  fuch  Injury. 

II.  AND  be  it  further  Enacted,  That  if  any  Perfon,  whofe  Fence  is  infuITicient, 
fhall,  with  Guns,  Dogs,  or  otherwife,  unreafonably  chafe,  worry,  maim,  or  kill, 
any  Cattle,  Hogs,  or  Horfes,  or  caufe  the  fame  to  be  done,  fuch  Perfon  fo  offend- 
ing fhall  make  full  Satisfaction  for  fuch  Damages  or  Injury,  to  the  Owner  of  fuch 
Florfcs,  Hoo-s,  or  Cattle,  as  he  fliall  thereby  fuftain ;  to  be  recovered,  by  Aftion 
of  Debt,  iiT  the  Court  of  the  Precincl  wherein  fuch  Injury  fhall  be  committed, 
wherein  the  Teftimony  of  one  Witnefs  fliall  be  fufficient  Proof  -,  provided  the  Da- 
mages do  amount  to  above  the  Value  of  Forty  Shillings ;  but  in  Cafe  the  Damages 
be  lefs  than  Forty  Shillings,  then  the  fame  fliall  be  triable  and  determinable  by  and 
before  Juftices  of  the  Peace  only,  as  by  the  Aft,  intituled,  *  An  Act,  for  the  Tryal 
of  fmall  and  mean  Canfcs,  is  directed  :  But  in  Cafe  any  Horfe,  Hogs,  or  Cattle,  fhall 

trefpafs 


*  This  ASi  repeal'd,  but  the  Subftaiice  provided  for  by  Acl,  Dec.  1770,  Chap.  43. 


LAWS    of    North-Carolina. 


U 


trefpafs  vipon  any  Perfons  Land  whofe  Fence  (hall  be  fufficient,  according  to  the  -^^  D.  i-jic 
Directions  of  this  Act,  which  fhail  be  determined  by  any  Two  llifficient  Freehol- 
tiers  of  the  Neighbourhood,  indifferently  chofen,  and  fworn  before  fome  Mapi- 
ftrate ;  then  the  Owner  of  fuch  Horfes,  Hogs,  or  Cattle,  fhall  make  full  Satisfac- 
tion for  the  Trefpafs,  to  the  Party  injured ;  to  be  recovered  in  fuch  Manner  as  is 
herein  before  by  this  Act  direfted. 


fici.nt,  to  b'i 
made  good  by  tha 
Owner  <  f  the 
Huile,    iiC. 


III.  AN  B  be  it  further  Enatled^  hy  the  Authority  afcrefaid.  That  every  Perfon 
whofe  Horfe,  Mare,  or  Gelding,  fhall  break  into  any  inclofed  Grounds,  fenced  ac- 
cording to  the  Dire6tions  of  this  Aft,  fuch  Perfon  or  Perfons  lliall  be  bound  to 
keep  up  fuch  unruly  Horfe,  Mare,  or  Gelding,  from  the  Tenth  Day  of  March^ 
until  the  Tenth  Day  of  November^  Yearly  i  under  the  Penalty  of  paying  double 
Damages,  with  Colls,  to  the  Party  injured,  for  the  Second  Offence  or  Trefpafs ; 
and  for  the  Third  Offence,  treble  Damages  ;  to  be  recovered  as  aforefaid. 


Unruly  Iloifes, 
&c.  breakinu;  in 
to  t'cnccdGrtund, 
to  be  krpt  up 
from  March  jo, 
to  Nov,  10. 


CHAP.     XLVI. 

An  Act^  concerning  Servants  and  Slaves, 


Rep^al'd  hy  Al^, 
April  4.  1741, 
Clup.  14. 


CHAP.     XLVII. 

Private  Burials  prohibited. 
I.  T3  E  it  Enabled  hy  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
JI3  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Con- 
fent  of  this  prcfent  General  AJJembly,  notv  met  at  Little  River,  for  the  North-Eaft 
Pari  of  the  faid  Province,  and  by  the  Authority  of  the  fame,  it  is  hereby  Ena^ed, 
That  every  Planter,  Owner,  Attorney,  or  Overfeer,  of  every  fettled  Plantation  in 
this  Government,  or  that  hereafter  lliall  be  fettled,  ftiall  let  apart  a  burial  Place, 
and  fence  the  iame,  for  the  interring  of  all  fuchChriftian  Perfons,  whether  bond  or 
free,  that  fhall  die  on  their  Plantation  j  and  that  before  the  interring,  there  ihall  be 
called  at  leaft  Three  or  Four  of  tiie  Neighbours  to  view  the  Corps :  And  if  it  ap- 
pears to  them  that  the  Perfon  came  to  his  or  her  Death  by  any  Violence  or  unlawful 
Means,  Notice  thereof  fhall  be  given  forthv/irh  to  the  Coroner  of  the  Precinft,  io 
that  Proceedings  may  be  had  thereon  according  to  Law :  And  in  Cafe  any  of  the 
Perfons  fb  called  fhall  refufe  to  come  and  view,  he  or  fhc  fo  refufing,  fhall  forfeit 
and  pay  the  Sum  ot  Five  Shillings ;  to  be  levied  by  a  Warrant  from  the  next  J  uftice 
of  the  Peace,  and  paid  to  the  Churchv/ardens,  for  the  Ufe  of  the  Poor  of  the  laid 
Parifh. 

II.  AND  be  it  further  Enacled,  hy  the  Authority  aforefaid.  That  if  any  Perfon 
fo  dying,  fnall  be  buried  contrary  to  the  true  Intent  and  meaning  of  this  Aft,  the 
Perfon  or  Perfons  occafioning  tlie  fame,  fhall  forfeit  and  pay  the  Sum  of  Ten 
Pounds  •,  one  Third  to  the  Informer,  one  Third  to  the  Lords  Proprietors,  and  the 
other  Third  to  the  Poor ;  to  be  recovered  by  Bill,  Plaint,  or  Information,  in  the 
General  Court  of  this  Government ;  wherein  no  Eflbin,  Proteftion,  or  Waoer  of 
Law,  fhall  be  allowed  ;  unlels  fuch  Perfons,  in  their  Lifetime,  fignified  their  Deff re 
of  being  interred  elfewhere  ;  or  uniefs  the  I'erfon  concerned  in  fuch  Burial  can  make 
it  appear  that  fo  many  of  the  Neighbourhood  refufed  to  come,  on  Notice  given  to 
tbem,^  to  appear  and  view  the  Corps,  or  that  lie  could  not,  without  great  Travel 
and  Expence,  or  Damage  to  the  Corps,  keep  it  any  longer. 


Burial   Places    to 
be  let  apart. 


PerTons   how    to 

b'i  buried. 
On    Sufpic'on  of 
Violence,  Coro- 
ner to  be  inform- 
ed. 

Pcif.ms  re''iifing 
to  ccme  &  view, 
to  forfeit  5  b. 


Perfons  burying 
contrary  to  this 
Aft,  to  forfeit 
10  I.  unlels  the 
Dcceafed  defir'd 
to  be  burifd  elfe- 
wh^rc,  &c. 


CHAP.     XLVIII. 

An  ATI  concerning  proving  Wills,  and  granting  Letters  of  Adniin/f  ration ;  and  to  prevent 

Erauds  in  the  Majiagement  of  Intejtates  Eftates. 
I-  "O  ^  ii  EnaU.cd  by  his  Excellency  the  Palatine,   and  the  reft  of  the  true  and  abfo- 
X3  ^'■'i^  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Conjcut  of  the  Reft  of  ihe  Alembcrs  of  the  General  Affcmbly,    now  met  at  Little  River, 

for 


See  AONnv.?.;;, 
171",,  C^:lp  10. 
Nlv  1766,01  3. 


14. 


LAWS      of     N  O  R  T  H  -   C  A  R  O  L  I  N  A. 


J.  D.  1715.  for  the  North  Eaft  Part  of  the  f aid  rrovince,  f.nd  it  is  herely  Enacted  by  the  Autho- 
rity of  the  fame.  That  all  Wills  and  Adaunillrations  heretofore  proved  and  granted 
by  the  Council,  General  Court,  Precind  Court,  or  by  any  Powers  or  CommilTions 
heretofore  granted  by  any  Governor,  Deputy  Governor,  Prefident  and  Council,  to 
any  particular  Perfon  or  Perfons,  fliall  be  deemed,  adjudged,  and  taken  to  be 
good  and  efFeftual,  to  all  Intents  and  Purpofes  whatfoever,  as  if  proved  before,  or 
granted  by,  any  Ordinary  or  other  Eccleliaftical  Judge  or  Perfon. 


Wills,©'.:  here- 
tofore pr.'vcd  lie- 
lore  thr  G.)ver. 
nor,  &c.  declar- 
ed good. 


How  Wills,  (^c. 
may  be  proved. 


II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fhall  and  may 
be  lawful  for  the  Governor  or  Commander  in  Chief  for  the  Time  being,  the  Ge- 
neral Court,  or  Precind  Court,  to  have  Wills  proved  before  themi,  and  to  grant 
Orders  for  Adminiftration, 


Letters      Tefta- 
lT,entary,     dSc. 
how  granted. 


No  Per(on  to  ai- 
minifter  till  Let- 
ters granted  by 
the  Governor,  on 
Penalty  of  50  1, 


III.  PRO  VID E D  always.  That  the  fame  be  not  repugnant  to  the  Rules  and 
Methods  prefcnbed  by  this  Ad ;  arid  provided  alio,  that  the  granting  Letters  Tel^ 
tamentary,  or  L^^tters  of  Adminiitration,  always  excepted  ;  which  fliall  be  always, 
from  and  after  the  Ratification  of  this  A6t,  figned  by  the  Governor  or  Commander 
in  Chief  for  the  Time  being,  and  fealed  with  the  Colony  Seal,  and  only  ifluing  out 
of  the  Secretary's  Office,  and  counter-figned  by  the  Secretary,  or  his  Deputy. 

IV.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon  do 
prefume  to  enter  upon  the  Adminiltration  of  any  deceafed  Perfon's  Eft;  te,  until 
they  have  obtained  fuch  Commiffion  of  Adminiftration,  or  Letters  Teftamentary, 
figned  by  the  Governor,  under  the  Penalty  of  Fifty  Pounds ;  One  Half  to  the  In- 
former, and  the  other  Half  to  the  Governor  or  Commander  in  Chief  lor  the  Time 
being :  To  be  recovered  by  Bill,  Plaint,  or  Information,  in  the  General  Court  of 
this  Province ;  wherein  no  Eftbin,  Proteclion,  or  Wager  of  Lav/,  fliall  be  allowed 
or  admitted  of. 


S^'crctary  not  to 
jlTje  LettersTef- 
tamentary,    till 
Executors   are 
fworn  ;     nor    of 
Adminiftration, 
till    Adminifira 
tors     take      the 
Oath,    and   give 
Bjnd. 


Condition  of  the 
Sond, 


V.  ANB  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Secretary 
or  his  Deputy,  fliall  not  affix  the  Colony  Seal,  or  fub-fign  any  Letters  Teilamentary, 
without  taking  the  Executor's  Oath  for  performing  the  Will  of  the  Decealed,  unlefs 
Certificate  is  made  by  a  Juftice  of  the  Peace,  that  the  fame  Oath  is  taken  before 
him  ;  or  Letters  of  Adminiftration,  without  the  Adminiftrator  has  taken  the  Oath 
of  an  Adminiftrator,  and  has  alfo  given  fufficient  Bonds,  with  two  or  miore  able 
Sureties,  taken  eithef  before  the  Secretary,  or  the  Juftices  of  the  Precind  Courr, 
and  returned  into  the  Secretary's  Office  (Refped  being  had  to  the  Value  of  the 
Eftate)  in  the  Name  of  the  Governor  or  Commander  in  Chief  for  the  Time  being, 
with  the  Condition  in  Form  and  Manner  following,  mutatis  mutandis,  'viz. 

TH  E  Condition  of  this  Obligation  is  fuch.  That  if  the  above  bounden  /.  B. 
Adminiftrator  of  all  and  Angular  the  Goods  and  Chattels,  Rights  and  Credits, 
of  C.  D.  deceafed,  do  make,  or  caufe  to  be  rhade,  a  true  and  perfcd  Inventory  of 
all  and  Angular  the  Goods  and  Chattels,  Rights  and  Credits,  of  the  faid  Deceafed, 
which  have,  or  fliall  come  to  the  Hands,  Pofleffion,  or  Knowledge  of  him  the  faid 
A.  B.  or  into  the  Hands  and  Pofll^ffion  of  any  other  Perfcn  or  Perfons  for  him,  and 
the  fame  fo  made  do  exhibit,  or  caufe  to  be  exhibited,  into  the  Secretary's  Office, 
and  one  atteftcd  Copy  thereof  to  the  Frecind  Court  v/here  Orders  for  Adminiltration 
pafled,  within  Ninety  Days  after  the  Date  of  thcfe  Prefents ;  and  the  fame  Goods, 
Chattels,  and  Credits,  and  all  other  the  Goods,  Chattels,  and  Crcdks,  of  the  faid 
Deceafed,  at  the  Time  of  his  Death,  or  which  at  any  Time  after,  fiiali  come  to  the 
Hands  or  PoiTeffion  of  the  faid  J.  B.  or  into  the  Hands  or  Pofltffion  of  any  other 
Perfon  or  Perfons  for  him,  do  well  and  truly  adminifter  according  to  Law,  and 
further,  do  make,  or  caufe  to  be  made,  a  true  and  juft  Account  of  his  laid  Admi- 
niftratian,  within  one  Year  after  the  Date  of  thefe  Prefents,  and  all  the  Reft  and 
Refidue  of  the  faid  Goods,  Chattels,  and  Credits,  which  ffiall  be  found  remaining 
lapon  the  faid  Adminiftrator's  Account,  the  fame  being  Hrft  examined  and  alloved 
of  by  the  Governor  and  Council,  General  Court,  or  Precind  Court,  fliall  deliver 

and 


L  A  W  S    0/    North-Carolina, 


^S 


"and  pay  unto  fuch  Perfon  or  PerBns, .  refpedively,  as  the  fame  fhall  be  due  unto,  4-  ^^  '"^5; 
■purfuant  to  the  true  Intent  and  Meaning  of  this  Aft ;  and  if  it  fhall  appear  that 
any  laft  Will  and  Teftament  was  made  by  the  Deceaied,  and,  by  the  Executor  or 
Executors  therein  named,  do  exhibit  the  lame  into  Court,  making  Requeft  to  have 
it  allowed  and  approved  accordingly,  if  the  faid  /f.  B.  above  bound,  being  there- 
unto required,  do  render  and  deli-vcr  the  laid  Letters  of  Adminiftration  (Approba- 
tion oi'  fuch  Teftament  being  firft  had  and  made)  in  the  faid  Court ;  then  this 
Obligation  to  be  void,  and  of  none  EffeS :  Or  elfe  to  remain  in  full  Force  and 
Virtue. 


WhicK  Bonds  are  hereby  enafied  and  declared  to  be  good,  to  all  Intents  and  Pur-    Bonn  to  !.e  ^r- 
pofes,  and  pleadable  in  any  Court  of  Juflice-,  and  fhall  be  transferred  or  afligned,    i>l"ty  \Jii['4^^^ 
by  the  Governor  or  Commander  in  Chief  for  the  Time  being,    to  any  Perfon  or 
Perfons  injured,  who  fliall  and  may  maintain  an  A6lion  thereon,* 


VII.  A N D  he  it  further  Enc^ed,  hy  the  Authority  aforefaid^  That  no  Executor 
or  Adminillrator  fhall,  hereafter,  take,  or  hold  himlelf  (according  to  the  Value  of 
the  Appraifment)  more  of  the  Deceafed's  Eftate,  than  amoiimts  to  his  neceliary 
Charges  and  Difburfements,  and  fuch  Debts  as  he  fhall  legally  pay  within  Twelve, 
Months  after  Adminiftration  granted ;  but  that  all  fuch  Eftate  lb  remaining  fliall, 
immediately  after  the  Expiration  of  Tv/elve  Months,  be  equally  and  indifferently 
divided  and  paid  to  fuch  I'erfons  to  whom  the  fame  is  due  by  this  Act,  or  the  Will 
of  the  Deceated,  fuch  Perfon  or  Perfons,  or  fome  other  for  them,  giving  good  Se- 
curity, that  if  any  Debt  or  Debts  truly  owing  by  the  Deceafcd,  fliall  be  afterwarv.:S 
fued  for  and  recovered,  or  otherwife  duly  made  appear,  that  then,  and  in  every 
fuch  Cafe,  he  or  they  fliall  refpedively  refund  and  pay  back  to  the  Execiitor,  or 
Adrriiriiftrator,  his  or  her  ratable  Part  of  that  Debt  or  Debts,  with  the  Charges  of 
the  Executor  or  Adminiftrator,  by  Reafon  of  fuch  Debt  or  Debts,  out  of  the  Part 
or  Share  lb'  as  aforefaid  alotted  to  him  or  her,  thereby  to  enable  the  faid  Executor, 
or  Adminiftrator,  to  pay  and  fatisfy  the  faid  Debt  or  Debts,  fo  difcovered  after 
Diftribution  made  as  aforefaid. 


'E::cr'jtnrs  nr  A<!- 
n>inirtrators,  not 
to  h  Irf  mnrc  of 
any  El}j!e  than 
the  ChargCb,  &c. 

Eftste  to  lie  dU 
v(Ui)  in  Tweiire 
Months. 

S<Turity  to  hf  pi- 
vin,  to  ri-f'-.ind  in 
Cileof  D.bts. 


VIII.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  where  any 
Perfon  fhall  die  Inteftate,  Adminiftration  fliall  be  granted  to  the  next  of  Kin  to  the 
Deceafed,  provided  fuch  Perfon  make  Claim  for  the  fame^  in  the  Secretary's  Office, 
or  Precinft  Court,  before  the  next  General  Court  following  the  Death  of  the  In- 
teftate, before  which  Time  Adminiftration  fhall  not  be  granted  to  any  Perfon  •,  and 
for  "Vy ant  of  fuch,  to  the  greateft  Creditor,  proving  his  Debt,  upon  Oath,  before 
the  Governor  or  Commander  in  Chief  for  the  Time  being,  the  General,  or  Precincfl 
Court:  And  in  Cafe  any  pretending  a  Right  to  Adminiftration  ihall,  before  the 
next  General  Court  following  the  Death  of  fuch  Inteftate,  enter  a  Caveat,  in  the 
Secretary's  OfHce,  againft  any  other  Ferfon's  having  Adminiftration,  the  Secretary, 
or  his  Deputy,  fliall  forbear  to  feal  or  counter-fign  any  Letters  of  Adminiftration, 
till  the  Cafe  in  Controverfy  fliall  be  heard  and  determined  by  the  Governour  or 
Commander  in  Chief,  and  Council,  for  the  Time  being. 

IX.  AND  he  it  furtlxr  Enafred^  hy  the  Authority  aforefaid.^  That  Creditors  of 
any  Perfon  deceafed,  fliall  make  their  Claim  within  {cwtn  Years  after  the  Death  of 
fuch  Debtor  •,  otherwife  fuch  Creditor  fliall  be  for  ever  barred  :  And  if  it  fhall 
happen  that  any  Sum  or  Sums  of  Money  fliall  hereafter  remain  in  the  Hands  of  any 
Adminiftrator,  after  the  Term  of  Seven  Years  fliall  be  expired,  and  not  recovered 
by  any  of  Kin  to  the  Deceafed,  or  by  any  Creditor  in  that  Time-,  the  fame  fliall  be 
paid  to  the  Churchwardens  and  Veftry,-  to  and  for  the  Ufe  of  the  Parifli  where  the 
faid  Money  fhall  remain. 

CHAR 


^<5tti'nifir3tion 
t"  wiiom  grant 
cd. 


Hfffons  pretfnH... 
ing  n  R  ght  to 
AHmjniftr.m.n, 
and  enttring  a 
Caveat  in  th  Se  ■ 
crttary's  Offici?, 
Adminiftration 
not  to  be  grar.tjS 
till  the  Ca^'  is 
det'-rniiend  be- 
fore the  G.  V'-r- 
no!  and  Council, 


Creditors  tcmafce 
their  C!ain:i  in  7 
Years,    or    be 
barred. 

Money  It  ft  after 
7  V(jrs,  to  ijrf- 
to  the  I'diifti. 


•  The  Vlth  Claufe  of  this  Aa  repealed,  and  provid:d  for,  by  Aft  pafied  Nov.  1766.  Chap.  30 


<j5  L    A   W  S      of     N  OR  T  n~C  ARO  L  in  A. 


^,Z).  1715.  CHAP.    XLIX. 

fthcrw.kp'ovid-  ^«  ^cty  Concerning  Orphans. 

td  for  by  the  Or- 
phan Ail,  pafTcd 

chlp"'s-   '^*'''  50-     ^"  ^^''  ^^  encourage  the  dejlroying  of  Vermim^     E  X  P. 

51.     ^«  y^f ^  to  ascertain  "what  Perfcns  are  Tithabks  ;  and  to  direct  th^ 
/p^n  t,  ^^43>  Method  to  be  cbferved  in  the  taking  the  Lifts  of  tkem. 

Chap,  a, 


Pieamble, 


CHAP.     LIL 

An  Acl^  for  appointing  a  1! own  in  the  County  of  Bath,  and  for  fecuring  the  'Public  Li- 
brary belonging  to  St.  Thomas'j  Parifj,  in  Famplico. 

I.  ^  -jl  T  H  E  R  E  A  S,  at  the  Requeft  of  Mr.  John  Laivfon^  Mr.  Joel  Martin,  and 
YY  others,  a  certain  Tra6t  or  Parcel  of  Land,  purchafed  by  them,  lying  on 
the  Old-Town-Creek,  in  Pamplico,  2nd  containing,  by  Eftimation,  Sixty  Acres,  be 
the  fame  niore  or  lefs,  being  Part  of  a  larger  Trad  then  belonging  to  Lavid  Per- 
kins, but  now  in  the  Poflefllon,  and  of  Right  belonging,  to  Col.  Ihomas  Cary,  and 
divided  from  thence  by  a  Line  of  marked  Trees  from  the  Old-Town-Creek,  to 
Mr.  Barrow's  Line,  now  alfo  the  Right  and  PoflefTion  of  the  faid  Gary,  was  incor- 
porated and  made  a  Townlliip,  by  an  A61  of  the  General  AlTcnibly,  made  and  ra- 
tified, at  the  Houfe  of  Captain  John  Hecklefield,  the  Eighth  Day  of  March,  Anna 
Domini  One  Thoufand  Seven  Hundred  and  Five,  with  divers  Privileges  and  Immu- 
munities  therein,  and  thereby  invefted  in  the  faid  John  Laufcn,  Joel  Martin,  and 
Nicholas  Daw,  to  and  for  the  Ufes  therein  mentioned  :  To  promote  therefore  the 
Settlement  of  the  faii  Tovm,  and  for  fecuring  the  Public  Library  of  St.  Thoin^s's, 
Parifh,  in  Pamplico,  .a  _,. 

II.     BE  it  Enacted  by  his  Excellency  the  Palatine,    and  the  Refl  of  the  true  and 

abfohite  Lord  Proprietors  of  the  Province  of  Carolina,    hy  and  with  the  Advice  and 

Confent  of  the  Refl  of  the  Members  of  the  General  Affembly,    now  met  at  Little  River, 

for  the  North  Eaft  Part  of  the  faid  Province,    and  it  is  hereby  Enacted  by  the  Authority 

Linds  invefted  in   ^j  fhe  Jame,  That  the  faid  Land  be,  and  it  is  hereby  henceforward  invelled  in  Mr. 

wT'Namrof  John  Porter,  Mr.  Joel  Martin,  Mr.  Thomas  Harding,  and  C&r^i.  Join  Lrinhvater, 

Ltb-iovin.        ^^  any  Two  of  them,  to  and  for  the  Ufes   afortfUd,  and  Declared,  Confirmed, 

and  Incorporated  into  a  Townfliip,  by   the  Name  of  Bath-Town  ;  with  all  Pri- 

vileo-es  and  Immunities  hereafter  exprefi'ed,  for  ever. 

Ground  fet  .part  Hi.  PURSUANT  to  v/hich,  It  is  hereby  Enabled,  That  convenient  Places 
To^n^HJuf;.  and  Proportions  of  Land  be  laid  out  and  preferved,  for  a  Church,  a  Town-Houle, 
and  Marker  g^d  a  Markct-Placc  -,  and  that  the  reft  of  the  Land  which  is  not  already  kid  cut, 
*'''"*  be  forthwith  laid  out  into  Lots,  of  half  an  Acre  each,  with  convenient  Streets  and 

PafTages,  by  the  faid  Truftees,  or  any  Two  of  them. 

An  perfon  ma  IV.  AND  be  it  furthcr  Enactcd,  by  the  Authority  aforcfaid.  That  every  Perfon 
take  up'tTts!"^''  whatfoever,  who  is  defirous  to  be  an  Inhabitant  of  the  laid  Town,  fhall  have  Liber- 
ty to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforclaid,  and  noj  before  taken  up  ; 
which  Lot  or  Lots  the  Commiffioners  aforefaid,  or  any  Two  of  them,  are  hereby 
direfted,  required,  and  impowered,  to  grant,  convey,  and  acknowledge,  to  the 
Perfons  fo  taking  up  the  fame,  and  to  his  Heirs  and  Affigns,  for  ever,  in  Fee-Sim- 
ple, upon  Payment  of  Thirty  Shillings,  Confideration-Money,  for  each  Lot  ;■  out 
of  which  Money  the  firil  Purchafers  Ihall  b-  re-imburled  the  firft  Purchafe,  with 
their  reafonable  Charges  and  Dilburfements,  and  tiie  Overplus  fhail  be  appropriated 
to  the  Ufe  of  the  Church,  to  be  difpofed  of  as  by  the  Vcilry  oi  the  Precuicl:  of 
Beaufort,  Ihall,  from  Time  to  Time,  be  directed  and  appoin'.-cd. 

V.     P  P.  0. 


L    A    IV  S      of         N  O  K  T  H  -  C  A  R  O  L  I    N  A 


17 


V.  P  ROV  ID  ED  a^1va^is,  That  what  Perfon  foever,  fliull  take  up,  and  have 
conveyed  to  hi:r.,  any  Lot  or  Lots  as  al-'orc- mentioned,  and  Ihall  not  buiid,  or  caufe 
to  be  built  thereon,  within  Twelve  Months  after  the  Date  of  the  faid  Conveyance, 
a  o-ood,  ilibltantial,  habitable  Houfe,  or  make  fuch  Preparations  for  fodoino-  as  the 
Court  of  the  Precind,  by  Viev/  of  any  two  or  more  of  the  Jullices,  fhall  judge  rea- 
fonable  to  fecurc  the  lame,  every  fuch  Conveyance  fhali  be,  and  is  hereby  declared 
void  and  of  no  EtFecl,  as  if  the  fame  had  never  been  made  ;  and  the  faid  Lot  or 
Lots  ihall  be  free  and  clear  for  any  other  Perfon  to  take  up  and  purchafe. 

VL  AN D  be  it  further  Enacted,  by  the  Authority  afcrefaid^  That  from  and  after 
the  Firfl:  Day  of  y^/^rzY  next,  no  Perfon  or  Perlbns  v/hatfoever.  Inhabitant,  or  claim- 
ing any  Right  or  I'itle  to  any  Lots  in  the  faid  Town,  Ihall  keep,  raife,  or  permit 
or  fuller  to  run  at  large  in  the  laid  Town,  any  Hogs  or  Shoats,  under  the  Penalty 
of  forfeiting  the  faid  Hog  or  Shoat ;  one  half  to  the  Perfon  taking  up  fuch  Hog 
or  Slioat,  and  the  other  half  to  the  Poor  of  the  Pariih  :  And  that  no  Perfon,  Inha- 
bitant of  the  faid  Town,  or  holding  Lots  there,  fhall  inclofe  ihx  lame,  or  keep  the 
fame  incloled,  under  a  common  Stake  Fence  ;  but  every  Lot  or  Lots  inclofcd,  fhall 
bs.'  either  paled  in,  or  done  with  Foils  and  Rails. 


J.  D. 


1715. 


Ptrl'ons  takins; 
up  Lts  to  build 
a  Jloufe  Chtrc'un 
in  12  Muiiihs. 


No  Hogs  to  ran 
at  large,  on  Pe- 
nalty "f  Korfei- 
ture  to  the  Poor. 


Lnts  how   to  be 


VII.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  tJie  Commif- 
fioners  aforefaid,  or  any  two  of  them,  have  full  Power  and  Authority,  and  they 
are  hereby  impowered  and  required,  to  remove  all  Nufances  within  the  Limits  of 
the  aforefaid  Town. 


Comm'fn.  n"ts  tb 
rcmovtNul'ancci, 


VIII.  AND  becaufe  in  the  former  Survey  of  tlie  Lots  that  are  already  fur- 
veyed,  each  Lot  contains  Four  Pole  more  than  was  warranted  by  the  A61  of  AfTcm- 
biy  for  laj'ing  out  the  atorefaid  Land,  and  the  Truftees  for  granting  the  aforefaid  Lots 
having  figned  Sales  for  the  Lands  lying  before  tiie  Fronts  of  the  Lots,  contrary 
to  the  Authority  granted  them  •,  wherefore,  that  the  famiC  may  be  regulated,  and  a 
Plat  thereof  made,  fo  as  the  Streets  in  the  faid  Town  may  aniwer  with  the  Lots 
intended  to  be  laid  out  of  the  Land  belonging  to  Col.  Thomas  Cnr)\  adjoining 
thereto :  Be  it  Enatied,  Tiiat  a  Re-furvey  be  made  of  the  aforefaid  Town  Land, 
by  Order  of  the  Comm.illioners  afore-meniioned  •,  and  that' each  and  every  Perfon 
holding  Lands  or  Lots  in  the  Town  alorelaid,  fhall  have  no .  more  in  their  Lots 
than  jufl  half  an  Acre,  purfuant  to  the  (irft  Intention  and  Defign  of  fettling  the 
aforefaid  Town  ;  ftill  relerv.ng  to  the  Owners  or  PofTcflbrs  of  all  Lots  in  the  afore- 
faid Town,  the  Land  lying  belbre  the  Front  of  their  Lots,  upon  Payment  of  Ten 
Shillings  for  every  Front,  to  the  CommilFioners  in  this  Aft  appointed  •,  who  are 
hereby  authorifed  and  required,  to  grant,  leal,  and  deliver  Deeds  of  Sale  for  the 
fame. 


P.S  furvcy  to  be 
m.de. 


Owners  <f  Front 
L  ts  to  have  the 
Fronts,  tor  10  s. 


IX.  ERO  VI D  E  D  ahui-ays.  That  the  Principal  Streets  in  the  faid  Town  Jhall 
be  One  Hundred  Feet  wide  at  leaft ;  and  that  no  Perfon  fhall  build  or  ereft  any 
Edifice,  Houfe,  or  Building,  on  the  Lands  before  the  Fronts,  other  than  Cellars 
or  Vaults,  whofe  Covering  fliall  not  be  above  Ten  F^et  above  the  Ground,  that 
the  Profpecl  of  luch  as  build  in  the  faid  Town  may  not  be  incommoded  or  hin- 
dred. 


Principal  Strestt 
to  be  ten  FceC 
wide. 


X.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Church  for 
the  Parifh  of  St.  Thomas,  and  the  Court-houfe  for  the  Precinifl  of  Bcaufcrt  and 
Hyde,  fliall  be  built  in  the  faid  Town,  on  the  feveral  Proportions  or  Lots  of  Land 
laid  out  for  tliofe  Purpofes  ;  and  that  the  Provoft-Marfhal  of  the  County  of  Bath, 
and  the  Clerk  ol  the  Court  for  the  Precinft  of  Beaufort,  fliall  keep  their  refpec- 
tivc  Oifices  in  the  faid  Town  ;  under  the  Penalty  of  Five  Pounds  for  every  Month 
he  or  they  fhall  omit  or  negleft  fo  to  do  •,  one  half  to  the  Informer,  and  the  otlicr 
half  to  the  Juftices  of  the  laid  Court,  towards  the  finifliing  or  repairing  the  Court- 
houfe  :  To  be  recovered  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information  •,  wherein 
no  Protedion,  Injunction,  or  Wager  of  Law,  fliall  be  allowed  or  admitted  of. 

C  XI.  AND 


Church  &  Court 
H^.ufc  to  be  built 
in  the  Town. 


Prrvr.rt  Martial, 
■dTu)  CIcik  of"  the 
Court,  to 
th-it  Odic 
Town,  on 
of  5  1, 


!«<• 


i8 


^.  D.    1715. 

Juftices  to  lay  a 
T.ix,  not  exceed- 
in?  100 1,  for 
bailding  a  Cuiirt 
Houfi;, 


L  A  W  ^    of    North-Carolina. 


XL  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  Jufticcs  of  the 
Court  aforefaid,  fhall  have  full  Power  and  Authority  to  levy,  or  caule  to  be  le- 
vied, any  Sum  or  Sums  of  Money,  not  exceeding  One  Hundred  Pounds  in  the 
Whole,  upon  the  Inhabitants  or  Eftates  in  the  Precind  aforelaid,  for  and  towards 
the  ereftinf  and  building  the  Court-houfe  af  jre-mentioned  ;  which  the  faid  Juftices 
are  hereby  required  to  caufe  to  built  and  finiflied,  as  foon  as  the  Circumftances  of 
the  Inhabitants  will  admit  raifing  the  aiorefaid  Sum. 


Miifters  &c.  to 
be  in  Towa. 


XII.  A  N  D  as  a  further  Encouragement  to  the  Settlement  of  the  faid  Town, 
Be  it  Enacted^  by  the  Authority  aforefaid^  That  all  Muftcrs  for  the  Prccind  of 
Beaufort^  Eleftions  of  Burgefles,  and  all  Bufinefs  and  Affairs  of  the  like  Nature, 
Nvhich  properly  belongs  to  the  faid  Precinft,  fhall  be  had,  taken,  dore,  and  tranl- 
adted  within  the  faid  Town  of  Bath^  and  in  no  other  Place  or  Places  whadbever. 


T^iquon  cf  the 
Growth  of  Bdth 
>unty,  mjy  \>z 
•etailed  iiiTown. 
.Vithrut  Liceilfe, 
'01  10  Years. 


Owners  of  Lots 
to  clear  th.'m,  & 
keep  them  fu. 


Mwners  of  Lots 
not  rleanng  the 
fame,  to  p.iy  the 
Charge  thereof: 


To  be  adjutfRed 
by  2  Freeholders 
of  the  Town. 


Commlffiincr 
dying,    &c.   how 
to  be  le- placed. 


XIII.  ANT)  be  it  further  Enacfed,  by  the  Authority  aforefaid^  That  all  Liquors 
which  are  bona  fide  the  Growth,  Produce,  and  Manufa6lure  of  the  County  of  Bath^ 
fhall  and  may  be  retailed  in  Town,  for  the  Space  of  Ten  Years  next  after  the  Ra- 
tification of  this  Aft,  by  any  Freeholder  or  Inhabitant  of  the  faid  Town,  without 
any  Licenfe  or  other  Permit  for  fo  doing ;  fubjeft  neverthekfs  to  the  feveral  Penal- 
ties, Forfeitures,  and  Rellriftions,  as  by  the  Law  intituled,  Ordinary  Y^ee^ers  hovj 
to  fell,  are  made  and  provided. 

XIV.  AND  whereas  divers  Perfons  poffeffed  of  Lots  in  the  faid  Town  do 
neo-left  clearing  the  fame,  and  others  do  permit  fuch  as  have  been  cleared  to  grow 
up  with  Brufh  and  Under- Wood,  to  the  great  Annoyance  of  the  Inhabitants  of  the 
faid  Town  :  Be  it  Enatkd,  by  the  Authority  aforefaid.  That  all  Peribns,  PcfTcfibrs  or 
Owners  of  Lots  in  the  faid  Town,  fhall,  and  they  are  hereby  obliged,  within  One 
Month  after  the  Ratification  of  this  Aft,  to  clear  all  fuch  Lots  fo  held  or  pofTL-fTed 
by  them,  from  all  Manner  of  Wood,  Under- Wood,  Brufh,  or  Grubs,  that  are,  or 
may  be  offenfive  to  the  Inhabitants  of  the  faid  Town,  and  fliall  fo  keep  the  fame, 
from  Time  to  Time,  and  at  all  Times  hereafter,  as  often  as  Need  fliall  require  j 
under  the  feveral  i^enalties  and  Forfeitures  hereafter  in  this  Aft  provided. 

XV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  eveiy 
Proprietor,  Owner,  and  PolTeiTor,  of  any  Lot  or  Lots  in  the  faid  Town,  who  fliall 
omit  to  clear  the  fame  within  the  Time  before  limited,  fhall  be  liable  and  obliged 
to  pay  the  full  Value  of  the  Charge  of  clearing  the  faid  Lots,  to  the  Truflces  or 
CommiiTioners  aforefaid,  who  are  hereby  appointed,  authorifed,  and  impov/cred,  to 
caufe  all  fuch  Lots  to  be  cleared  as  fliall,  after  the  Time  before  limited,  lie  uncleared 
and  ncglefted ;  the  Value  of  which  Work  fhall  be  adjudged  by  two  Freeholders, 
Inhabitants  of  the  faid  Town  (being  firft  fworn  before  fome  Magiil;rate)  and  fhall 
be  fecoverable  in  any  Court  of  Record  within  this  Government,  or  before  Juflices 
of  the  Peace,  if  under  the  Sum  of  Forty  Shillings,  as  in  the  Aft  for  fmall  and  mean 
Caufes  is  provided,  by  Bill,  Plaint,  or  Information  ;  wherein  no  EfToin,  Prcteftion, 
Injunftion,  or  Wager  of  Law,  fliall  be  allowed  or  admitted  of 

XVI.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  in  Cafe  of  the 
Death,  or  Departure  out  of  the  Government,  of  any  of  the  aforefaid  CoirimiifTioners 
for  the  faid  Town,  at  any  Time  hereafter,  the  remaining  Part  of  the  laid  Com- 
miiTioners, together  with  the  Juftices  of  the  Court,  are  hereby  authorifed  and  im- 
powered  to  make  Choice  of  fome  other  Perlbn  or  Perfons  to  fucceed  fuch  Commif- 
fioner  fo  dying  or  departing  as  aforefaid  ;  which  Perfon  or  Perfons  fo  clefted  and 
cholen,  fliall,  and  they  are  hereby  inverted  with  as  full  Power  and  Authority,  to  all 
Intents  and  Purpofes  whatfoever,  as  the  prcfent  Commiffioners  now  in  this  Aft  no- 
minated and  appointed  j  that  fo  the  full  Number  of  CommJfTioners  may  be  always 
kept  up  and  full.  * 

XXXI.  AND 


.,.  Ti- 
the B 


:ie  14  remaining  Claufes  of  this  Law,  relating  to  the  Library  cf  Si.  Tl:o:nas\  Parif]!,    cbfclctc, 
jooIcs  are  mollly  fquandered,  and  no  Library-Keeper  appointed  for  many  Ycaii^ 


LAWS      of      N  O  X  T  H  -  G  A  R  O  L  I  N  A. 


'9 


XXXI.  AND  be  it  further  Enacted^  hy  the  Authority  aforefaid.  That  for  the  ^-  D.  1715. 
further  Encouragement  ot  the  Town  of  Bathy  and  all  other  Towns  now,  or  here-  V""^'''"^' — ' 
after  to  be  buiit  within  this  Government,  it  fliall  and  may  be  lawful  for  the  Free-  KcionTBurccfs' 
holders  of  the   aid  Town  of  Bath,    and  of  ail  other  Towns  now,  or  hereafter  to  be 

built  within  this  Government,  at  all  Times  hereafter  when  Reprcfentatives  or  Bur- 
gefles  are  to  be  chofen  for  the  Precin«5l  v/hcrein  the  Town  lies,  to  ele(5l  one  Burgefs 
to  reprefent  the  fame  in  all  fuccceding  AiTcmbiies. 

XXXII.  PRO  VI  ■'  E  D  ahivays.  That  this  Eledion  for  Members  of  AfTemblv    Provifc 
to  ferve  for  t!ie  Town  of  Bath,    or  any  other  Town  whatfoever,  llaall  not  begin  or 
commence  till  fuch  Tov/ri  fliall  have  at  leaft  Sixty  Families. 

XXXIII.  PROVIDED  aljh.  That  nothing  in  this  A61  contained,  fliall  be    Provifo. 
held  or  taken  to  limit  or  hinder  the  Inhabitants  oi  Newbern  from  fending  a  Repre- 
fentative  to  the  Aflembly,    being  hereby  allowed,    although  there   fhould  not  be 

Sixty  Families  inhabiting  in  the  faid  Town, 


CHAP.    53.     An  Act  concerning  Ordinary  Keepers  and  Tippling  Houfes.  ^^'f^  ^^  ^^\ 


54.     An  A:t  afcertaining  the  Currency  of  Dollars.     DBS. 


Chap.  20. 


^^.     An  Act  afcertaining  the  Damage  upon  prctefled  Bills  of  Exchange.  aT^  6,.  K-^i] 

Chap.  16. 

56.  Puhlick  Letters  hoiv  to  be  ccnveyed.     O  B  S. 

57.  An  Act  to  -hrevent  taking  Boats,  Canoes,  and  Pettiaguas,  from  Land-  ^•'P^i'JbyAft. 

"Wir  i>'./  April    4,     17^2 

tngs,  witvout  Leave.  chap,  13. 

_,  R'-peal'd  hy  A^, 

58.  An  Aof  to  af certain  Officers  Fees.  April  e,  ,749, 


Chjp.  a. 


CHAP.     LIX. 

An  Act,  for  refraining  the  Indians  from  nwlefiing  or  injuring  the  Inhabitants  of  this 
Government,  and  for  fecuring  to  the  Indians  the  PJght  and  Property  of  their  own 
Lands. 

TlirHEREAS  before  the  late  War^  daily  and  grievous  Complaints  of  Preambi:. 
y  y  the  Depredations  and  Infults  of  the  Indians  were  exhibited  againil  tliem, 
by  divers  Pcrfons  bordering  upon,  and  refiding  near  to  the  Habitations  of  the  faid 
Indiafis :  For  the  Prevention  of  the  like  Diforders  for  the  Time  to  come,  and  for 
the  cultivating  a  better  Underilanding  with  the  faid  Indians,  the  Want  of  which 
has  been  fo  injurious  to  the  Government ; 

II.     B  E  it  Enacted,  by  his  Excellency  tJ^e  Palatine,  and  the  refl  of  the  true  and 
abfoliite  Lords  Proprietors  0/ Carolina,  by  and  with  the  Advice  and  Confent  of  this  pre- 
fcnt  General  Afjembly,  now  met  at  Little  River,  for  the  North-Eall  Part  of  the  faid 
Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That  whoever  fliall    Indians    kHiing 
difcover  or  find  any  Indian  or  Indians  killing,  hunting,  or  in  Purfuit  of  any  HorJes,    l,'^"?'"  S^""'^'. 
Cattle,  or  Hogs,  the  Right  and  Property  whereof  is  in  any  white  Man,  inhabiting    nlflKa.        ^"' 
within  this  Government ;  every  fuch   Perfon  or  Perfons^  on  Dilcovery  or  Sight 
thereof,  may,  and  he  is  hereby  impowered,  to  apprehend  and  feize  every  fuch  In- 
dian or  Indians^  anJ  him  or  tli«m  lb  apprehended  and  taken,  to  convey  before  fome 

C  2  oire 


20 


L  ji  W  S    of    North-Carolina. 


J.  D.    1715. 


Right  to  appeal. 


Differences      be- 
tween  Indians 
and   wliite  Men, 
how  to  be  dettr- 
mined. 


No  I'erfon  to  buy 
Lands  of  Indians 
without  Confent 
of  Governor  and 
Council, 


White  Men   not 
(0  moltfilndians. 


Provided  for  by 
the  Aft  for  a  p. 
pointing  Tieafu- 
rcrs,  and  other 
Afls  in  Relation 
to  Taxes. 
Repeal'd  by  A£>, 
Nov.  23,  1725, 
Chap,  12. 


one  of  the  Commifiioners  to  be  appointed  for  Indian  Affairs,  and  for  Want  of  fuch 
before  the  next  Magiftrate  ;  which  faid  Commiffioner  or  Magiftrate,  together  with 
the  Ruler  or  Head  Man  of  the  Town  to  which  fueh  Indian  Dehnquent  may  be- 
lono-  is  and  are  hereby  impowered  to  punifh  every  fuch  Delinquent  in  fuch  Man- 
ner as  the  Nature  of  the  Offence  may  require,  and  to  award  Rellitution  to  the  Par- 
ty injured  for  all  Damages  by  him  fuftained  •,  faving  always  the  Right  of  Appeal 
to  the  Governor  and  Council,  if  either  Party  ffiall  think  themselves  aggrieved  cr 
wronged  thereby. 

III.  AND  be  it  further  Enafied,  hy  the  Authority  aforefaid,  That  if  any  Differ 
rence  iliall  for  the  future,  aril'e  between  any  white  Man  and  India?:,  concerning 
Trade  or  otherwife  howloever,  every  fuch  Difference  fliall  be  heard,  tried,  and 
determined  by  fuch  Commiffioners  as  the  Governor  or  Commander  in  Chiti  for  the 
Time  beino-  ffiall  appoint,  together  with  the  Ruler  or  Head  Man  of  the  Town  to 
which  the  Indian  belongs  ;  faving  only  the  Right  of  Appeal,  as  is  herein  before 
faved  and  excepted, 

IV.  AND  whereas  there  is  great  Reafon  to  believe^  that  Difputes  concerning 
Land  has  already  been  of  fatal  Conl^quence  to  the  Peace  and  Welfare  of  this  Co- 
lony •,  Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  white  Man  .ffiall, 
for  any  Confideration  whatfover,  purchafe  or  buy  any  Traft  or  Parcel  of  Land, 
claimed  or  a6tually  in  Poffeffion  of  any  Indian,  without  fpecial  Liberty  for  fo  do- 
ino-  from  the  Governor  and  Council  firft  had  and  obtained,  under  the  Penalty  of 
Twenty  Pounds  for  every  Hundred  Acres  of  Land  fo  bargained  for  and  purchafed ; 
one  Hall  to  the  Informer,  and  the  other  Half  to  him  or  them  that  ffiali  fue  for  the 
fame :  To  be  recovered  by  Bill,  Plaint,  or  Information,  in  any  Court  of  Record 
within  this  Government  •,  wherein  no  Effoin,  Protection,  Injundion,  or  Wager  of 
Law,  ffsall  be  allowed  or  admitted  of, 

v.  /i  ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  whatever  white 
Man  fhall  defraud  or  take  from  any  of  the  Indiana  his  Goods,  or  fhall  beat,  abufe, 
or  injure  his  Perfon,  each  and  every  Perfon  fo  offending,  fhall  make  full  Satisfac- 
tion to  the  Party  injured,  and  flaall  fuffer  fuch  other  Punifliment  as  he  fliould  or 
oucrht  to  have  done,  had  the  Offence  been  committed  to  an  Engliflman. 


CHAP.     60.     Public  Treaftirers  to  give  Account, 

61.  An  Act  for  a  "Town  on  Roanoke  Ifland,  for  the  Encouragement 

of  Trade  from  Foreign  Parts. 

62.  An  Act  for  raifmg  Corn,  to  fatisfy  the  Debt  due  from  this  Govern- 

ment  to  the  Honourable  Charles  Craven,  Efi;  Governor  of  South 
Carolina  ;  and  for  the  Subfiftance  of  fuch  Forces  as  fioall  be  raifed 
for  the  neceffary  Defence  of  the  Frontiers  of  this  Gcvcrnment. 
O  B  S. 

€^.  An  Act  for  raifing  the  Sum  of  Two  Thoufand  Pounds,  Annually, 
till  the  Public  Debts  are  dnfwered  and  paid,  for  the  better  en- 
couraging the  Currency  of  the  Public  Bills  of  Credit.     O  B  S. 


CHAP.     LXIV. 

An  Act  impozvering  Johanna  Peterfon,  PFidow  c/ Thomas  Peterfon,  late  of  Albeiv.sxle 
County,  Efq;  to  make  Sale  of  certain  Lands,  late  belonging  to  the  faid  Thomas  Pe- 
terfon ;  and  to  make  other  Provifion  for  Anna,  the  Daughter  of  the  faid  Thomas 
Peterfon,  to  whom  the  faid  hands  do  defend. 


Piiyate. 


I. 


HY.'K^  AS  Thomas  Peterfon,  late  of  yf/i-a';^/^  County,  Efq-,  died  feized 
and  poffeffed  in  his  Demefne,  of  Fee,  of,  in,  and  to  a  certain  Plantation. 

or 


Z/    y^^^  5      o/"      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  2  1 


D.   1711 


or  Tract  of  Land,  lying  in  the  Fork  of  ^{cen  Anne's,  Creek,  in  Clczva:  Precinft, 
containino-  by  Eftimation  Four  Flundred  Acres,  be  tiie  fame  more  or  Icfs,  butted 
and  boundino-  to  the  Eaftward  on  the  Town  Land,  and  to  the  Weftward  on  Sic- 
covii^'s  Creek  ;  and  alfo  of,  in,  and  to,  one  Half  Acre  or  Lot  of  Land  in  B{?ib  Town, 
buttino-  and  bounding  to  the  Southward  on  the  Lot  of  Col.  Chrijiopher  Gale^  and  to 
the  Northward  on  one  of  the  Crofs  Streets ;  which  faid  Plantation  and  Lot  of  Land 
do  defcend  unto  Anna,  an  Infant,  the  Daughter  of  the  faid  Thomas  :  And  v/hereas 
Johanna,  the  Mother  of  the  laid  Anna,  by  her  Petition  preferred  to  this  A/fjmbly, 
is  very  willing,  for  the  Advancement  ot  the  laid  ..nna's  Portion,  to  rclinquilh  her 
Rio-ht  of  Dower  of,  in,  and  to  the  faid  Lands  and  Lot,  provided  that  the  fame 
Lands  and  Lot  may  be  fold,  to  and  for  the  Ufe,  Benefit,  and  Intereft  of  the  faid 
Anna,  the  faid  Lands  and  Lot  now  having  confiderable  Improvements  thereon, 
which  makes  them  valuable,  which  otherwife  will  be  very  much  impaired  and  ruined 
before  the  faid  Anna  (hall  come  of  Age  :   Wherefore, 

II.  B  E  it  Enacted  by  his  Excellency  the  Palatine,  a?id  the  Rcjl  of  the  true  r.n.i 
abfolute  Lord  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  Refi  of  the  Members  of  the  Gtmral  Affembly,  now  met  at  L.ittle  River, 
for  the  North  Ealt  Part  of  the  faid  Province, .  and  it  is  hereby  Enacted  by  the  Authority 
of  the  fame.  That  the  faid  7o/^<^««<^  be,  and  The  is  hereby  impowered,  to  bargain, 
fell,  alien,  enfeoff,  and  transfer  the  faid  Plantatijn  or  Traft  of  (Land  lying  in  the 

Fork  of  ^leen  Anne's  Creek,  in  Chozvan  Precinct,  containing  by  Eftimation  Four  johima  Pn,rj,H^ 
Hundred  Acres,  be  the  fame  more  or  lefs,  butting  and  bounding  to  the  Eaftward  l',!;"*""'  '" '''' 
on  the  Town  Land,  and  to  the  Weftward  on  Sloco,j.b's  Creek  -,  alfo  one  Half  Acre 
or  Lot  of  Land  in  Bath  Town,  butting  and  baunding  to  the  Southward  on  the  Lot 
of  Col.  Cbriftopher  Gale,  and  to  the  Northward  on  one  of  the  Crofs  Streets  •,  or  any 
Part  or  Parcel  of  the  fime,  to  any  Perlbn  or  Perfons  that  ftiall  be  willing  to  give 
moll  Money  for  the  fam.e-,  to  have  and  to  hold  the  fame  to  luch  Purchafer  or  Pur- 
chafers,  his  or  their  Fleirs  and  AiTigns,  for  ever, 

III.  AND  for  the  better  fecuring  the  Money  arifing  by  fuch  Sale,  to  and  for 

the  U^Q,  Benefit,  and  Intereft  of  the  laid  /inna,  her  Heirs  and  Affigns  ;  //  is  hereby  ^f 'he  Oc^hartV' 
further  Enacted,  That  imm.ediately  at  and  upon  the  Sale  of  the  ^forelaid  Plantation, 
or  Tract  of  Land,  and  Lot,  or  any  Part  of  the  fame,  the  faid  .mna  fliall  ftand  and 
be  kized  in  her  Demefne,  as  of  Fee,  ot,  in^  and  to  one  certain  Plantation  or  Tract 
of  Land,  whereof  the  faid  Johanna  is  and  now  ftands  feized  and  poireffed  of,  in 
Perquimons  Precinct,  containing  by  Eftimation  One  Hundred  and  Seventy  Acres, 
be  the  fame  more  or  lefs,  fituate,  lying,  and  being,  on  Caftlcton'%  or  Laker's  Creek, 
buttino-  and  bounding  on  the  Lands  of  Inliana  Lakers  and  Richard  Skinner ;  to  have 
and  to  hold  the  fame  Plantation  or  Tract  of  Land,  to  her  the  faid  Anna,  her  Fleirs 
and  Affigns,  in  Fee-Simple  -,  with  Condition,  that  if  the  faid  Johanna  do  pay  the 
Monies  ariilng  by  fuch  Sale  to  the  faid  Anna,  at  and  upon  her  Arrival  to  the  Age  of 
Eighteen  Years,  or  Day  of  Marriage,  or  otherwife  appropriate  the  Monies  arifing 
by  the  Sale  of  the  aforefaid  Plantation  or  Tradt  of  Land  at  the  Fork  of  ^{een  Anne\ 
Creek,  and  Lot  aforefaid,  by  purchafing  young  Female  Slaves  for  the  Ufe  of  the 
faid  Anna  ;  then  the  aforefaid  Eftate  of  the  laid  Anna,  of,  in,  and  to  the  afore-men- 
tioned Plantation  or  Trad  of  Land  in  Perqidmons  Precinft,  to  be  invalid,  and  of  no 
Force  or  Effeft. 


CHAP.     LXV. 

An  All  confr.ning   the  Titles  of  fundry  Perfons  who  have,    or  hereafter  may,  purchafe 
Lands  of  Col.  Thomas  Cary,  in  Bath  County. 

I.  TTTHEREAS  Col.  Thomas  Cary  taking  up  and  purchafing  divers  Lands    p,: 

y  V  ^"'^  I'lantations  in  Bath  County,  the  Deeds  or  Patents  pafied  for  the  fame 
have  been  taken  in  the  Name  of  John  Cary,  an  Infant,  Son  of  the  faid  Thomas,  al- 
though the  Purchale  Money,  or  Confideration  paid  for  the  fame,  was  adtually  and 


22 


L    A    JV  S       of      N  O  R  T  H  -   C  A  R  O  L  I   N  A. 


K/ 


J.  D.  1715.  bona  fide  the  Monies  of  the  faid  Thomas^  and  by  him,  the  faid  T'homas,  paid  :  And 
^^•^•""V"^  whereas  the  faid  Tbo  nas  Gary  having  bargained,  fold,  ahene.i,  and  transferred  unto 
divers  Perfons,  and  their  Heirs,  feveral  Trads  or  Parcels  of  Land,  in  Bath  County 
alorefaid,  and  is  intended  to  bargain,  fell,  and  transfer  the  remaining  Part  of  the 
aforefaid  Lands  in  Bath  County :  Wherefore,  for  avoiding  Difputes  that  may  here- 
after arife  concerning  the  aforefaid  Title,  taken  in  the  alorefaid  Join  Coy's  Nam.e, 
and  for  eafing  and  quieting  the  Minds  of  fuch  Perfons  as  have  purchafed  the  fame, 
or  may  hereafter  purchale  from  the  faid  T'bcmas  Gary,  and  purfuant  to  the  Petition 
of  the  faid  Thomas  Gary  ; 

Sai«  of  Lands  H.  B  E  it  Enaltd  by  his  Excellency  the  Palatine,  and  the  Rcjl  of  the  true  and  ahfo- 
deiiated  good.  , /^^/^  hord.s  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  the  refl  of  the  Members  of  the  General  Affembly,  now  met  at  Little  River,  for  the 
North  Eaft  Part  of  the  faid  Province^  and  it  is  hereby  Enacted,  by  the  Authority  of 
the  fame.  That  all  and  Angular  the  Bargains,  Sales,  Alienations,  and  Conveyances, 
already  made  and  pafled,  or  hereafter  to  be  made  and  pafled,  by  the  faid  Thon.as 
Gary,  unto  any  Perfon  or  Perfons  whatfoever,  their  Heirs  and  Afligns,  of,  in,  and 
to  any  of  the  Lands,  Tenements,  and  Plantatkms,  in  Bath  County^  which  lately 
were,  or  now  are,  in  the  PolTei.i.on  or  Occupation  of  the  faid  T'hon.as  Gary,  and  for 
which  Deeds  or  Conveyances  have  been  made  and  pafTcd,  to  end  for  the  Ufe  of  the 
faid  John  Gary,  an  Infant,  Son  of  the  faid  'Thomas  Gary,  or  in  the  Name  of  the  faid 
John,  ftiall  ftand,  be,  and  for  ever  remain,  firm  and  available  in  Law  and  Equity, 
to  fuch  Purchafer  or  Purcha  ers,  their  Heirs  and  Affigns,  having,  or  hereafter  to 
have,  from  the  faid  Ihomas  Gary,  any  Bargains,  Sales,  Alienations,  or  Ccnveyan- 
ces  for  the  'ame  -,  any  fuch  Deeds  of  Sale,  Conveyance,  or  Alienation  formerly 
made  in  the  faid  John  Gary's  Name,  or  to  or  for  his  Ufe  and  Behoof,  notwith- 
ftanding, 

CHAP.     LXVI. 

'Jn  Act  for  the  Confirmation  of  the  Laws  faffed  this  Sr£;on  of  Affemhly,  and  for  repeal- 
ing all  former  Laws  not  herein  particularly  excepted.     O  B  S. 

SIGNED     by 

Charles   Eden,  Efq;  Governor. 
iV.  Ghevin^  IV.  Reed, 

Chr.  Gale,  Tobias  Knight, 

Francis  Fcrfter, 

Lords  Proprietors  Deputies. 
Edward  Mofeley,  Speaker.- 


Aiino 


LAWS      of     N  O  R  T  H  -  C  A  R  O  L  1  N  A. 


ANNO       REGNI 

G    E   O   R    G   I   I     I, 

REGIS, 

MAGN.^     BRITANNIiE,     FRANCIS,     &     HIBERNI^, 

SEXTO. 

At  a  General  Biennial   ASSEMBLY,  held  at  the  Court-Houfe  in   charles 

EDEN,     Efqj 

Choiuan  Precind,  the  Second  Day  of  Auguft^  One  Thoufand  Seven  Hun- 
dred and  Twenty,  and  continued,  by  feveral  Adjournments,  to  the 
Twentieth  Day  of  the  fame  Month. 

— *5; ■ 

CHAP.     I. 

An  Atl  for  leffening  the  'Poll  and  Land  Tax,  and  for  preventing  of  Concealments. 

REPEALED. 

CHAP.       2.     An  additional  Act,  to  the  A^,  intituled^  An  A61  for  eftablifhing   RepeaiMbvAa, 
the  Church,  and  appoining  Seled  Veftries.  Jp';^  4'^  '74'. 

2.     An  Act,  in  Addition  to  the  Acf,  For  making  a  Town  at  ^leen   Repeai-a  uy  Aa, 
Annc\  Creek.  ^^'^,  ''''' 

4.     An  additional  A£l  to  an  Act,  intituled.  An  Afl  concerning  Ordi-    RepeaiMbyAft, 
nary-keepers  and  Tippling-houfes.  cha'p.  %,  ^^'^^' 

f;.     An  A5f,  in  Explanation  of  the  A^,  Concerning  Servants  and   Repeai'dbyAdi, 

-^  (-,,         '  -^  •'  '  °  April   4,    174'. 

olaves.  Chap.  »4. 

C  H  A  P.     VL 

An  A£l,  to  confirm  a  Decree  made  in   the  Court  of  Chancery  of  this  Province,  upon  a 
Bill  of  Cojiplaint  exhibited  by  William  Duckcnficld,  Efq; 

I.  ^¥7HEREASata  Court  of  Chancery,   held  the  Eleventh  Day  of  May,    Private. 

Y  Y     ^"^  Thoufand  Seven  Hundred  and  Thirteen,  upon  the  Complaint  of 
Williani  Diickcnfidd,  Efq-,  a  Decree  was  pafled  in  thcfe  Words,  "viz. 

\    North-Carolina,  iT. 

At  a  Court  of  Chancery  held  at  the  Houfe  of  Capt.  Thomas  Lee,  in  Chowan  Pre- 
cind,  on  Monday  May  the  nth,  Anno  Lordni  lyi^- 

PRESENT^ 


24  X«-^/^-^«S'c/'North-Carolina. 

^.  D^  1720;  PRESENT, 

The  Honourable  Thomas  Pollock,  Efq;  President, 

tt}-!:-       u    j  Lords  Proprietors 

the  Honourable^     ^'f'^^f^^^'^^  Ufqrs. 

1     Chr.  Gale,  ^  t-.        • 

.     L    Tobias  Knight,  J  Deputies. 

'  Upon  reading  the  Bill  of  Complaint  of  William  Duckenfield,    of  the  Precin(!T:  of 
^  Chowan,  Eiq;  this  Day,    therein  letting  forth,    That  he  the  laid  V/illiam  I  uckcn- 

•  field,  about  Sixteen  Years  lait  paft,  was,  and  yet  is,  law  ully  leized,  in  his  De- 
'  meJne,  as  of  Fee,  of  and  in  one  large  Tn.cl  or  Parcel  of  Land,  in  the  Precindt 
'  aforelaid,  containing  by  Eftimation  Four  Thou  land  Acres,  bounding  on  Albe- 
'  marie  Sound  Eallward,  and  on  Sahr.cn  Creek  Weflward,  and  being  thereof  fo 
'  feized,  one  John  Arderne,  Efq^  coming  into  this  Government,  and  being  fome- 
'  thing  related  to  hirn  the  laid  Ducke'rif^eld,  by  Intermarriage,  and  the  faid  'jobn  Ar- 
'  derne  being  in  low  Circumftances,  and  not  in  Foffeffion  of  any  vifiblc  Eilate,  he 
'  the  laid  Duckenfieli,  the  better  to  give  Credit  and  Reputation  to  him  the  faid  Ar- 
'  derne,  and  to  put  him  in  Pofieflion  of  a  vifible  Eftate,  thereby  to  advance  hiniil^lf, 
'  upon  ef^.ecial  Truft  and  Confidence  which  he  then  repofed  fecrctly  in  the  laid 
'  Arderne,  by  his  Deed,  fufBcient  in  the  Law,  bearing  Date  the  Thirty  Firft  Day 
'  oi  July,  Anno  Domini  1702,  did  grant,  bargain,  and  fell,  unto  the  faid  Ardtrne, 
'  the  afore: aid  TracSl  or  Parcel  of  Land,  containing  Four  1  houland  Acres ;  to  have 
'  and  to  hold  the  fame  unto  him  the  laid  Arderne,  his  Heirs  and  Affigns,  for  ever : 
'  Which  laid  Deed  mentions,  that  the  fame  was  for  and  in  Confidcration  of  the 
':  Sum  of  Two  Hundred  Pounds,  in  Hand  paid,  when  in  Truth  the  faid  Two 
'-  Hundred  i-'ounds  was  not  paid,  nor  any  Part  or  Parcel  thereof,  ncr  intended  to 
'  be  paid,  nor  indeed  could  t!ie  faid  Arderne  pretend  to  pay  the  fame ;  but  tJie  faid 
'  Deed  was  paffed  is$f  no  other  Realon  than  what  is  above  alledged  :  And  further, 
'  that  the  faid  Deed  was  not  only  meant  and  intended  to  be  in  TruH,  to  the  Ufe  of 
'  him  the  faid  Duckenfield,  Efq-,  but,  at  the  Time  of  making  thereof,  it  was  ro  de- 
'  clared  and  exprefPed,  as  well  by  the  faid  Duckelfield,  as  by  the  faid  /irderne,  in  Pre- 
'  fence  and  Hearing  of  divers  Witnefles,  and  not  to  the  Ufe  of  the  faid  Arderne, 
'  other  than  in  Ca'e  the  faid  Arderne  ihould  out-live  him,  &c  And  further,  that 
'•  the  faid  John  Arderne  did,  as  well  at  the  figning  the  faid  Deed  as  at  divers  Times 
=  fince,  declare  to  divers  Perfons,  that  he  did  not  pay  the  Two  Hundred  Pounds, 
'  and  that  the  fame  Deed  was  pafled  to  him  for  no  other  Ufe,  Intent,  or  Truft 
=  whatfoever,  than  that  the  fame  Ihould  abfolutely  return  to  him  the  faid  Ducken- 
'•  field,  in  Cafe  he  fhould  out-live  the  faid  Arderne  -,  and  alfo,  that  the  faid  Arderne, 

•  willing  to  make  known  to  the  World  the  many  and  uncommon  Favours  which 
■  he  had  received  from  him  the  faid  Duckenfield,    by  his  laft  Will  and  Teftamicnr, 

•  in  Writing,    bearing  Date  the  22d  Day  of  Oclobcr,    1707,    doth  make  ample 

•  Mention  of  the  fame,    and  that  his  Intention  v/as,    to  give  all  his  Eftate,    both 

•  real  and  perfonal,    that  he  was  poffelTed  of,    or  fhould  have  Right  to,    to  him, 

•  which  he  confirms  by  divers  AlTeverations  in  the  faid  Will  mentioned,  as  by  the 

•  fame  will  and  may  appear :  Notwithftanding  which,  divers  Perfons,  injurioufly  de- 
'  figning  to  bring  in  Qiieftion  his  the  faid  Duckenfield's  Title  to  the  sforefaid  Four 

Thouland  Acres  of  Land,  although  he  was  never  out  cf  PofltiTion  thereof,  do 
give  out,  that  the  Fee-Simple  of  the  faid  Land  is  not  in  him,  but  in  the  Htirs  of 
the  faid  John  Arderne,  and  the  Truft  repofed  by  him  the  faid  V/illiam  Duckenfield: 
And  forafmuch  as  the  faid  Deed,  in  Writing,  is  abfolutely  without  any  Ufe  de- 
clared or  expreffed  therein,  and  without  any  Truft  in  the  fam.e  mentioned,  and 
that  the  aforefaid  Will  of  the  faid  John  Arderne  doth  not  make  pxprefs  Mention, 
that  the  fame  Four  Thoufand  Acres,  commonly  known  by  the  Name  of  Salmon 
Creek,  were  given,  devifcd,  and  bequeathed,  unto  him  the  faid  Tv.ckenftdd,  and 
his  Heirs,  for  lack  and  want  of  Knowledge  in  the  Law  of  the  laid  John  Arderne, 
how  to  ufe  apt  and  exprefs  Words  for  the  granting  and  conveying  th.e  fam.e  back 
again  to  him,  purfuant  to  the  Truft  repofed  in  the  faid  John  Arderne,  although, 
the  Intent  and  Meaning  of  the  faid  Arderne  fo  to  do  may  be  fufiicicntly  proved 

'  and 


L  A  IV  S    of      N  o  k  T  H  -  C  A  R  o  L  I  N  A.  25 


'  nnd  obfcrved  ;  and  the  fkid  y<//.« /yWrr;??  being  now  dead,  who  cculd  make  appear    J.  D.   1720. 

'  that  the  Ailcgations  in  this  Bill  of  Complaint  are  true  and  certain,    and  divers 

'  Evidendes  or  VVitnefies,  as  v/ell  to  the  faid  Deed,  v/ho  could  prove  the  atorefiaid 

'  Ufe  or  Truft  declared,  and  divers  other  Witneflcs  V/'hich  he  could  have  produced 

'  to  prove  the  fame,  are  Ibme  dead,  others  removed  to  Parts  unknown,  lome  acred 

'  and  impotent,  and  living  far  off,  and  not  able  to  travel  to  this  Court,  and  others 

'  being  tranfient  Perfons,  iic.  do  therefore  pray,  That  aCommifiion  maybeiffued 

'  out  of  this  Court,  dircvSled  to  fuch  Perfons  as  may  be  thought  fitting,  to  examine 

'  fuch  Witneffes,  iji  perpetuavii^  rei  Meyuoriam^  as  fiiall  be  produced  by  him  the  faid 

'  Duckaif.e'd,  for  tlie  Proof  of  the  aforefiid  Ufe  or  Trufi",  ^'c.  and  alfo,  that  by  the 

*  Decree  of  this  Court,  he  may  be  relieved  in  the  Premifes,  and  the  Fee-Simple  of 

'  the  aforefaid  Land  be  adjudged  and  decreed  to  him,  i^c.     And  upon  reading  the 

'  feveral  Dcpofitions  taken  by  Virtue  of  the  aforefiid  Commiffion  out  of  this  Court, 

'  as  alfo  the  Will  of  the  faid  John  Arderne,  and  upon  d\x<i  and  matiire  Confideration 

'  thereon,  this  Court  are  of  Opinion,  That  the  faid  Deed  mentioned  in  the  faid  Bill 

'  was  made  only  in  Truft^    and  that  no  Confideration  was  ev-er  paid  and  facisfied, 

'  or  intended  to  be  paid  or  fatisfied,    for  the  fame  •,    and  it  is  the  Opinion  of  this 

'  Court  likewiie,    that  the  laid  John  /Irderne'^  Intent  and  Defign,    by  his  laft  Will 

'  and  Teflament,  was  to  give  and  bequeath  the  fame  Lands  back  again  to  him  the 

'  faid  Wtlliam  Duckenfield,  and  h.is  Heirs,  for  ever,  although  exprefs  Mention  tliereof 

'  be  not  made  therein. 

'  WHEREUPON  this  Court  do  Declare,  Adjudge,   Order,   and   Decree^ 

*  That  the  aforefaid  Deed  be  null  and  void,  and  that  the  aforefaid  Four  Thoufand 
'  Acres  of  Land  do  revert,  come,   and   remain  unto  the  hid  f Villi  am  Duckenfield^ 

*  Efq;  and  to  his  Heirs  and  AiTigns,  for  ever,  without  the  leaft  Lett,  MoleftatioHj 
'  or  Hinderance  of  any  Perfon  or  Perfons,  claiming  from,  by,  or  under  the  afore- 
'  faid  John  Jrdenie,  or  his  Heirs,  Executors,  Admmiftrators,  or  Afligns,  or  any 
'  from  or  under  them,  or  either  of  them.' 

Ordered,  Decreed,  and  Entered,  by  us,  and  our  Order,  the 
above-faid  nth  Day  oi  Ma)\  Anno  Domini  171 3. 

Which  Decree,  upon  the  Prayers  of  the  faid  PFilliam  Duckenfield^  having  been  care- 
fully and  duly  confidered  by  this  Aflembly ; 

II.  B  E  it  Enacted  by  his  Excellency  the  Palatine,  and  the  Refi  of  the  true  and  ahfo- 
hte  Lords  Proprietors  of  the  Province  of  Carolina,  i>y  and  with  the  Advice  and  Con- 
fent  of  the  Refi  of  the  Alembers  of  the  General  AJfembly,  now  met  at  the  General  Court- 
houfe,  at  Qiieen  Anne'j  Creek^  in  Chowan  Precinit^  for  the  North  Eaft  Part  of  the 
faid  Province^  and  it  is  hereby  Enacted  by  the  Authori'.y  of  the  Jame^  That  the  Decree, 
upon  the  Bill  of  Complaint  of  WiUiam  Duckenfield^  Efq;  recited,  pafled,  and  inrol- 
led  in  tlie  Court  of  Chancery,  the  Eleventh  Day  of  May^  One  Thoufand  ^tvtn 
Hundred  and  Thirteen,  and  every  Part  and  Parcel,  Article  and  Claufe  therein  con- 
tained, fhall  be  and  remain  firm  and  available  in  Law  and  Equity,  to  all  Intents 
and  Purpofes  whatever  contained  therein,  without  being  liable  to  any  Bill  of  Re- 
verfe,  or  other  Procefs  whatever,  to  reverfe  and  annul  the  fame. 

S  I  G  N  E  D     by 

Charles    Eden,    Efq-,  Governor, 

Thomas  Pollock,  JV.  Reed, 

Francis  Forfier,  JcJ.m  Lovick, 

Lords  Proprietors  Deputies,' 

William  Swam),  Speaker. 

D  ANNO 


26  L  A  IV  S    o/'North-Carolina. 


'  M  M  «  ti  1^  S  M  ^~5  ^>^  &^  ^^  ^^  ^^ 

^^   ^^   ^^-  ^^   ^-^   ^-^    ^^-^    ^-^  5^^  5^-^   5^-^   ^^1^  ]fe^^ 
A  N  N  O     R  E  G  N  I   ' 

G    E    O    R    G    I    I       I, 

REGIS, 

MAGNiE    BRITANNIA,     FRANCIS,    &     HIBERNI^, 
OCTAVO. 


'vviLLiAM   -^^  ^  General  Biennial   ASSEMBLY,    held  at  Eaenton,  m  Chowan 

REED,     Efq; 

Piefident.  Precindl,  the   2d   Day    of  Odlober^  One  Thoufand  Seven  Hundred  and 

Twenty-two,  and   continued,  by  feveral  Adjournments,  to  the  Nine- 
teenth Day  of  the  fame  Month, 


CHAP.     I. 


froviacd  for  by     ^.^  ^^   f^y  a  Road  from  Core- Point,  on  Pamplico,  to  Newbern,  on  Neufe  Rh-er. 

the    Road     Aft,  ■' 


paff'd       Jinuary 
1764.,  Chap.    3. 


Preamble. 


CHAP.  2.  An  Af,  for  making  the  Sum  of  'Twelve  Thoufand  Pounds,  Public 
Bills  of  Credit,  for  exchanging  fuch  of  the  PubHc  Bills  of  Cre- 
dit as  are  now  current,  thereby  to  render  ther.i  the  more  ufcful 
to  the  Goverment  -,  and  for  regulating  the  Taxes.     O  B  S. 

CHAP.     III. 

An  additional  A51  to  an  A^y  intituled.  An  Ad,  appointing  Toll-Bcoks. 

I,  T  "^  7  H  E  R  E  A  S  an  A6t,  intituled,  An  A5i  for  appointing  Toll-Books  to  be 
W  kept  in  this  Government,  has  been  paficd ;  and  the  faid  A6t  has  been  ren- 
dered ulelefs  by  Reafon  of  the  Places  appointed  by  it  for  Toll-Books  to  be  kept 
being  inconvenient,  and  the  Fees  allowed  to  fuch  Perfons  as  are  appointed  to  ktep 
them,  fo  fmall,  that  no  Perfon  will  take  the  Trouble  of  the  faid  Office  on  himfelf  : 
Wherefore  it  is  prayed,  that  an  A6t  may  be  made  for  the  Continuance  of  the  faid 
Aft,  and  that  there  be  fixed  Places  appointed  for  the  Toll-keepers  in  the  feveral 
Precincts,  and  that  the  faid  Toll-keepers  Fees  be  raifed. 

II.  5  E  it  therefore  Ena!^ed,  by  his  Excellency  the  Palatine,  atid  the  reft  of  the 
true  and  ahfolute  Lords  Proprietors  cf  Carolina,  by  and  with  the  Advice  and  Confent 
of  this  pre'ent  General  Affembly,  now  met  at  Edenton,  on  Queen  Anne'j  Creek,  in 
Chowan  Precintl,  for  the  North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby 
Enabled,  by  the  Authority  of  the  fame ^  That  the  Toil-Office  for  the  Precinct  ol  Cho- 


ivan^ 


LAWS     of    Nokth-Carolina. 


27 


wan,  be  kept  at  the  Kead  of  Catherine's  Creek,  near  Mr.  Thomas  Speight's^  ^.t  the   ^-  ^-   1722. 

Toll. Offices 
where  cu  bokcpc. 


Head  of  Perquimons,  and  at  Mayock  Creek,  in  Currituck  Precinct :  For  Bertie  Pre- 
cinct, at  Boon's  Ferry,  and  fuch  other  Places  as  the  Precinct  Court  lliall  appoint : 
And  that  every  Toll-keeper  fhall  be  allowed  the  Sum  of  Four-pence  for  each  Hog, 
and  Six-pence  a  Head  for  all  Cattle,  carried  or  tranfported  out  of  this  Govern- 
ment, by  all  Perfons  carrying  or  tranfporting  the  fame,  under  the  like  Penalty  as 
In  the  faid  Act  is  mentioned  ;  and  the  faid  Toll-keepers  are  to  obferve  all  Articles 
and  Claufes  in  the  faid  Act  mentioned  •,  under  the  like  Pains,  Fines,  and  Penalties 
therein  exprefled. 


T'lll-Keepets 
Fees. 


CHAP.     IV. 

y/«  A5f,  for  enlarnn^-f  and  Encouragement  of  the  Town  called  Edenton,  //;  Chowan    Reptai'J  by  Aft, 

D,       •     c7  An*.    21,   174.0, 

PreanSl.  uup.  1. 


CHAP.     V. 

appointing  that  Part  of  Albemarle  County,  lying  on  the  Weft  Side  t/chowan 
River,  to  be  a  Precinct,  by  the  Name  of  Bertie  Precin5i. 


An  A- 


II 


E  it  EnaSied,  by  his  Excellency  the  Palatine,  and  the  refl  of  the  true  and  ab- 
folute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  refi  of  the  Members  of  the  General  Affembly,  now  met  at  Edenton, 
at  Queen  Anne'j  Creek,  in  Chowan  PrecinSl,  for  the  North  Eaft  Part  of  the  faid 
Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That  that  Part  of 
Albemarle  County  lying  on  the  PFcJl  Side  ol'  Chowan  River,  being  Part  of  Chowan 
Precinct,  bounded  to  the  Northward  by  the  Line  dividing  this  Government  from 
Virginia,  and  to  the  Soutfpward  by  Albemarle  Sound,  and  Morattuck  River,  as  far 
up  as  Welch's  Creek,  and  then  including  both  Sides  of  the  faid  River,  and  the 
Branches  thereof,  as  far  as  the  Limits  of  this  Government,  be,  and  the  fame  is 
hereby  declared  to  be  erected  into  a  Precinct,  by  the  Name  of  Bertie  Precinct,  in 
Albemarle  County  ;  with  all  and  every  the  Rights  and  Privileges,  and  other  Bene- 
fits and  Advantages  whatlbever,  as  any  other  of  the  Four  Precincts  in  Albemarle 
County  can  or  may  have,  ufe,  or  enjoy. 


This  Aft  repeal. 
e<i,  but  the 
Bounds  nf  the 
County  td.iDhlh- 
td,  by  Ait  p.if- 
fed  Sept.  1756, 
Chap.  9, 


See  Aft,  April  4, 
1741.    Ch.ip,   7, 
h'r    Edgcumb 
Ciunty  ;    and 
1741,   ch.  I,  tor 
Noithamptun 
County. 


CHAP.     VL 

An  AB,  concerning  Fees  and  Officers. 


Repeal'dbyAft, 
April    6,     1748, 

Chap.  3.. 


CHAP.     VII.  . 

An  Act,  appointing  that  Part  of  the  South-Weft  Pariflo  of  Chowan,  that  lies  on  the 
South  Shore,  and  Alligator,  to  be  a  dijiinct  Parip,  by  the  Name  of  the  South  Pa- 
rifh  c/ Chowan  •,  and  for  appointing  Vefirymen  for  the  faid  Pariflj. 

I.  T II  r  H  E  R  E  A  S  the  Inhabitants  of  that  Part  of  Chowan^  and  Alligator,  have 
Vy     petitioned  the  General  AlTembly,  to  be  a  feparate  Parifti  from  the  IVeJl 
Shore  ot  Chowan,  and  it   being  apparent  that  it  is  very  much   to  the  Prejudice  of 
the  faid  Inhabitants  to  remain  as  Part  of  the  aforefaid  Parilh  ; 

II.  B  E  it  Enacted  by  his  Excellency  the  Palatine,  and  the  Refl  of  the  true  and 
ab folate  Lord  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  Reft  of  the  Members  of  the  General  Affembly,  now  met  at  Edenton,  at 
Queen  Anne'j  Creek,  in  Chowan  Precinct,  for  the  North  Eaft  Part  of  the  faid  Pro- 
vince,  and  it  is  hereby  Enacted  by  the  Authority  of  the  fame,  IMiat  the  South  Shore  of 
Chowan,   from  Alligator  River  to  the  Eafl  Side  of  IVeLh'z  Creek,    including  all  the 

D  2  Lan(i 


Private, 


I'atifli  divided, 


28  L    A  fV  S      of     "N  O  R  T  U  -  C  A  R  O  L  I  ti  A. 


J.  D.  1722.  Land  on  the  Sound,  and  Morattuck,  lying  within  the  Bounds  aforefaid,  Ihall  be, 
and  is  hereby  appointed  a  feparate  Parilli,  by  the  Name  of  the  South  Parifh  of 
Chowan ;  and  that  the  faid  Parifh  do  enjoy  all  ilich  Liberties  and  Immunities  as  all 
other  Parifhes  in  this  Government  can  or  may  have.  * 

*  The  3d  and  4th  Seftions  of  this  Law  for  appointing  Veftrymen,  Obfolete. 


CHAP.     VIII. 

j4n  Act  for  fettling  the  Precinct  Courts  and  Court-Houfes. 

n-camUe.  I.   TTTHEREAS  through  the  great  Taxes  and  Charges  this  Government 

y  Y  hath  laboux-ed  under,  by  Means  ol  the  late  Indian  War,  there  has  been 
no  Care  taken  by  preceding  Afiemblies,  to  fettle  the  feveral  Precinft  Courts  to  any 
fixed  or  certain  Place,  but  have  always  hitherto  been  kept  and  held  at  private 
Houfes,  where  they  have  been,  and  are  liable  to  be  removed,  at  the  Plcafurc  of  the 
Perfon  or  Perfons  owning  fuch  Houfes,  to  the  great  Annoyance  ot  the  Magiftrates 
and  People :  For  the  Prevention  of  which  for  the  future, 

juftices  to  pur-  H.  ^  E  it  Ena^cd  hy  his  Excellency  the  Palatine,  and  the  Reft  of  the  true  and  alfo- 
buii.i  cn'^uu-  ^°  Itite  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and  Corfeni 
houfes  on.  QJ^  tJjQ  fcft  of  the  Members  of  the  General  Affembly^    now  met  at  Edenton,    at  Qiiecn 

Anne'j  Creek^  in  Chowan  Precinct,  for  the  North  Eaft  Part  of  the  faid  Province,  and 
it  is  hereby  Enacted,  by  the  Authority  of  the  fame^  That  from  and  after  the  Ratifi- 
cation of  this  A61,  the  Juftices  of  the  Peace  that  are  now  appointed  for  and  in  every 
refpedive  Precind  in  this  Government,  or  Ihall  hereafter  be  appointed  within  the 
Time  limited  in  this  Ad:  for  building  the  Precind  Court-Houles,  or  the  greateft 
Part  of  them,  are  hereby  required  and  impowered  to  purchafe  the  Quantity  oi  one 
'  Acre  of  Land,  in  fuch  Place  and  Places  of  their  feveral  Precinds,  as  m  and  by  tnis 

Ad  is  hereby  nominated  and  appointed,  for  the  ereding  the  faid  Court-PIoufes  on. 

III.     AND  for  the  better  enabling  the  faid  Juftices,    or  the  greateft  Part  of 

them,    to  purchafe  fuch  Lands,    and  build  the  faid  Court-Houfes  ;    Be  it  Enacted^ 

Tal'Tr  b"iS;n^    h  the  Aithority  aforefaid,  Tliat  the  faid  Juftices,  or  the  greateft  Part  of  them,  fliall 

the  faid  Court-    have  full  Power  and  Authority  to  raife  Money,  by  a  Poll-Tax  on  the  feveral  Inha- 

^''"'^'''  bitants  of  their  refpedive  Precinds,    for  the  purchafing  fuch  Lands,    and  building 

the  laid  Court-Houfes  thereon,    not  exceeding  the  Sum  of  Five  Shillings  fer  Poll, 

fer  Annum  ;    which  faid  Tax  or  Levy  fliall  be  paid  to  them  the  faid  Juftices,    or 

whom  they,  or  the  greateft  Part  of  them,  fliall  appoint  to  receive  the  fame,  by  each 

and  every  Perfon  refpedively,    in  the  fame  Manner  and  Form  as   they  do  their 

Public  Levy,  and  under  the  fame  Fines  and  Forfeitures. 

p.ifons  refufing  ^-  A  N  D  he  it  furthcT  Ena£fed,  by  the  Authority  aforefaid.  That  if  any  Perfoa 
to  fell  L.n-1  to  or  Perfons  fliall  refule  to  fell  to  the  faid  Juftices,  or  the  greateft  Part  of  them,  fuch 
tor  f 'fealofa'b"  Lands  as  by  this  Ad  is  appointed  to  be  purchased  for  the  Ufe  of  the  Court-Houfe, 
Price,  c.  jnftice  fof  what  the  faid  Juftices  Ihall  think  to  be  the  full  Value  thereof,  that  then,  and  in 
l^nf  to  3'Vree'  ftich  Cafe,  it  fliall  and  may  be  lawful  for  the  Chief  Juftice  to  ifllie  his  Summons, 
holders  to  value  under  his  Hand,  direded  to  Three  Freeholders  of  the  Precind  where  fuch  Refufal 
Valuation  fuch  fliall  bc  made  ;  which  Freeholders  are  hereby  required,  on  Oath,  to  appraife  the 
obifTd'  tollke'  ^^"^  Land  :  And  in  Cafe  the  Owner  of  the  faid  Land  Ihall,  after  a  Tender  made 
and  the  Lind  to  him  of  the  Money  which  the  faid  Land  was  appraifed  to,  refufe  to  give  a  lawful  Con- 
*"       "  '  -  ■'■^    veyance  for  the  fame,  fuch  Lands  fliall,  ncverthelefs,  be  invefted  in  the  Public,  lor 

the  Ufes  aforefaid ;  provided  that  no  Perfon's  Orchard,  Garden,  or  inclofed  Ground, 

b?  injured  thereby. 

j.ifticM  nepiea-        V.     A  N  D  bc  it  fvrther  Enactcd,  by  the  Authority  aforefaid.  That  if  the  Juftices, 
Coutt"  houfes        "'■  '"^^  iTiajor  Part  of  them,  in  their  leveral  Precinds,  ihall  negled  or  refufe  to  pur- 
chafe the  Land  by  this  Ad  direded  for  building  the  feveral  Court-Houfes  on,  or  to 

aqree 


he  invefltd  in  the 
Public, 


L    A    I'V   S      of         N  O  K  T  H*~  C  A  R  O  L  I   N  A.  2<} 

agree  with  Workmen  to  build  and  linifh  tht;  iame    (which  fliall  not  be  lefs  than    ^-  -O.   17::. 
'i'wcnty  Four  Feet  long  and  Sixteen  Feet  wide)  within  Six  Months  after  the  Ratifi-    ^'^ — "^     ""' 
cation  ot  this  Act;  that  then,  and  in  i'uch  Cafe,  the  Governor  or  Commander  in    p.-rV-.thn  Kr- 
Chieffor  die  Time  being,  Hiall,  and  he  is  hereby  impowered  and  direfted,  to  no-    ^-"''o*^""- 
minate  and  appoint  luch  Perlon  or  Perfons  in  each  anci  every  Precuidt  lb  ncgleftiiig 
or  ref ufmg ;  which  Perlons  fo  appointed,  Ihall  have  the  fame  Power  and  Authority 
to  lay  the  laid  Fax,  purchale  luch  Land,  and  build  the  faid  Court-houfes,    as  the 
fuid  J  Uibces  might  or  ought  to  have  had  by  this  Aft. 

VI.     AND  be  it  further  Enacted^    by  the  Authority  aforefaid^    That  the  Lands    pieces  nppointea 
hereaiter  mentioned  be,  by  the  feveral  Juftices,  or  the  major  Part  of  them,  in  each    |or  *'"i''i'"6  cu. 
refpective  Precind,    purchafed,    to  and  for  the  building  and  erecting  the  feveral 
Courc-Houfes  on  :  That  li  to  fay  5 

For  the  Precinct  of  Chowan,  at  Edentori. 

For  the  Precinct  of  Perquirnons,  at  Jonathan  Phclj^s's  Point,  at  the  Moutk  of  the 
Narrows. 

For  the  Precind  of  Currituck,  on  the  Land  of  Mr.  P/illiam  Peyner,  next  to  the 
Land  of  Mr.  Wtl'.iam  Parker ;  or  at  Mr.  Parker^s,  as  the  Juftices  Ihall  appoint. 

For  the  Precincts  of  Beaufort  and  Hyde,  at  Batlo  Town. 

For  the  Precind  of  Craven,  at  Newbern. 

For  the  Precind:  of  Carteret,  at  Beaufort  Town. 

For  the  Precind:  of  Bertie,  now  by  this  Aflembly  laid  out,  at  fome  convenient 
Place  at  .ihotjkcy,  where  the  Juftices  Ihali  appoint. 

For  the  Precind  of  Pafq^notank,  at  fuch  Place  as  the  Juftices  fiiall  appoint,  (c) 

SIGNED     by 

William  Reed,  Efq-,  Prefidcnt. 
Chr.  Gale,  Richard  Sanderfon, 

John  Lcvick,  Thomas  Lovick. 

Lords  Proprietors  Deputies, 
Edward  Mofeley,  Speaker^ 


f"^^5 


\^ 5^ 


Anno 


(cj  The  1x1  Claiife  of  this  AQ.iz:  r-'^venting  the  Courts  falling,  pr/^v;ded  for  by  the  Court  Laws. 


30 


LAWS    of    North-Carolina. 


J.  D.    1723. 


i$JS<^ 


1^    \§    %#    %^    %#    %#  p"^  %^     %^'    %^    %^    %^    %# 
#%    #%    #%    #%    f%    #%^-^#%     #%    #^    #%    #%    #%' 


ANNO       REGNI 

G   E   O  R   G   I  I     i, 

REGIS, 

MAGN^    BR  I  TANNINE,     FRANC  I  iE,    &    H  I  B  E  R  N  I  iE, 

N     O     N     O. 

^iVr^^Vt;   At  a  General  Biennial  ASSEMBLY,    held  at  £^^;z/o«,  in    Chowan 

PrcCderjt. 

Precincft,  the  Twenty  Third  Day  of  November^   One  Thoufand  Seven 
Hundred   and  Twenty  Three. 


Repeal  M  by  Aft, 
April   6,    1748, 


CHAP.     I. 

An  ASl^  to  provide  indifferent  Jurymen  in  all  Cmifes,  Civil  and  Criminal 

C  H  A  P.  2.  An  A£f,  intituled^  An  additional  Act  to  the  Act,  relating  to  Bien- 
nial and  other  AfTemblies,  and  regulating  Elections  ;  and  di- 
vers other  Things  relating  to  Towns.     REP. 

3.  An  Act^  for  appropriating  Tart  of  the  Impofi  Duty  en  Veffels,  cr 
Pozvder  Money ^  to  beacon  out  the  Channels  from  Roanoke  to  Oc- 
c  acock  InletSy  and  fever al  other  "Things^  to  facilitate  the  'Trade  and 
Navigation  of  this  Government.     EXP. 


CHAP.     IV. 

An  Act  for  fettling  the  Titles  and  Bounds  of  Lands,     {a) 

I.  13  E  it  Enacted^  by  his  Excellency  the  Palatine,  and  the  refl  of  the  true  and 
|j  abfolute  Lords  Proprietors  of  Carolina,  by  end  with  the  Advice  and  Cc7ifcnt  of 
this  prefent  General  Afjembly,  now  met  at  Edenton,  for  the  North-Eaft  Part  of  the- 
Perfons  Lands  to  y^z/^  Provincc,  and  it  is  hereby  Enact ed,  by  the  Authority  of  the  fame.  That  thj  Lands 
end  M'"ks""rl.'    belonging  to  every  Perlbn  in  this  Government  fhall  be  procclTioncd,  and  the  Marks 
new^d  once  iii  3    renewed  once  in  every  Three  Years  •,  and  that  the  Juftices  ol"  each  and  every  Pre- 
cinct Court  within  this  Government,  between  the  Firft  Day  of  June  and  the  Fiiit- 
Day  of  Aiigiift,  One  Thoufand  Seven  Hundred  and  Twenty-four,  and  fo  between 
the  Firil  Day  of  July  and  the  Firft  Day  of  Auguft,  in  every  Three  Years  hereafter, 
by  an  Order  of  the  faid  Court,  llTiall  direct  and  order  the  Veftry  of  each  Parilh  in 
their  Precinct,  to  divide  their  faid  Parifhes   into  as  many  Diftricts  as  to  them  lliall 

fee  in- 


(a)  Sec  Aft  Nov.  1729,  Chap.  6,  for  amending  this  Aft. 


L    A    IV  S      of      N  O  R  T  H  -  C  A  R  C  L  I  N  A. 


<  ' 


feem  moffc  eafy  and  convenient,  for  procelTioning  every  particular  Penon's  Land 
within  their  Parifli ;  and  that  the  faid  Veitry  fhall  appoint  the  particular  Times 
fometime  between  th.e  Firft  Bay  of  October  and  the  laft  Day  of  April,  following  the 
Date  of  the  (aid  Court's  Order,  and  fhall  nominate  and  appoint  Two  able  ana  in- 
telligent Freeholders  within  every  Canton  or  Diitrict,  to  fee  liich  FroceiTioning  per- 
formed :  And  the  faid  Freliolders  lb  appointed,  are  hereby  obliged  to  make  a  due 
Return,  and  give  an  Account  of  their  Proceedings  to  the  Precindt  Court  next  follow- 
ing fuch  ProcelTioning,  of  every  particular  Perfon's  Land  by  them  proceffioned,  and 
who  were  prefent  at  the  Time,  and  alio  to  give  a  particular  Account  of  what  Lands,' 
within  their  Cantons  or  Diftricts,  they  fhall  have  failed  to  proceflion,  together  Vv'ith 
their  Reafons  for  fuch  Failure. 


Veftry  to  appoint 
thcTimcsof  ptu. 
ctffi'niiig. 


Procfffioncrs  to 
make  I'.eiurn  of 
their  Proc-,<d:pf5 
to  ihtncxtCcurc, 


II.  J  N  D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Clerk  of 
every  refpe'ftive  Precintt  Court,  is  hereby  enjoined  and  direfted  to  deliver  to  the 
Church-Wardens  of  every  Parilh  within  his  Precinct,  a  Copy  of  the  faid  Court's. 
Order,  v/iihin  Fifteen  Days  after  the  paffing  the  fame ;  and  that  the  faid  Church- 
Wardens  fliall  be  obliged,  within  Ten  Days  after  the  Receipt  of  fuch  Order,  to 
appoint  a  Veflry  to  meet-,  and  the  faid  Church- Wardens  and  Veflrymen  are  to  lay 
out  their  laid  Pariili  in  as  many  Cantons  or  Diftrids  as  to  them  fliall  feem  conveni- 
ent, and  to  nominate  and  appoint  tv/o  indifferent  PVeeholders  as  aforefaid :  Which 
Freeholders  fo  appointed,  are  required  to  go  with  the  Freeholders  and  Inhabitants, 
v.'ithin  their  Diftricis  or  Cantons,  round  the  Bounds  of  every  Perfon's  Land  within 
the  fame,  and  renew  the  Marks  of  the  faid  Land. 


clerk  to  deliver 
the  Churchwar-, 
(iena  a  C«py  of 
the  C"urtslhder 
in  !<;  D.iy!  ;  irt 
lo  Djjs  :if'rei- 
which,  Vrft  y  to 
by  out  thfi'arifh 
intoDiftrift?,  & 
to  appoint  Fio- 
ctfiiuiicrs. 


III.  AN  D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Juilices  of  ci. 
each  Precinft  are  hereby  required  to  cau'e  the  Returns  fo  made  by  the  faid  Procef-  ''" 
fioners  to  be  fairly  entered  into  v/eil  bound  Books,  kept  for  that  Purpcfe,  by  the 
Clerk  of  the  Precincl  Court ;  and  to  prevent  Miilakes  in  the  recording  the  faid  Re- 
turn, the  Clerk  of  the  faid  Court  fliail  be  obliged,  at  the  next  fucceeding  Court, 
to  produce  and  compare  the  Return  with  the  Record,  and  afterwards  to  file  the  faid 
Return  in  his  Office  :  And  as  an  Encouragement  for  the  faid  Clerk's  faithful  Dif- 
charge  of  the  feverai  Duties  above  mentioned,  it  fhall  and  may  be  lawful  for  him  to 
ai'k  and  demand  the  Sum  of  Twelve  Pence  of  every  Perfon  for  all  his  or  her  Lands 
that  are  returned  proceirioned,  and  recorded  within  that  Precindt. 


'.rk  to  legifier 
Returns. 


Clerk's  Fee  izi. 


tilt 

for    Nfslfft    of 
their  Duty. 


IV.  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  where  the  Juf-  Perrons  mentim- 
tices  of  any  of  the  Precinct  Courts,  Vefcry  and  Church- Wardens,  Freeholders  or  ^"hat"  to"' ^*^' 
Clerk,  fhall  fail  or  negledt  doing  their  Duty  herein,  or  hereby  enjoined,  each  and 
every  Juftice  fo  failing,  fhall  forfeit  and  pay  the  Sum  of  P'ivc  Pounds ;  the  Church- 
Wardens  and  Veflry  failing  to  do  their  Duty  as  aforefaid,  fliall  forfeit  and  pay  the 
Sum  of  Five  Pounds ;  and  the  Freeholders  who  fliall  be  nominated  by  the  Veftry  in 
their  feverai  Diftrifts  or  Cantons,  refufing  to  do  their  Duty,  fliall  forfeit  and  pay  the 
Sum  of  Five  Pounds ;  and  the  Clerk  of  each  refpedive  Frccindl  Court  negleftinn- 
or  refufing  to  do  his  Duty  as  by  this  Law  required,  fhall  forfeit  and  pay  the  Sum 
of  Ten  Pounds  :  All  which  aforementioned  Forfeitures  and  Fines  fhall  be,  one  Half 
to  the  Informer,  the  other  Half  to  the  Church- Vv^arciens  and  Veftry,  for  and  towards 
the  Ufe  and  Benefit  of  that  Parifli  in  which  fuch  Default  happened  :  To  be  recovered 
by  A6tion  of  Debt,  Bill,  Plaint,  or  Inform.ation,  in  any  Court  of  Record  within 
this  Government ;  wherein  no  Eflbin,  Injunftion,  cr  Wager  of  Law,  fliall  be 
allowed  or  admitted  of. 


Hew 


V.  AND  forafmuch  as  no  Provifion  has  been  made  in  this  Aft,  to  compell 
fuch  Pcrfons  who,  out  of  an  obftinatc  Temper,  fliall  refufe  to  have  their  Lands  pro- 
ceOioned,  to  the  Damage  of  the  Owners  of  adjacent  Lands  ;  Be  it  Enabled,  That 
then,  and  in  fuch  Cafe,  all  and  every  Perfon  or  Perfons  fo  refufing  to  have  ther  Lands 
proc^lTioned,  purfuant  to  the  Direftions  in  this  Aft  given  them,  the  two  Freeholders' 
FroceiTioners  as  aforefiid,  fliall  caufe  fuch  Refufal  to  be  certified,  in  Writing,  to 
the  next  fucceeding  Precinft  Court  •,  which  Court  is  hereby  imjjowcred  and  recaiired 

to 


I'crf.-ns  rofufins 
In  have  tieir 
Lands  pr'-celjion- 
od,  Court  to  or, 
der  the  Suiveyi  r, 
&c.  to  lay  it  lut,. 
at  \he  Ch.irg''  i  V 
the  IVtfon  reful- 


32 


LAWS     of    North-Carolina. 


J.  D.    1723. 


To  be  entered  on 
Record  the  ntxC 
Court, 

Peifons  failing 
their  Duty,  liable 
to      th;       b.foic 
rientioned    I'tn- 


l.snds  have  b^cn 
twice  pr.)cefli  n- 
cd,  deeined  fole 
Own.rs. 


Kot  to  bar  Per. 
Sons  unler  As^c, 
feme  Coverti, 
&e. 


Ptr'or.s  {iTtit-on- 
in;  to  lapfe  Lands 
belonging  to  Or- 
phins,  to  g;ve 
the  Guardian  30 
Djvs  No'ice  ;  & 
if  he  refills  to 
take  it  up  for 
thi;  Orphan,  le 
fliall  be  remoMed 
from  his  Gaar- 
dbndi-p  by  the 
Governor,  and 
liable  fo.  all  Da- 
mages to  the  Or- 
phan. 


to  command  the  Surveyor-General,  or  his  Deputy,  attended  widi  four  reputable 
Freeholders,  who  fhall  be  i»::^ninated  and  appointed  by  the  faid  Court  for  that  Pur- 
pofe,  and  fworn,  to  lay  out  the  Bounds  of  the  faid  Lands,  to  the  bed  of  their 
Judgment  and  Underftanding ;  and  according  as  it  fhall  appear  to  them  by  Deeds, 
Writings^  or  other  Evidences,  they  fhall  proceed  to  fettle  the  Bounds  of  the  faid 
l^ands,  at  the  proper  Coils  and  Charges  of  the  Pcrfon  refufing  to  have  the  faid 
Bounds  laid  out  •,  and  the  faid  Surveyor  General,  or  his  Deputy,  iliall  return  the 
Survey  thereof,  with  the  Proceedings  thereon,  to  the  next  Precinct  Court,  thei-e 
to  be  recorded,  by  the  Clerk  of  the  laid  Court,  in  a  Book  for  that  Purpofe ;  which 
Bounds  and  Survey  made  in  Manner  aforefaid,  fhall  be  taken  and  deemed  a  fuffici- 
ent  proceTicning,  as  if  the  fame  had  been  dene  by  the  Confent  of  the  Party  :  And 
if  any  of  the  faid  Juftices,  or  the  Surveyor,  Clerk,  or  Freeholders,  not  having  a 
lawful  Excufe,  fliall  fail  in  his  or  their  Duty,  as  by  this  Act  is  enjoined  and  directed, 
he  or  they  fo  failing,  fhall  forfeit  and  pay  the  fame  Penalties  as  before  in  this  Act  is 
laid  on  the  faid  Juftices,  Church-Wardens,  Vcftry,  and  ProcefHoners,  faiUng  in 
their  Duty  ;  to  be  recovered  in  like  Manner,  and  to  the  faiTiC  IJfes. 

VI.  AND  he  it  further  Enacted,  by  the  Authcrity  aforefaid.  That  all  and  every 
Perfon  v/hofe  Lands  fliall  be  proceflloned  to  him,  according  to  the  Directions  of  this 
Act,  at  two  feveral  Lim.es,  iuch  Perfon  fhall  be  deemed  and  adjudged  to  be  the  fole 
Owner  of  the  faid  Lands  \  and  that  upon  any  Suit  commenced  for  any  fuch  Lands, 
the  Party  in  PolTeflion  may  plead  the  General  Iflue,  and  give  this  Act  in  Evide.ice. 

VII.  PRO  FID  E  D  always.  That  the  prccefTioning  of  the  Lands  of  a  Tenant: 
for  Life,  fliall  not  bar  or  preclude  the  Heir  in  Reverfion  or  Remainder ;  neither 
fhall  any  procelTioning  bar  or  preclude  Perfons  under  Age,  Feme  Coverts,  ncn 
compos  Mentis,  imprifoned,  or  out  of  the  Government :  But  that  all  fuch  Perfon  or 
Perfons  fhall  have  free  Liberty  to  fue  for,  and  difpute  the  Title  and  Bounds  of  any 
Lands  within  this  Province  ;  provided  that  the  faid  Perfon  or  Perfons  commence 
Suit,  and  profecute  the  fame,  within  the  Time  already  limited  by  the  Laws  of  this 
Government,  after  the  Removal  of  fuch  Difability. 

VIII.  AND  whereas  lapfe  Patents  are  accuftomed  to  be  granted  to  the  iirft 
Petitioners  for  all  fuch  Lands  which  are  not  feated  and  planted  according  to  the  Con- 
dition or  Provifion  mentioned  in  the  refpective  Patents,  which  has  often  proved  to 
be  the  Ruin  of  Orphan  Children  (whofe  Parents  have  died,  leaving  Lands  unfeated) 
by  Neglect  of  Guardians  and  Truftees,  in  not  fettling  and  fecuring  the  fame  in  due 
Time  :  For  Prevention  whereof  for  the  future.  Be  it  Ena^Jcd,  by  the  Authcrity  afcre- 
faid.  That  whofoever,  for  the  future,  fhall  petition  for  the  lapling  of  any  Land  be- 
longing to  any  Orphan  or  Orphans,  fuch  Perfon  fo  petitioning  fhall,  and  he  is  hereby 
required  and  commanded,  to  give,  at  leafl,  Thirty  Days  Notice  of  fuch  Petition's 
being  lodged,  to  the  Guardian  or  Truftee  of  fuch  Orphan,  before  the  next  Council 
after  the  Petition  is  lodged  ;  and  in  Cafe  the  faid  Guardian  or  Truflce,  after  fuch 
Notice  given,  fliall  refufe  and  neglect  to  appear  at  the  faid  Council,  and  there  take 
out  a  Patent  for  the  faid  Land,  in  the  Name  of,  and  to  the  Ufe  of  fuch  Orphan  or 
Orphans  (who  fhall,  de  future,  have  the  Preference  in  lapfing  fuch  Lands  as  are 
hereditary  to  him  or  her)  fuch  Guardian  or  Truflee  fhall  be  removed  by  the  Gover- 
nour  and  Council,  or  Precinct  Court,  from  his  Guardianfhip,  and  fhall  be  fubject 
to  the  Suit  of  the  Orphan,  and  to  anfwer  all  Damages  which  the  Orphan  fhall  fuf- 
tain  by  Reafon  of  his  Neglect. 


Pfcamblc, 


CHAP.      V. 

An  Aci,  for  tin  additional  Tax  on  all  free  Negroes^  Mulattoes^  Miiflees,  and  fuch  Per- 
fons, Male  and  Female,  as  now  are,  or  hereafter  fhall  be,  intermarried  is^ith  any  fuch 
Perfons,  refident  in  this  Government. 
I,  TITTHEREAS  Complaints  have   been  made  by  divers  Freeholders,   and 
Y  V     other  Inhabitants  of  this  Goverment,  of  great  Numbers  of  free  Negroes, 
Mulattoes,  and  other  Perfoas  of  mixt  Blood,  that  have  lately  removed  themfelves 

into 


L  A  W  S     of    N  o  R  T 


A  R  C  L  I  N  A. 


33 


into  this  Government,  and  that  feveral  of  them  have  intenp.arried  with  the  white    ^-  ^-   1723- 
Inhabitants  of  this  Province  ;  in  Contempt  of  the  Acls  and  Lav/s  in  thofe  Cafes 
made  and  provided  : 

ir.  BE  it  EnaHed  by  his  Excellency  the  Palatine,  arJ  the  Reft  of  the  true  and  ahfo^ 
lute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  of  the  reft  of  the 
Members  of  this  prejent  General  Ajfembly^  noiv  met  at  Edenton,  for  the  North  Eaft 
Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fay,.e.  That 
all  free  Negroes,  Mulattoes,  and  other  Peribns  of  that  Kind,  being  mixed  Blood, 
including  the  Third  Generation,  who  are,  or  hereafter  fhall  be,  Inhabitants  or 
Refiients  in  this  Government,  both  Male  and  Female,  who  are  of  the  Age  of 
Twelve  Years  and  upwards,  fhalJ,  from  the  Ratification  of  this  Ad,  be  deemed 
and  taken  for  Tithables  ;  and  as  fuch,  each  and  every  of  them  Ihall,  Yearly,  pay 
the  fame  Levies  and  Taxes,  as  the  other  tithable  Inhabitants  do  ;  and  fhall,  and  are 
hereby  made  liable  to  pay  the  fime  yearly,  to  fuch  Perlbn  or  Perfons,  in  fuch  Manner, 
and  at  fuch  Times  and  Places,  and  to  be  fubject  to  fuch  Fines  and  Penalties,  as  in 
and  by  an  Aft,  intituled.  An  Act  for  making  the  Sum  of  Twelve  Thoufand  Pounds, 
Public  Bills  of  Credit,  -or  exchanging  fuch  of  the  Public  Bills  of  Credit  as  are  now  cur- 
rent, thereby  to  render  them  the  more  ufefd  to  the  Government ;  and  for  regulating  the 
Taxes  -,  which  the  other  Inhabitants  of  this  Province,  being  Tithables,  are  obliged 
and  fubject  to.  .^ 


Free  Nfgroff, 
Mulattoes.    Sec. 
dcctncdXirliableJ 
.Tt  the  Age  of  12 


This  Aa  obfo. 
Itte  ;  to  pay  ac 
cording  to  A£i 
1760,   chjp.     2, 


III.  AND  be  it  further  Enacteio  by  the  Authority  aforefaid.  That  from  and  after 
the  Ratification  of  this  Act,  any  white  Perfon  or  Perions  whatfoever,  Male  or  Fe- 
male, Inhabitant  of  this  Government,  or  that  may  or  fhall  remove  themfelves  hi- 
ther from  other  Parts,  that  now  is,  or  hereafter  Ihall  be,  married  with  any  Neo-ro, 
Mulatto,  Mullee,  or  other  Perfon  being  of  mixed  Blood,  as  aforefaid,  fhall  be,  'and 
are  hereby  made  liable  to  the  fame  Levies  and  Taxes,  as  the  Negroes,  Mulattoes,  and 
other  mixed  Blood,  as  herein  above  is  exprefled ;  and  it  is  the  true  Intent  and 
Meaning  of  this  Acf,  that  all  and  every  of  the  aforefaid  Tithables,  removing  them- 
felves into  this  Government,  Ihall  pay  the  Levies  and  Taxes  affeffed  for  the  Year 
they  come  hither ;  provided  they  come  before  the  Tenth  Day  of  June  in  that 
Year,     (b)  ^         "^ 


White  Perfoni 
intermarrying 
with    Negroes, 
&c.  liable  to  tKc 
fame  Taxes. 


CHAP.     VI. 

An  ASi,  for  the  better  afcertaining  Naval  Officers  and  Collectors  Fees. 

CHAP.       y.     An  additional  Act,  to  an  A^,  intituled^  An  Ad,  for  Quahfica- 
tion  of  Public  Officers.     O  B  S. 

8.  An  AEI,  for  deftroying  of  Squirrels.     R  E  P.  »• 

9.  An  Act,  for  regulating  Proceedings  on  original  Attachments. 


CHAP.     X. 

An  additional  Act,  to  an  A1,  intituled.  An  Ad,  concerning  proving  Wills,  and 
granting  Letters  of  Adminiilration  ;  and  to  prevent  Frauds  in  the  Management 
of  Inteifates  Eftates. 

I-  T  Tf  r  H  E  R  E  A  S  it  has  been  cuftomary  for  Executors  or  Adminiflrators  to 

V  V     bring  the  Ellates  of  deceafed  Perfons  to  Appraifments  ;  which  Appraif- 

mcnts  have  generally  been  much  fhort  of  the  true  Value  of  the  fame  ;  to  the  oreat 

E  Detriment 


Repeal' J  byAdt, 
April  6,  174S, 
Chap,  2. 


RepeaPdbyAa, 
D.c.  5,  1746, 
Chap.  2. 


See  Afls   palTed 

1715,  chap.  48. 
1766,  ch^p.   3. 


Preamble, 


(ij  The  4:h,  5th,  and  6th  Sedions  of  this  Ad^,  relative  to  Slaves  being  let  free,  repealed  bv  the 
Servant  and  i'Live  Aft. 


34 


LAWS     of    North-Carolina. 


Deceafed  Peitons 


J.  D.  1723.    Detriment  of  the  Creditors  and  Kindred  of  the  Pcrfon  deceafed  :  For  Prevention  of 
the  like  for  the  Future  ; 

II.  B  E  it  Enacted  hy  his  Excellency  the  Palatine,  and  the  Rejl  of  the  true  and 
abfoliite  Lords  Proprietors  of  the  Province  of  Caroliiia,  by  and  u-ith  the  jidvice  and 
Ei>3te?,  how  10  Confent  of  the  Refl  of  the  Members  of  the  General  Affemhly^  now  met  at  Edcnton,  for 
''^  *"'''•  the  North  Eaft  Part  of  the  f aid  Province,  and  it  is  hereby  Enacted  by  the  Authority  of 
'"-  the  fame,  Th?.t  from  and  after  the  Ratification  of  this  Aft,  all  and  every  Execu- 
tor or  Executrix,  Adminiftrator  or  Adminiftratrix,  fliall,  fome  Time  before,  or  at 
the  next  Precinft  Court  after  his,  her,  or  their  entering  on  the  Adminiftration  of 
any  deceafed  Ferfon's  Eftate,  draw,  or  caufe  to  be  drawn,  a  juft,  true,  and  perfe6l 
Inventory  of  all  the  Goods  and  Chattels  of  the  Deceafed,  (fuch  only  excepted  as 
by  the  afore-mentioned  former  Law  are  referved  to  remain  to  the  Ufe  of  Orphans 
not  of  Ao-e  till  they  arrive  to  full  Age,  or  fuch  as  are  by  fpecial  Legacies  particu- 
larly bequeathed  ;)  which  Inventories  fhall  be  exhibited  at  the  refpedtive  Courts  of 
the  Precinft  in  which  the  faid  Goods  are,  and  attefted,  on  Oath,  by  the  Pcrfcns 
exhibitino-  the  fame  ;  and  a  Copy  of  which  Inventory  fo  exhibited  and  attefted,  the 
Executor  or  Adminiftrator  ftiall  caufe  to  be  affixed  at  the  Court-houfe  Door  of  the 
Precinft,  during  the  Court's  fitting,  giving  Notice,  that  on  the Day  of  ■ 


(which  Ihall  be  fome  Days  before  the  next  fucceeding  Court)  the  faid  Goods  will 
be  expofed  to  public  Sale,  to  the  higheft  Bidder,  at  the  Place  where  the  faid  Goods 
are  relerved  and  kept  \  and  the  Executors  or  Adminiftrators  fliall,  on  Oath,  render 
a  true  Account  of  fuch  Sale  to  the  next  Court  Immediately  fucceeding  luch  Sales, 
and  fliall  accordingly  be  accountable  for  the  fame  to  fuch  Perfons  as  in  the  afore- 
mentioned former  Law  is  provided. 

All  the  Eftate  cf        HI.     A  N  D  in  Cafc  tlie  Eftate  of  any  Pcrfon  deceafed  ffiall  be  fo  far  indebted 

deceafed  Perfons    ^s  that  thc  Dcbts  cannot  be  dil'charged  by  the  Sale  of  what  are  deemed  perifliable 

iu'r'd?''';o'p!y    Commodities  -,  Be  it  further  EnaHed,  That  then  and  in  fuch  Cafe,  the  Executor  or 

theh  D-bts.         Adminiftrator  Ihall,  and  they  are  hereby  impowered  and  required,  to  expofe  to  Sale, 

in  like  Manner  as  aforefaid,  by  the  Diredions  of  the  Precinct  Court,  fuch  Part  of, 

and  fo  many  of  the  unperifliable  Goods,  direfted  by  the  before-mentioned  Aft  to 

be  kept  and  referved  in  Kind,  as  will  pay  and  fatiify  all  fuch  Debts  and  Demands. 

t-pcies,   &c.  IV.     AND  whereas  fome  Doubts  have  arifcn  concerning  the  Manner  of  Reco- 

h.wto  bereco.  ^^^^  of  Legacics,  filial  Portions,  and  other  Parts  of  deceafed  Perfons  Eftate s-.  Be 
it  further  Enatfed,  That  it  fliall  and  may  be  lawful  to  recover  the  fame  by  Petition, 
according  to  the  refpeftive  Sums  fued  for,  in  the  General  or  Precinft  Courts  of  this 
Province,  as  well  as  in  any  Exclefiaftical  or  other  Court  whatfoever. 


vcrcd 


C  H  A  P.     XI. 

s-e  Aa  Nov.m.    An  A51  to  refrain  the  keeling  too  great  a  Number  of  Horfes  ajid  Mares,  end  for  amend- 
176?,  chap.  9.  '  -^^  fjy^  Breed. 

E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
^^  abfolnte  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  zvith  the  Ad- 
vicTand  Confent  of  the  reft  of  the  General  Afjembly,  now  met  at  Edenton,  for  the  North 
No  Perfon,  not  Eaft  Purt  of  thc  faid  Province,  and  it  is  hereby  Enacted,  hy  the  Authority  of  tht  fa.me, 
or'o  A^r  &'c'!  That  no  Perfon,  being  an  Inhabitant  of  this  Government,  and  not  having  a  Free- 
to  keep  a  siaiuon  hold  of  Fifty  Acres  of  Land,  or  pofiefl^ed  of,  or  occupying  Lands  or  Tenements, 
t"an'"/'GcMing  H^all  IvCcp,  as  Owncr,  a  Stone  Horfe  or  Horfes,  or  unfpayed  Mare  or  Mares,  or 
or  fpayed  Mare,    atiy  morc  than  one  Gelding,  or  fpayed  Mare  to  run  at  large. 

running  at  large. 

II,  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  Perfon, 
Perf.ns  keeping  HOt  qualified  as  aforcfaiJ,  fliall  keep  any  Plor  e  or  Mare  running  at  large,  except 
iuUions,  &c."    one  Gelding,  and   one  fpayed  Mare,  as   aforefaid,  it  fliall  and  miy  be  lav.ful  for 

sny 


LAWS 


oj 


N  O  K  T  JI  -  C  A  R  O  L  I    N  A. 


.O 


any  Perfon  to  take  up  the  fame,  who  is  htrreby  obliged  and  directed  to  give  Notice 
thereof,  in  Writing,  to  the  Owner,  within  I'hree  Da.ys  af  tei*  iuch  taking  up ;  which 
Owner  fhall  have  Liberty  to  appear  at  the  next  I'ucceeding  Court  of  the  County 
wherein  he  dwelleth,  and  if  he  can  prove,  to  the  Satisfaction  of  the  faid  Court, 
that  he  is  qualified  according  to  Lhe  Meaning  of  this  Adl,  to  keep  fuch  Horie  or 
Mare  fj  taken  up,  he  Ihall  have  the  f:i.ne  restored  ;  but  if  he  fhafl  fail  in  his  Proof 
aforelaid,  lie  fliall  pay  to  the  Perfjn  "taking  up,  Twenty  Shillings  for  every  Horfe 
or  Mare  fo  taken  up  :  And  if  the  Owner  of  iuch  Horle  or  Mare  Ihall  refufe  to  pay 
the  aforelaid  Su;ii  ot  Twenty  Shiliings,  that  then  it  lliall  and  may  be  lawi'ul  for 
the  Taker  up  of  Iuch  Horfe  or  Mar.',  to  ieil  the  fame,  at  public  Vendue,  to  the 
highell  Bidder ;  and  one  Half  of  the  Money  anfing  by  iuch  Sale  to  take  to  himfelf, 
and  the  other  Half  he  Ihall  deliver  to  the -Owner  of  Iuch  Horle  or  Mare. 


A.  D.    1723. 


contr 


III  A N D  be  it  furthe:- Enacted^  by  the  Authority  aforefaid.  That  where  the  In- 
formation of  the  taking  up  01  iuch  Piones  or  unipayeu  Mares  as  aforelaid,  fliall 
happen  to  be  made  to  the  Owner  or  Owners  wichm  kls  than  Ten  Days  before  the 
Time  of  the  litcing  ot  the  Court  of  the  Precinct  where  fuch  Owner  refides,  in  fuch 
Cale  he  fliall  have  L,ib:rrty  to  appear  at  the  next  fucceeding  Court  after  iuch  Court,  '"^c^urt 
to  prove  himielt  a  r'reehokier,  or  pofTeffed  of,  or  occupying  Lands  or  Tenements. 


ir  N.  tice  he  ci- 
ven  in  Icfb  than 
Ten  Days  fitf  re 
(he  C.  uri,  Ow- 
ner may  appear 
at  next    fucceed- 


(a)  IV.  AND  be  it  further  Enacted^  by  the  Authority  afcrefaid\  That  no  Perlon 
or  Perfons  vvhatfoever.  Inhabitants  ol  this  Government,  Ihaii  luiTer,  or  let  go  at 
large,  any  Stone  Horle  or  Ston^  Hories  of  Two  Years  old,  unlels  fuch  Horfe  or 
Horfes  fhall  be,  at  leaft.  Thirteen  Hands  in  Height,  upon  Penalty  of  forfeiting 
fuch  Horfe  or  Horfes,  or  the  Sum  of  Three  Pounds,  to  the  Taker  up  of  every 
fuch  Stone  Horfe  ;  provided  the  lame  be  found  running  at  large,  and  not  within 
the  Coniine  of  any  Fence,  Water,  Marfli  or  Swamp. 

V.  AND  be  it  further  EnaHed^  by  the  Authority  aforefaid.  That  the  Taker  up 
of  fuch  Stone  Horfe  iliall,  wkliin  Ten  Days  after  the  taking  up  thereof,  carry  the 
fame  Horfe,  and  make  Oath^  before  fome  Julfice  of  the  Peace,  of  his  taking  up 
the  fame  ;  which  Proof  being  made,  the  Juitice  fhall  caufe  fuch  Stone  Horfe  to 
be  meafured,  and  upon  finding  him  not  full  I'hirteen  Hands  high  at  Two  Years 
old  as  aforelaid,  the  Juftice  fhall  give  a  Cerficate,  from  under  his  Pland,  certifying 
the  fame  ;  and  thereupon  the  Taker  up  of  fuch  Horle  or  Horfes  fo  doing  fhall  keep 
the  fame,  until  the  Owner  fliall  redeem  fuch  Horfe  or  Horfes,  by  paying  the  Sum 
of  Three  Pounds  aforefaid  to  fuch  Taker  up. 

VI.  PROVIDED  neverthelefs,  and  it  is  hereby  required^  That  fuch  Taker  up 
fliall  let  up  Advertifements,  defcnbing  the  faid  Horfe  or  Plorfes,  with  his  or  their 
Colour  and  Brand,  at  the  Precinct  Court-Houfe  Door  where  fuch  Owner  fliall  live 
or  refide  ;  and  if  the  Owner  of  fuch  Horfe  or  Horfes  ihall,  within  Ten  Days  after 
fuch  Notice  given,  tender  to  the  Taker  up  thereof,  by  paying  the  Sum  of  Three 
Pounds,  or  giving  Security  for  the  Payment  thereof,  that  then,  and  in  fuch  Cafe, 
fuch  Owner  Ihall  recover  and  redeem  fuch  Horfe  or  Horfes  -,  otherwife  the  Taker 
up  thereof  is  hereby  intitled  to  the  Right  and  Property  of  iuch  liorfe  or  Horfes : 
iiny  Law,  Ufage,  or  Cuftom  to  the  contrary  notv/ithflanding. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  nforefAd,  That  no  Part, 
ClaU  e  or  Thing,  contained  in  this  Ail,  ihall  take  Place,  or  be  in  Force,  till  after 
the  Firft  Day  of  July  next,  after  the  R4Lificati-.n  hereof. 


No  Perfon  to  let 
Stallions     Jefs 
than     13    H.indS 
high,  go  at  large. 


Taker  up  of  fuch 
Stallirns  to  carry 
the  fame  htfure 
3  Juftice,  within 
Ten  Djys,  and 
make  Oath  v* 
the  fame. 


Tdker  up  to  fet 
up  Notes,  de« 
fctibing  fuch 
Horfr,  and  the 
Owner,  within 
10  Days,  paying 
3  1.  to  have  him 
reftorcd  j  other- 
wife  to  lofe  hirn. 


CcmmencPincnt 
of  this  A£^. 


CHAP.     XII. 


Ai  A5f  for  enlarging  and  Encouragement  of  the  Town  at  the  IJlcnd  of  Roanoke,    now 

called  Carteret.     O  B  S. 

E  2  CHAP. 


(aj  The  4th  Ciaule  of  this  Aft  alteied,  by  Aft  Nov.  1768,  Chap.   9. 


Town  of   New. 
iii-rn  cllablifhed. 


36  L     /^    ^/^  5       0/      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

J.  D.  1723.  CHAP.    xm.  ,' 

An  Act  for  the  better  [ettlifig  the  'Tcjon  ij/ Nev/'oern,  in  the  PrecinU  c/ Craven.     -^ 

Pricitc,  I.  "¥  "¥  7  H  E  R  E  A  S  a  certain  Plot  of  Ground,  being  Part  of  a  Tra6l  of  Land, 

V V  ^yii^o  '^^  '^'"'^^  Fork  of  Neufe  River,  iatc  btlcn^ing  to  the  Pion^airable 
Colonel  Thomas  Pollock,  deceafed,  but  now  the  Property  cl  Mr.  Ci.Ucn  Pollock,'  wai 
formerly  laid  out  into  a  Townfliip,  by  the  Name  o^  Neivbern,  v/ith  proper  Allot- 
ments tor  a  Church,  Court-Houie,  and  Market-Place  -,  as  by  a  Plot  or  Draught, 
upon  Record  in  the  Clerk's  Office  oi  Craven  Precinft  Court,  will  mere  plainly  ap- 
pear: Therefore,  for  the  Advancement  of  the  laid  Town, 

II.  Be  it  EnaHed,  by  his  Excellency  the  Palatine,  and  the  Reft  of  the  true  and  ah- 
fclute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  ivith  the  Adzice  and  Con- 
fen  t  of  the  reft  of  the  Members  of  the  General  AfJenMy,  now  met  at  Eden  ton,  jcr  the 
North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Anther  ty  of 
the  fame.  That  the  laid  Land,  as  it  is  already  laid  out  by  the  fi^id  braught,  tcgtiiier 
with  as  much  other  Land  lying  contiguous  and  moft  convenient  to  the  kiid  1  own, 
to  compleat  a  Townfhip,  as  lliall  make  the  vA-\o\<t  'i  wo  Hundred  ana  Fifty  Acres, 
referving  to  the  Owners  thereof  the  Property  of  iuch  Lots  as  arc  lold  ahe^dy  by 
William  Hancock,  Attorney  of  the  faid  Col.  Ttomas  Po.'loik,  is  hereby  and  hencuv.r- 
ward  invefted  in  Mr.  Ctdlen  Pollock,  Mr.  JVilliam  Hancock,  Jun.  ana  RicLaru  Craves, 
or  any  of  therii,  for  the  Ufe  aforefaid,  declared,  confirmed,  and  incorporated  iiito 
a  Townfhip,  by  the  Name  of  Neivbern ;  with  all  Privileges  which  ever  have  be- 
longed to  the  faid  Tov/n,  or  fhall  hereafter  be  expreffed,  ior  ever. 

Places  for  Court  III.  PURSUANT  to  which,  //  is  hereby  EnaEfcd,  by  the  Authority  afcrefaid, 
K;  ^''  '"  That  the  Places  already  laid  out  for  a  Church,  Court-FIoufe,  and  Market- Jr^iace, 
be  referved  for  thofe  Ufes  -,  and  that  the  Reft  of  the  Land  not  already  laid  our,  be 
forthwith  laid  out  into  Lots  of  Half  an  Acre  each,  with  convenient  Streets  and 
Paflages,  with  Fronts  belonging  to  the  faid  Lots,  by  the  faid  Truftees,  or  any  of 
them,  (a) 

Pfrfon-,  jfyinc:  VII.  AN D  be  it  fuTthcr  E7tacted,  by  the  Authority  aforefaid.  That  if  any  Perfon  or 

rav^'.gnJ'H^'i'rs'    Pcrfons  lliall  die  pofleffed  of  any  of  the  faid  Lot  or  Lots,    without  leaving  Heirs, 

to  revert  to  the    or  without  making  of  a  Will  of  the  faid  Lot  or  Lots,  that  then,  and  in  fuch  Cafe, 

lopiietor.  ^j^^  abfolute  Fee  fhall  come  and  revert  unto  the  faid  Cidlen  Pollock,    liis  Heirs  and 

AfTigns,  forever;    notwithflanding  any  Thing  contained  in  an  Aft,  intituled.  An 

A£I  concerning  Efcheat  Lands  and  Efcheators,  or  any  other  Law,  Cuftom,  or  Ufage, 

to  the  contrary. 

CHAP.     XIV. 

An  additional  Act  to  an  Act,  intituled.  Staple  Commodities  rated.     O  B  S. 

CHAP.     XV. 

«d,  but  'h-' '    An  Act  for  incorporating  the  Sea  Port  0/ Beaufort,    in  Carteret  Precinct,  into  a  Tcwn- 
l^:,  i;  S;  /^A  ^y  ^^^^  ^^--^^  "/  Beaufort. 


Srptcmb.    1756, 
Chap   9. 


SIGNED     by  W  i  l  l  i  a  m  R  e  e  d,  Efq-,    Prefidcnt. 

r.  Pollock,  Chr.  Gale, 

M.  Moore,  John  Lovick. 

Lords  Proprietors  Deputie.';. 
Edward  Mofeley,  Speaker. 

ANNO 


(a)     The  4th,    5th,    6th,    8th,    and  9th  Ssftions  of  this  Aft,   p.'-ovided  (ot  by  Ad  Sept.  1756, 
Chap.  12, 


L  A  V/  S     of    North-Carolina. 


■<  -T 


J.  D.    J 727. 


ANNO       R  E  G  N  I 

ORG  ^  I   I    II, 

R     E     G     I     S, 

MAGN/E     BRITANNIA,     FRANCIS,     &     HIBERNI^E, 

P     R     I     M     O. 


At  a  General  Biennial   ASSEMBLY,    held  at  Edenfon,  In    Choit'afi   s;r  richaro 

E  V  E  R  A  i<  D, 

Preclndl,  the  Sixth  Day  of  November,   One  Thoufand  Seven  Hundred    ^''"""'• 


and  Twenty  Seven. 


CHAP.     I. 

An  Act  to  cv.ccttrage  the  tanning  of  Leather  in  this  Province. 

C  H  A  P.   2.  An  Act  for  regulating  Toivns,  and  Elections  of  Burgejfes.     REP. 

3-  rin  .:ct  to  regulate  Trade  in  Bath  County.     REP. 

4.  An  Act  for  encouraging  and  facilitating  Navigation  in  this  Province.  REP.. 

5.  An  Ad  to  encourage  defraying  of  Vermin.     EXP. 

6.  An  Act  for  enlarging  and  confirming  the  Po-wer  of  the  Precinct  Courts^ 

and  to  prevent  Actions  and  Indictments,    of  fmall  Value,    being 
hrouzht  in  the  General  Court.     EXP. 


Repeal'd  by  Aft, 
Nov  27,  1729, 
Chap.  8. 


CHAP.      VII. 

An  AU  to  appoint  the  North- Weft  Part  of  Bertie  PreciiiH  a  diftinl^l  Parifh,    by  the  TbisPsrifo  ■^o^m 

Nar.ic  Df\he  North- Weft  ParifD  o/Beftie  Precinct,  and  for  appointing  Vefryvncnfor  ^-^'^[^^^  ^\  •\^' 

the  faid  Pnrifi  ;    and  to  appoint  Comimfioners  in  every  Parifj  in  this  ^  cvernment,  to  chap.  15. 
call  the  Churcb-JVardcns  end  Veftry  to  /iccount,  for  the  Parijh  Mcny  by  them  received. 

I.  "¥  "I  7HERE AS  many  Inconveniences  attend  the  Inhabitants  of  Eertie  Precind",    obWet..  aii  ^.j* 
VV     hy  Reafon  of  the  Lar.c-cnefs  of  the  Parifh,    it  includint?  the  v/iioie  Pre-    l?"^  *""'*  '^  ^'"'' 
cinct : 

II.  BE  it  Enacted  ly  his  Excellency  the  Palatine,  and  the  Rrf  of  the  true  end  r.bfo- 
lu.te  Lords  Proprietors  of  Carolina,  by  and  ivith  the  Advice  and  Confcnt  of  the  Reft  of 
the  Merd'srs  of  the  General  AJfembly,  no-iv  met  at  Edenton,  for  /iv- North  Eaft  Part 

of 


38  L  A  Pf^  S    o/'    North-Carolina. 

J.  D.  1727.  of  the  faid  Province,  and  it  is  hereby  Enacted  by  the  Authori:y  of  the  Javne,  That  the 
'  laid  ir'recind  be  divided  into  two  Pariihes,  as  follows :  From  the  Mouth  of  Wref- 
tann\  Greek,  up  the  faid  Creek,  to  the  Head  cf  /ihatfkey  Swamp,  from  therxe  a 
dired  Courfe  to  the  Head  oi  Bridger's  Creek,  thence  dov/n  the  faid  Creek  to  Roanoke 
River,  and  from  thence  a  South  Weft  Courfe  to  the  outer  Inhabitants  upon  Fifhing 
Creek. 


CHAP.     VIII. 

^A^fb  \^%'    ^^  A5i  for  regulating  the  Act,    For  appointing  indifferent  Jurymen,    and  to  repeal 
Chap.  8'.        '  that  Part  thereof  as  relates  to  Precindt  Courts, 

SIGNED     by 

Sir  Richard  Everard,  Governor. 
Chr.  Gale,  John  Lcvick, 

Edmond  Gale,  Ed.  Mofelcy, 

Richard  Sanderfcn,  Robert  IFefl, 

T.  Pollock,  JThomas  Harvey, 

Lords  Proprietors  Deputies. 
yohn-BaptiJla  Afh,  Speaker, 


^JKLJffe' 


AN?\0 


L  A  IV  S    of      NoKTH -Carolina. 


39 


i?/^r\?/« 


^^t&^H     ^-  ^-    '7^9- 


^^    ^^    «    ^:^    ^^    ^^     ^^     fc^    M    %:^    ^^    ^^    Je^ 

^-^^   ^^   ^^   1^-1   ^1C   ^:if    5r^    5P^   M    "^^   '^-^   ^^   ^^  v 


ii4i/^/j»4 


ANNO     R  E  G  N  I 


GEO 


G    I    I       II, 


REGIS, 

MAGN^     BRITANNIA,     FRANCIS,     &     HIBERNI^, 

T     E     R     T     I     O. 


At  a   General   ASSEMBLY,   held  at   Eae?2ton,  in  Chowan  Prccind",    |'VER^rro° 

Bart.  Gjvcinot, 

the   27th   Day   of  November ^    in  the  Year  of  our  Lord  One  Thoufand 


Seven  Hundred  and  Twenty-Nine. 


CHAP.     I. 

An  Act  for  thz  making  and  emitting  the  Sum  of  Forty  I'houfatid  Pounds,    Ptihlic  Bills 
of  Credit  of  North-Carolina.     O  B  S. 


CHAP.     II. 

An  Act  for  the  more  quiet  fettling  the  Bouhds  of  the  Meherrin  Indians  Lands. 

I.  TTTHEREAS  Complaint  is  made  by  the  Meherrin  Indians,  that  the  Engliflo 
y  y  People  difturb  them  in  their  Settlements,  by  coming  to  inhabit  and  tend 
Corn  among  them ;  and  alio,  that  their  Bounds  allowed  by  Order  of  Council, 
dated  October  the  Twenty  Sixth,  One  Thoufand  Seven  Hundred  and  Twenty  Six, 
did  not  extend  high  enough  up  from  tlie  Fork  of  Meherrin  Neck  :  For  Remedy 
whereof,  * 

II.  B  E  it  EnaBed,  by  his  ExccV.ency  the  Palatine,  and  the  reft  of  the  true  and 
ahfohite  Lords  Proprietors  0/ Carolina,  by  and  with  the  Advice  and  Confent  of  the  refi 
of  the  Members  of  the  General  Affembly,  now  met  at  Eden  ton,  for  the  North  Eaft 
Part  of  the  faid  Province,  and  by  the  Authority  of  the  fame.  That  the  faid  Order 
of  Council  bs  vacated,  and  that  the  hidian  B  junds  and  Limits  fhall  be  extended  as 
followeth,  vi-z.  Brginning  at  the  M^uth  of  Meherrin  River,  and  fo  up  the  River  to 
the  Mouth  of  Horfe  Pajiure  Creek,  formerly  called  Indian  Creek  ;  then  by  the  faid 
Creek  up  to  the  Fork  of  it;  then  by  the  North  Eaft  Branch  thereof  to  the  Plead  of 
the  fame  ;  xhin  by  a  ftraight  Line  acrofs  to  Chowan  River,  by  the  upper  Line  of 
Mulberry  Old  Field  Survey,  to  Sa'nuel  Pcivers  Lands ;  llien  along  the  various 
Courfes  of  the  Riv=r,  to  the  firil  StatiOn. 


III.      AND  be   it  afo  Enacted,    ly  the  Authority  aforefaid. 
People,  or  any  other,  Wv'iw'i  \.\  the  f;ii.1  Bounds,  fliall  move  oT, 


That   all   Engli/Jj 

;nd  uist  no  Perfon 

but 


Private, 


B  nnils     rf     the 
IndMn  Lands. 


White  People 


40  LAIfS     of    North -Carolina. 

J.  D.  1729.  but  the  faid  Indians  fhall  inhabit  or  cultivate  any  Lands  within  tlie  Limits  aforePaid, 
-^^ — ^'T"*^  while  the  faid  Indians  remain  a  Nation,  and  live  thereon  :  And  if  any  Perfon  fliall 
offend  againft  this  Acl,  on  Complaint  made  to  Mr.  John  Boude,  who  is  hereby  ap- 
pointed Commiflioner  for  the  faid  Indians,  he  fliall  grant  his  Warrant  to  the  Confta- 
ble,  requiring  him,  with  Aid  (if  Need  be)  to  remove  fuch  Perfon,  at  or  before  the 
Twenty  Fifth  of  December  next  enfuing  •,  and  any  Perfon  refufing  to  remove,  fliall 
be  brought  before  tiie  faid  Commiflioner,  and  upon  his  Conviction  of  the  fame, 
fhall  forfeit,  for  the  firft  Offence,  Five  Pounds  :  And  if  he  flill  perfift,  and  rcfufe 
to  go  off  from  the  faid  Lands,  after  Warning  from  the  Commiffioner,  or  by  his 
Order,  for  the  fecond  Offence  fhall  forfeit  the  Sum  of  Ten  Pounds,  and  for  the 
third  Time  of  his  fo  offending,  fhall  forfeit  Twenty  Pounds,  and  two  Months  Im- 
prifonment,  and  give  Security  for  his  or  their  good  Behaviour  :  To  be  recovered  by 
Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this  Government ;  wherein 
ho  Effoin,  Protection,  or  Wager  of  Lav/,  fhall  be  allowed  or  admitted  of. 

Comroirrncr  to  JV.  A  N  D  he  it  further  Enacted,  ly  the  Authority  aforefaid.  That  the  faidCcm- 
re  ia«.us  them,  fnjf]] ,3 ,-,£;■  \^  hereby  impowered  and  ordered  to  re-inftate  and  fettle  the  faid  Indians, 
in  giving  them  peaceable  Poffeffion  of  the  faid  Lands,  and  to  turn  off  any  other 
Perfon  or  Perfons  inhabiting  within  the  faid  Bounds,  unlefs  fuch  Perfon  have  fpecial 
Leave  from  the  Governor  and  Council,  for  continuing  thereon ;  provided  that  this 
Act  fhall  not  inveft  the  Fee-Simple  of  the  faid  Lands  in  the  Indians,  but  fuch  as 
have  Patents  for  the  fame,  or  any  Part  thereof,  their  Title  fliall  be  good  and  valid  ; 
neither  fhall  the  faid  Indians  have  Liberty  or  Leave  to  rent,  fell,  or  any  Ways  dif- 
pofe  of  the  faid  Lands. 


CHAP.     III. 

An  Aul  to  make  Hyde  Precin5f  feparate  frora  Beaufort  Frecinct,  "with  Po-wer  of  erecting 
a  Coiirt-Houfe,  and  holding  Courts. 
Private.  I-  T^  WHEREAS  the  Precintl  of  Hyde,    being  united  to  Beaufort  Precinft,   is 

y  Y    found  very  inconvenient  for  the  Inhabitants  of  Hyde  Precinft  to  travel  to 
Bath  Town,  where  the  Courts  are  now  held  : 


f 

Precinfl. 


Hyj=  r-pnste  II.     B  E  it  therefore  Enacted  by  his  Excellency  the  Palatine,  and  the  Rcfl  of  the  true 

B-raufort  ^-^^  ahfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Conjent  of  the 
Refi  of  the  Members  of  this  General  Biennial  Affembly,  now  met  at  Edenton,  for  the 
North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted  by  the  Authority  of  the 
fame.  That,  for  the  future,  //)'i*?  Precinft  fliall  be  feparate,  in  all  Refpedts,  from 
Beaufort  Precind,  with  Power  of  having  a  Court  and  Court-Houfe  erefted  in  the 
faid  Precinft,  and  other  Powers  and  Privileges  to  a  Precindt  belonging ;  and  that  the 
Jullices  to  be  appointed  for  the  faid  Precind,  fhall  be,  and  are  hereby  invefled 
with  full  Power  to  purchafe  Ground  for  erefting  the  faid  Court-Houfe,  in  the  fame 
Manner  as  by  Law  in  fuch  Cafes  is  already  provided  :  And  to  the  End  that  the  fame 
may  be  built  in  th^*  mofl  convenient  Place  for  the  Inhabitants  of  the  faid  Precind, 
the  Juftices  thereof  are  hereby  direfted  to  caufe  the  faid  Court-Houfe  to  be  eredted 
at  or  near  William  Wehfler'^  Plantation  -,  and  alfo  to  caufe  a  Poll-Tax,  not  exceeding 
Ten  Shillings  per  Poll,  to  be  levied  in  flich  Manner  as  by  Law  is  already  provided  in 
fuch  Cafes,  for  defraying  the  Charges  of  buying  the  faid  Land,  and  building  a  Court- 
Houfe. 


CHAP.     IV. 

Bound's"^oJ"ti!«'  ^«  A:i,  to  appoint  that  Part  of  Albemarle  County,  lying  on  the  South  Side  of  k\ht- 
county  °re-efta.  marlc  Soimd,  a-id  Morattuck  River,  as  high  as  the  Rain-bow  BaJtks,  to  be  a  Pre- 
p'Ss.XmtS        "«^'^'  h  ^^^^  ^"^'^^^^  of  Tyrrel  Precin5l. 

1756,  Ch.p.  9.    jj_  ^-^  T-  PI  E  R  E  p  O  R  E,  5^  it  Enacted,  by  his  Excellency  the  Palatine,  and  the 
VV     '>'^fi  °f  ^^^^  ^^'^^  ^'^^'^  abfohte  Lords  Proprietors  of  Carolina,  ly  and  with  the 
Alvice  and  Confent  of  the  Members  of  this  prefent  General  Affembly,  novj  met  at  Eden- 
ton, 


L  A  Py  S    of    Nokth-Carolina. 


41 


ton,  for  the  Nortli-Eaft  Part  of  the  faid  Province,  and  by  the  Authority  of  the  fame. 
That  that  Part  of  Albemarle  County,  lying  on  the  South  Side  of  Atbemarle  Sound, 
a#d  Moratiick  River,  being  Part  of  the  feverai  Prccinds  before  mentioned,  bounded 
to  the  Welt^vard  by  Tho/aas  Hopins%  upper  Line,  beginning  at  his  upper  Corner 
Tree,  on  Rain-bow  Banks,  on  Moratuck  River,  and  by  a  I.me  running  South  from 
his  outer  Corner  Tree,  to  the  Southward  by  the  Bounds  of  Albemarle  County,  to 
the  Eallward  by  the  Sound,  between  Roanoke  liland,  and  Croatan,  and  to  the  North- 
ward by  y^/Z-^/y/^r/t?  Sound  and  Moratuck  River,  as  high  as  the  Rain-bow  Banks, 
in  Moratuck  River,  fhall  be,  and  the  fame  is  hereby  declared  to  be  ereded  into  a 
Precin6t,  by  the  Name  of  Tyrrel  Precindt,  in  Albemarle  County,  with  all  and  every 
the  Rights,  Privileges,  and  other  Benefits  and  Advantages  whatfoever,  which  any 
other  Precinct  in  Albemarle  County  can  or  may  have,  ufe,  or  enjoy. 

VII.  B  E  it  Enacted,  That  the  whole  Precinft  now  appointed  by  the  Name  of 
I'yrrel  Precind,  be,  and  is  hereby  erefted  into  one  Parilh,  by  the  Name  of  St. 
Andreivs  ;  and  that  the  fame  Veflry  be  continued  in  the  faid  Parifh  of  St.  Andrew's 
which  now  is  appointed  to  the  faid  South  Parilh  of  Chowan,  with  all  and  every  the 
Rights  and  Privileges,  and  other  Benefits  and  Advantages  whatfoever,  which  any 
other  Parilh  in  Albemarle  County  can  or  may  have,  ufe,  or  enjoy. 


J.  D.    1729, 


CHAP.     V. 


An  additional  A5i  to  an  A!f,  for  appointing  Toll-Books,  and  for  preventin<^  People  from    See  Aft  p-,rre4 
driving  liorfes.  Cattle  or  Hogs,  to  other  Perfons  Lands.  '715.  ^^h-ip-44- 


Preamble. 


FroceediRGTS  to  li(S 
I  aJ  'rn  (liiirdincj 
Stock. 


i.  TT  7  H  E  R  E  A  S  in  and  by  the  faid  Ad,  the  Remedy  appointed  for  reco- 
VV  vering  the  Penalty  of  Twenty  Pounds  for  the  Inhabitants  of  any  other 
Government's  Cattle,  Horfes  or  Hogs,  ranging  on  Peoples  Lands  in  this  Govern- 
ment, is  by  Diftrels  to  be  made  by  the  Toll-keeper  or  Ranger,  but  no  Method 
appointed  for  difpofmg  fuch  Diftrels,  or  Proceeding  thereon  : 

II.  B  E  it  therefore  Enacted  by  his  Excellency  the  Palatine,  and  the  reft  of  the 
true  and  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  of 
the  reft  of  the  Members  of  this  General  Affembly,  now  met  at  Edenton,  for  the  North- 
Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enaded,  by  the  Authority  of  the  fame. 
That  when  fuch  Diltrefs  is  made,  or  which  may  hereafter  be  made  by  the  Owner 
of  the  Land,  as  well  as  the  Oificers  aforefaid,  the  Stock  lb  diftrained  fliall  be  kept 
Four  Days,  iinlefs  fooner  redeemed  or  replevied  by  the  Owner,  who,  on  payino- 
the  Penalty,  and  the  reafonable  Charges,  fhall  have  them  at  any  Time  within  Fou'r 
Days  after  Seifurc  ;  otherwife,  after  the  Expiration  of  the  laid  Four  Days,  they 
fhall  be  appraifed  by  Three  Indifferent  Freeholders,,  to  be  appointed  and  fworn 
by  fome  Magiftrate,  and  the  Property  fliall  be  immediately  veiled  in  the  Perfon  or 
Perfons  feifing  the  fame,  he  or  they  returning  the  faid  Apprai-mcnt  to  the  Clerk  of 
the  Prccind  Court,  with  an  exad  Account  of  the  Marks  or  Brands  of  fuch  Horfes, 
Cattle  or  Flogs,  which  fhall  be  fet  up  at  the  Court-houfe  the  next  Court ;  and  any 
Perfon  proving  the  Right  to  fuch  Catde,  Horfes,  or  Hogs,  at  any  of  the  Four 
next  Courts  in  the  faid  Precincts,  at'ter  fuch  Return  of  that  Appraifment,  having 
given  the  Diilrainer  Notice,  Ihall  have  an  Order  or  Judgment  of  the  laid  Court  for 
the  Overplus,    according  to  the  Appraifment,    the  Penalty  and  Charges  deduded. 

III.  AND  be  it  further  EnaJfed,  hy  the  Authority  aforefaid.  That  the  Penalty  of  f-naiiy  i. 
Ten  Pounds  in  the  fai.l  Ad  for  appointing  Toll-Books,  may  be  recovered  by  Dif-  owi",' 
trefs  in  like  Manner,  provided  that  no  Guardian  or  Executor  Ihail  be  excluded  by  "'^  '  •  '1 
the  faid  Ad  from  bringing  any  Stock,  under  their  Care,  on  their  Land,                 '  ''"^''' 


(fr 


IV.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  the  Stock  of    \'"^'l 
any  Inhabi:.:nt  of  another  Gcvcrnmcnt  being  I'ound  on  People's  Lands  in  this  Go- 

I'  vcrnment. 


in  'h.s  l'i>  Vincc-. 


42 


LAWS    of    North-Carolina. 


J.  D.    1729. 

deemed    to    be 
diiven    thither, 
unlcfs    other  wife 
proved' 


No  Peifon  (hall 
drive,  hunt,  or 
kill,  any  Stock, 
D=er,  or  Gjid;, 
on  others  Linds, 
without  Leave  ; 
on  Heiulty  ot  5I. 
tine  half  to  the 
Owner,  and  the 
I'ther  to  the  \n- 
t'urmer. 


vernment,  contrary  to  the  faid  Adl,  fhall  be  deemed  to  be  driven  thither  by  the 
Owners,  unlefs  it  can  be  proved  they  ftrayed  by  fome  unavoidable  Accident,  and 
were  purfued,  and  have  not  ranged  above  Four  Days  -,  provided  fuch  Diftwrs 
be  made  Four  Miles  to  the  Southward  of  the  Line  betwixt  this  Government  and 

Virginia. 

V.  J  NT)  be  it  further  EnaEled^  by  the  Authority  afcrefaid.  That  no  Perfon 
within  this  Government,  fhall  preiume  to  hunt,  drive  or  kill,  any  Stock,  Deer,  or 
Game,  on  any  Pcrfon's  Land  within  this  Government,  except  Neighbours  whole 
Lands  are  very  near  adjacent,  without  Leave  firft  had  and  obtained  from  the  Owner 
of  the  faid  Land  whereon  he  or  they  fhall  be  found  ranging  or  hunting,  contrary  to 
this  Adl,  under  the  Penalty  of  Five  Pounds  for  each  and  every  Time  he  or  they 
fhall  be  found  ranging  ;  the  one  Half  to  the  Owner  of  the  Land,  the  other  Half  to 
the  Informer :  To  be  recovered  by  a  Warrant  from  Two  Juftices,  whereof  one  to 
be  of  the  ^orum  \  which  faid  Juftices  are  hereby  impowered  finally  to  hear  and 
determine  the  fame. 


No  Ranger  {lull 
take  up  any  un- 
marked C.ittle, 
&c.  without 
Leave  fruin  the 
Owner  of  the 
Lind  ;  but  fuch 
Owner  may  con- 
vert th?m  to  his 
own  Ul'e,  unlefs 
the  Property  be 
proved  in  Three 
Months, 


No  Slave  to  hunt 
on  any  Land   but 
hisMaftcr'3,  ex- 
cept in  Company 
with  a    white 
Man  ;  n   r  travel 
from  his  Mailer's 
Land   without 
keeping  the  main 
Koad  ;  on    Pe- 
nalty of  being 
whipped. 


If  any  diforderly 
I'erfon  be  found 
in  Company  with 
Slaves,  and  can- 
not give  a  good 
Account  of  him- 
felf,  he  fliall  be 
whipped, 

Negroes    travel- 
ing in  the  Night, 
or  found  in  Kit- 
chens,  to    be 
whipped. 


Frovifs, 


VL  AN  I)  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  no  Ranger  or 
other  Perfon,  on  any  Pretence,  fhall  range  or  hunt,  kill  or  take  up,  any  unmarked 
Cattle,  Horfes,  or  Hogs,  on  other  Perfons  Lands,  without  Leave  of  the  Owner  of 
fuch  Land  or  Lands ;  any  Law,  Ufige,  or  Cuftom,  to  the  Contrary,  notwith- 
fhanding  :  But  that  every  Perfon  fhail  have  free  Liberty  to  take  up  and  kill  all  fuch 
unmarked  Cattle,  Hogs,  and  Horfes,  as  he  fliall  find  running  on  his  own  Land, 
and  the  fame  to  convert  to  his  own  Ui'e,  unlefs  the  Property  thereof  be  proved  within 
Three  Months,  by  any  Perfon  claiming  the  fame  •,  who  paying  for  the  taking  up, 
Ihall  have  the  faid  Beafl,  or  its  Value,  as  it  is  in  the  Law  direfted  for  Rangers. 

VIL  AND  whereas  great  Damages  are  frequently  done,  by  Slaves  being  per- 
mitted to  hunt  or  range  with  Dogs  or  Guns  :  For  Prevention  whereof.  Be  it  Ena^ed^ 
by  the  Authority  aforefaid.  That  it  fhall  not  be  lawful  for  any  Slave,  on  any  Pretence 
whatfoever,  to  go,  range  or  hunt,  on  any  Perfon's  Land  other  than  his  Mailer's, 
with  Dog  or  Gun,  or  any  Weapon,  unlefs  there  be  a  white  Man  in  his  Company  ; 
under  the  Penalty  of  Twenty  Shillings,  to  be  paid  by  his  Mafter,  for  every  Offence, 
unto  the  Owner  of  the  Land  whereon  fuch  Slave  fhall  range  or  hunt ;  and  that  no 
Slave  fhall  travel  from  his  Mailer's  Land  by  himfelf  to  any  other  Place,  unlefs  he 
fhall  keep  the  moft  ufual  and  accufbomed  Road  :  And  if  any  Slave  fhall  offend  con- 
trary hereto,  it  fhall  be  lawful  for  the  Owner  of  the  Land  whereon  any  Slave  fhall  be 
found,  to  give  him  a  fevere  Whipping,  not  exceeding  Forty  Lafhes  :  And  if  any 
loofe,  diforderly,  or  fufpedled  Perfon,  be  found  drinking,  eating,  or  keeping  Com- 
pany with  Slaves  in  the  Night  Time,  fuch  Perfon  (hall  be  apprehended  and  carried 
before  a  Juflice  of  the  Peace ;  and  if  he  cannot  give  a  good  and  fatisfaftory  Ac- 
count of  his  Behaviour,  fuch  Perfon  fhall  be  whipped,  at  the  Difcretion  of  the  Juf- 
tice,  not  exceeding  Forty  Lafhes. 

VIIL  AND  for  the  better  fupprefling  of  Negroes  travelling  and  aflbciating 
themfelves  together  in  great  Numbers,  to  the  Terror  and  Damage  of  the  white 
People  ;  Be  it  Ena£fed,  by  the  Authority  aforefaid.  That  if  any  Negro  or  Negroes 
fhall  prefume  to  travel  in  the  Night,  or  be  found  in  the  Quarters  or  Kitchens  among 
other  Perfons  Negroes,  fuch  Negroes  fo  found  fhall  receive  Corret5lion,  not  exceed- 
ing Forty  Lafties,  as  afofefaid ;  and  fuch  Negroes  in  whofe  Company  they  fhall  be 
found,  fhall  receive  Correftion,  not  exceeding  Twenty  Lafhes, 

IX.  PROVIDED  always.  That  nothing  in  this  Aft  ftiall  be  conllrued  to 
prevent  any  Perfon  from  fending  his  Slaves  on  his  lawful  Bufinefs  with  a  Pafs,  in 
Writing ;  nor  to  hinder  Neighbours  Negroes  intermarrying  together,  fo  that  Licence 
being  firft  had  and  obtained  of  their  feveral  Mafters, 


CHAP. 


LAWS    of    Nokth-Carolina 


4-^ 


J.  D. 


CHAP.     VI. 

An  A5f  for  the  more  effecit'.al  and  fpeedy  putting  in  Execution  the  Act  for  fcttlin<r  the 
Titles  and  BoMids  of  Peoples  Lands. 

I.  T  T  7  H  E  R  E  A  S  the  faid  Afl  for  the  proceflioning  Peoples  Lands,  although    '''""i^e. 

y  V  very  neceflary  for  the  afcertaining  Peoples  Bounds,  and  preventing  D?!- 
putes  hereafter,  hath  not  been  duly  and  effedually  put  in  Execution  :  Wherefore, 
that  the  faid  Law  may,  for  the  future,  be  better  obferved  ; 


1729. 


5,    Ciiap,    4. 


VeAries  tn  divide 
thcii  Parifiirs  in- 
to Cantons,  and 
appoint  2  Ffce- 
hcidcrs  to  pro- 
crfli  ntheLjndE> 
on  Pen.  of  5  I. 


II.  Be  it  Ena^ed,  by  his  Excellency  the  Palatine,  and  the  Refl  of  the  true  and  ah- 
folute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  of  the  reft  of 
the  Members  of  the  General  Affe:nbh\  now  met  at  Edenton,  for  the  North  Eaft  Part 
of  the  faid  Province,  and  it  is  hei-eby  Enacted,  by  the  Authority  of  the  fame ^  That  the 
feveral  and  refpe«5tive  VedrieSj  when  fun:imoned  to  meet  for  that  Purpofe  by  the 
Churchwardens,  fliall,  without  any  Order  of  Court,  divide  the  Parifh  into  conve- 
nient Cantons,  and  appoint  two  able  honeft  Freeholders  in  each  Canton,  to  procef- 
fion  the  Lands  within  the  fame  ;  and  that  the  Churchwardens  in  each  Parifh  (hall 
immediately  after  the  Frft  Day  of  March  next,  fummon  the  Veftry  to  meet  for  that 
Purpofe,  under  the  Penalty  of  Five  Pounds  for  each  Churchwarden  necrleftino-  the 
fame ;  and  the  Clerk  of  the  Parifh  fhall,  after  fuch  Appointment  by1:he  Veftry, 
immediately  give  Notice  to  the  faid  Freeholders  appointed  in  each  Canton,  and  of 
their  refpeciive  Divifions,  under  the  I'enalty  of  Five  Pounds  for  every  Canton  fo 
neglected  •,  for  which  Notice  the  faid  Veftry  ftiall  allow  the  faid  Clerk  Twenty  Shil- 
lings out  of  the  Parifti  Monies  •,  and  the  Freeholders  fo  appointed,  on  Notice  given 
them,  ftiall  forthwith  (being  firft  fworn  to  ad:  juftly  and  impartially,  to  the  bcft  of 
their  Knowledge)  proceftion  Peoples  Lands,  as  in  and  by  the  iaid  Acl:  is  already 
provided,  under  the  Penalty  of  Five  Pounds  each  ;  and  the'^feveral  Penalties  by  the 
faid  Ad,  and  hereby  provided,  ftiall  be  recovered  and  received  by  the  Churchwar- 
dens only,  and  to  the  Ufe  of  the  Parifti :  And  any  Churchwarden  failing  in  their 
Duty  by  the  faid  Aft  provided,  or  hereby  required,  ftiall  be  anfwerable  for  their 
Penalties  in  their  Accompts  with  the  Veftry  •,  and  if  they  do  not  receive  or  profecute 
the  Penalties  forfeited  by  any  others  for  not  performing  their  Duties  in  the  laid  Aft, 
or  hereby  provided,  fuch  Churchwardens  ftiall  be  anfwerable  for  the  fame  them- 
felves,  in  their  Accompts  with  the  Veftry, 

III.  ANB  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  the  ^here  Bend. 
Bounds  cannot  be  fully  aicertained  by  fuch  Freeholders  appointed,  they  ftiall  make  "e  not  known. 
Return  thereof  accordingly,  that  in  fuch  Cafes  the  Surveyor  may  be  ordered  to  run  them  ou't.'"  '"" 
tlie  Bounds,  at  the  Charge  of  both  Parties,  in  the  fame  Manner  as  is  before  in  the 

faid  Aft  provided  to  be  done,    where  one  Party  utterly  refufes  to  have  his  Lands 
proceftioned. 


Clerk  to  fivi 
Notice  to  the 
Freeholders. 


Frfehold^rs  to 
pii-ccITion,    upon 
Oaih,  on  I'enalty 
of  5  I. 

Penalties  fo  fie 
received  by  the 
Churchwaidens, 
to  the  Ufe  of  the 
Parifli. 


CHAP.      VII. 


An  Act  to  confirm  Bath  Town  Common. 


See    Aa     paffcd 
1745,  Chap,  ij. 


TX/'-^-^^^-'^^  ^  Traft  of  Land,  adjacent  to  Bath  Town,  was  granted  and  Preamble. 
V  V  furveyed  for  a  Common^  for  the  Ufe  of  the  faid  Town,  and  is  bounded 
as  followeth,  viz.  beginning  at  a  marked  Pine  at  the  Eaft  Branch  of  the  Old  Town 
Creek,  running  up  Captain  Barrow's  Line  to  a  Bound  Oak,  Weft  Eight  Degrees 
North,  Tv/o  Hundred  Pole  ;  thence  to  a  marked  Pir.e  at  Bavid  Perkins'%  Corner, 
North  Eight  Degrees  Eaft,  One  Hundred  and  Three  Pole ;  thence  to  a  Hickory  at 
the  Branch,  North  Ten  Degrees  Eaft,  One  Hundred  and  Seventy  Two  Poles  -, 
thence  down  the  Windings  of  the  Branch  and  Creek  to  the  firft  Station  -,  which  faid 
Land  contains  One  Hundred  and  Forty  Five  Acres,  but  the  Title  thereof  hath 
never  been  fully  confir.Tjcd  : 

F  2  IL  BE 


44 


LAWS    of    North-Carolina. 


1729. 


II.  B  E  it  therefore  Enacted  hy  his  Excellency  the  Palatine,  and  the  Reft  of  the  true, 
and  ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  hy  and  ivith  the  Advice  and 
Confent  of  the  Reft  of  the  Members  of  this  General  Biennial  Aftemhiy,  now  met  at  Eden- 
ton,  for  the  North  Eall  Part  of  the  faid  Province^  and  it  is  hereby  Enacted,  hy  the 
Authority  of  the  fame^  That  the  laid  Land  Ihall  be,  and  is  hereby  appointed  a  Com- 
mon, to  lie  perpetually  for  the  Uie  and  Benefit  of  the  Inhabitants  of  Lath  Town, 
under  fuch  Reftridlions  and  Regulations  as  is  or  Ihall  be  appointed  for  Town  Com- 
mons i  and  that  the  Infpeftion  and  immediate  Care  of  looking  after  the  faid  Com- 
mon, be  in  the  Commiffioners  of  the  faid  Town  for  the  Time  being. 


RtpealeJ  by  A3, 
April  4,  1741, 
Chap    15. 

Repealed  by  A£t, 
April  4,  1741, 
Chap,  23.  except 
that  Part  which 
eredls  Ntw  Han- 
over into  a  Pre- 


CHAP.     VIII. 

An  Act  to  repeal  the  Act,  intituled.  An  Adl  for  Encouragement  of  tanning  Leather 

in  this  Province.     O  B  S. 

C  H  A  P.  9.     An  additional  Act  to  the  Act,  For  the  Trial  of  fmall  and  mean  Caufes. 

10,  An  Act  for  regulating  Veftries  in  this  Government,  and  for  the  letter 
infpecting  the  Veftrymen  and  Churchwardens  Accomps  of  each 
and  every  Pariftj  in  this  Government. 


SIGNED     by 


Sir  Richard  Everard,  Governor,' 
Chr.  Gale,  John  Lovick, 

Edmond  Gale,  Ed.  Mofelcy, 

Richard  Sanderfon,  Robert  Weft, 

y.  Pollock,  John  Paulin, 

J.  Worley, 

Lords  Proprietors  Deputies.' 
Thomas  Swann,  Speaker. 


IP 


ANNO 


LAWS    of    North-Carolina. 


45 


\i    \P    %#  %#  \^    i,^'  ^K^  k^§     k^    %^^  %|§  \§    %^ 
#%  #%  #%  #%  #%  #%  ^-^  #%  #%  #%  #^^  #%  #% 


ANNO       REGNI 


G    E   O   R   G   I   I    II, 

REGIS, 

MAGNiE    BRITANNIiE,     FRANCIJE,     &    HIBERNIiE, 

OCTAVO. 


J.  D.    i73|. 


At  a  General  A  S  SEMBLY,   held  at  Edenton,  in    Chowa?i  Precind  habriel 

*  JOHNSTON, 

in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Thirty  ^''^  °°'"""'' 
Four, 


CHAP.     I. 

An  A£i  for  ftamping  afiS.  exchanging  the  prefent  Bills  of  Currency  of  this  Province,  and 
for  the  better  explaining  an  ASl  of  the  General  /^Jfembly,  prjfed  the  Twenty  Seventh 
Day  of  November,  One  Thoufand  Seven  Hundred  and  Twerity  Nine,  intituled.  An 
Ad  for  making  and  emitting  the  Sum  of  Forty  Thoufand  Pounds,  Public  Bills 
of  Credit  of  North  Ca)  olina.     O  B  S. 

C  H  A  P.  2.     An  AElfor  repealing  a  Claufe  in  an  Atl,  intituled.  An  Aft  relating  to    Repealed  by  Aft, 
Biennial  and  other  AfTemblies,  which  impowers  Freemen  of   ^''"'  *'  '^'^^^ 
of  the  feveral  Precinfts  to  vote  for  Members  of  Affembly,    ^^^'^'  '' 
and  declaring  what  Perfons  fhall  be  qualified  to  vote  for 
Members  to  fit  in  the  General  Afiembly,    and   alfo  Qiiali- 
fication  of  Members  for  the  future. 

3.     An  Act  for  reviving  an  Act,  intituled.    An  additional  Aft  to  the  Act    Repeaicdi,v^ft, 


for  the  Trial  of  fmall  and  mean  Caufes 

4-  An  Act  for  laying  a  Duty  on  Liquors,  for  and  towards  defraying  the  con- 
tingentCharges  of  the  Government ;  and  to  make  a  Poll-Tax  on 
poorer  Inhabitants  more  eafy.     E  X  P. 

5.  An  Act  to  afcertain  the  Allowance  of  his  Majeffs  Council,  and  the 
Members  cf  Affcmbly  of  this  Province.     EXP. 

C.     An  additional  Act  to  the  Act,  concerning  Roads  and  Ferries. 


April    4,     1741, 
Chap.   15. 


This  A€t  prn. 
videil  tor  by  th« 
Ruad  Aa,  psfT.d 

CHAP.    ST'''* 


46 


L  A  JV  S    of    North-Carolin 


A.  D.  1734.    CHAP  7. 


An  Act  for  laying  out,  waking,  altering,  and  keeping  in  Repair,  f^Jt 
Roads  and  Highways  within  the  feveral  Precincts  cf  the  County 
of  Bath,  and  for  building  Bridges,  end  cleanfing  and  keeping 
clean  the  feveral  Rivers  and  Creeks  within  the  jame,     REP. 


This  Aa  repeal- 
ed, but  the 
Counties  re-efta- 
blilhed,  hy  Aft 
faffed  S.ptemher 
1736,  Chap.  Q. 

Private. 


Onflow  Precinft 
erefted. 


Bladen    Preclna 
crefted. 


CHAP.     VIII. 

An  Act  to  confirm  and  efiaUifh  the  'Precincts  of  Onflow  and  Bladen,  and  fcr  appointing 

them  diflinct  ParifJoes. 


i.  TTTHEREASbyan  A61,  intituled,  /In  A51  for  regulating  Vefiries  in  this 
VV  Government,  and  for  the  better  infpeEling  Veflrymen  and  Churchwardens  Ac- 
compts  of  each  and  every  ParifJo  in  this  Government,  it  is  Enadled,  That  the  Southern 
Part  of  this  Province  fliall  be  ereded  into  a  Precind,  by  the  Name  of  New-Ha- 
nover Precin6t,  and  bounded  to  the  Northward  by  the  Haulover,  and  Little  Inlet, 
and  to  the  Southward  by  the  Southermofl  Bounds  of  the  Province ;  and  as  the 
Precinft  of  New-Hanover  is  now  become  very  populousj  and  the  Extent  thereof 
being  found  too  incommodious  to  many  of  the  Inhabitants  thereof,  particularly 
thofe  of  New-River,  and  the  upper  Part  of  the  Northweft  River  : 

.II.  WE  therefore  pray  that  it  may  be  Enafted,  And  be  it  Enabled,  by  his  Excel- 
lency Gabriel  Johnfton,  Eff,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma- 
jeflfs  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enabled  by  the 
Authority  of  the  fame.  That  a  Precindl  be  eredled  at  New-River,  by  the  Name  of 
Onflow  Preciridl ;  and  that  the  faid  Precindt  be  bounded  to  tlie  Northward  by 
Whiteoak  River,  from  the  Mouth  to  the  Head  thereof;  and  to  the  Southward  by 
a  Creek  that  comes  out  of  the  Sound,  and  comes  acrofs  New-River  Road,  called 
the  Bcfy-Swamp,  or  Beajley^s,  Creek. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  upper 
Part  of  the  Northzvejl  River  be  erefted  into  a  Precinft,  by  the  Name  of  Bladen  Fre- 
eing ;  and  that  the  faid  Precincl  be  bounded  Southward,  as  follows,  viz.  Begin- 
ning at  the  Mouth  of  Levingflon's  Creek,  and  bounded  by  the  faid  Creek  to  the 
Head  thereof;  and  then  by  a  Wejl  Line,  to  the  Bounds  of  the  Government;  and 
that  the  faid  Precind  be  bounded  to  the  Northward  by  Black-River,  as  follows, 
viz.  Beginning  at  the  Mouth  of  the  faid  River,  and  bounded  by  the  Main  River 
up  to  the  Fork,  and  that  then  the  Wejlermofi  Branch  be  the  Bounds  to  the  Head 
thereof. 


CHAP.  9.  An  Act  for  granting  to  his  Majefly  the  Sum  of  Fourteen  I'houfand  One 
Hundred  and  Fifty  Pounds,  Ihree  Shillings  and  "Twopence,  for 
the  Service  of  the  Public  of  this  Province,  and  for  laying  a  fax 
on  the  Inhabitants  of  the  fame  for  the  Payment  thereof;  and  fcr 
ftamping  the  Sum  of  Ten  Thoufand  Pounds,  Bills  of  Credit,  fa- 
the  more  immediate  Dif charge  of  Part  thereof.     O  B  S. 


S  I  G  N  E  D     by 

Gabriel  Johnston,  Efq;  Governor, 

William  Smath,  Prefident. 
William  Downing,  Speaker. 


ANNO 


L^/^^c/"    North -Carolina.  47 

A.  D.    1738. 


^^    ^^    ^^    ^^    ^^    ^:^     F"-^     ^:^I    ^^    ^^    ^:^    :^^    _„ 

^^  ^^  ig-^  ^-^  ^^  ;sr-^    kjH(    ^^  ^-^  ~l--^  ^-^  ^^^  ^^^ 


ANNO     R  E  G  N  I 

G    E    O    R    G    I    I       II, 

REGIS, 

MAGN^  BRITANNIA,  FRANCIS,  &  HIBERNI^, 

DUODECIMO. 


At   a   General   ASSEMBLY,   held    at    Neivbern,  the    Sixth   Day   of  ^{^^^^l^^^ 

E'qj  Governor, 

March,  in   the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Thirty  Eight. 


CHAP.     L 

An  A^,  for  providing  his  Majefty  a  Rent-Roll^  for  fecuring  kis  Majejly's  Rents,  for  the  Repeal^  by  hi, 
Remijfion  of  Arrears  of  ^lit- Rents,  and  for  quieting  the  Inhabitants  in  their  Pojfef-  ^'t^^'l,^''^" 
fions  \  and  for  the  better  Settlement  of  his  MajeJIfs  Province  of  ^onh-QdiroYxnR. 

CHAP.  2.     An  A^,  to  prevent  Concealment  of  Tithables,  in   the  fever al  Counties    RfpcaiidbyAft, 
'within  this  Province,  for  declaring  "what  Perfons  f]:all  be  deemed  Tith-    ^^f'  ^'   *^'*^' 
ables,  and  for  defraying  the  Jlanding  and  contingent  Charges  of  Go- 
vernment, and  appointing  Public  Trcafarers  for  this  Province ;  and 
for  granting  to  his  Majefty  a  Poll-Tax  of  Five  Shillings  per  liead,  to 
be  levied  on  the  Tithable  Inhabitants  of  this  Province. 


CHAP.     III. 

An  Acl,  for  appointing  Sheriffs  in  the  Room  of  Marfkals  of  this  Province,  for  f.refcrib-    T'-i'  ao,  m 
ing  the  Method  of  appointing  them,   and  for  liiniting  the  Time  of  their  Continuance  in    tjon)  repealed?" 
Office,  and  dire n ing  their  Duty  therein,  and  for  abolifJAng  the  Office  of  Provojt-Marfial 
of  this  Province;  and  for  altering  the  Names  of  the  Prccinbis  into  Counties. 

XXII  \^^  ^^  it  further  Enacted,  by  the  Authority  afcrefaid.  That  from  and 
±\.  after  the  Twenty  Filth  Day  of  March,  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Thirty  Nine,  the  Office  of  Provoft-Marfhal  in 
this  Province  fhall  be  aboHfhed,  and  totally  ceaje  and  determine,  as  if  fuch  Office 
had  never  been  :  And  that  from  and  after  the  Ratification  of  this  Ad,  the  feveral 
Precinfts  within  this  Province  (hall  be  called  Counties. 

CHAP. 


4<^  L    /J    IV  S      of      N  O  R  T  U  -  C  A  K  O  L  I  ''i  A 

^.  D.   1733.  CHAP.     IV. 

A^'^'e^'^ri^',    ^«  ^'^■>  M  /(icilitatiny  the  T^avigation  of  the  fei'cral  Ports  of  this  Province^  and  for 
Chap.  10,  Buoying  and  Beaconing  the  Channels  leading  fro j-i  L) cacock  In.et,  /(?  tucntcn,  Baih 

Tomny  and  Newbern,  and  from  Toplail  Inlet  to  Bcauiort  Tcun,  anJ  other  For  is 
and  Inlets  'usithin  the  faid  Province  herein  memioned;  and  for  povidrng  j.fjiaem  Pi- 
lots for  the  jafe  Conduct  of  Vejfels. 

Repealed  Sy  his   CHAP.   5.     An  A"^,  declaring  what  fall  be  deemed  a  fifficient  C'dtivaticn  cf  Lands 

JVlajtrty's    Otdcr  7  ;  .     /  ,  c,        ^       1  ,     ,       1         1  ■       j.        ■     < 

in  Council.  at.reaay  granted,  or  hereafter  to  te  grant eu,  by  his  Majcjy  ;  ana  j or 

ajccrtaining  the  Alanner  of  granting  lavfed  LanJs. 

Repealed  by  Ai5>,  6.     An  ,151,  fcT  apyinting  Circuit  Courts,  and  for  enlarging  the  Po'jcer  of 

?-^J:  '^46.  the  County  Co,rts. 

7.  An  AEf,  to  appro! riate  '^"^0  'T'houfandPo::nds,  current  Bill  Money,  to 
ereSi  a  fufficient  Jail,  and  Ojfue  or  t  lace  for  ihe  Saje-kte^  in:^  tie  Re- 
cords of  I  he  General  Court,  and  for  retailing  the  Couit-hci-je  at 
Edenton  ;  and  J  or  ether  Purpojes  therein  mentioned.     O  B  S. 

Rfpesicdby.Aa,  8.     An  A£f,  for  the  Encouragement  and  better  Regulation  of  the  Tozvn  of 

Auguiui,i74o.  Edenton. 

Chap.   I. 

9.     An  A  ?,  for  deftroying  Verr.in  in  tils  Province.     EXP. 

CHAP,     X. 

An  Act,  to  prevent  killi-?g  Deer,  at  unfea_  ''enable  Ti-'.es.     (b) 
Nn  Deer  to  be    !•  X^  E  it  Enacted,  by  his  Exce'kncy  Gabriel  Joh  ifton,  Efq;  Governor,  by  and  iiith 

F-;..   I,,    .,nd 


the  Advice  and  Confent  of  his  Majcfiy  s  Council,  and  General  AJfe-::.bIy  of  this 
j..i'y  1*5,' ■•n"  Pe-  Province,  and  it  is  hereby  Enacted  by  the  /iiiibouty  of  the  Jame,  That  ii  fnu.;l  not  be 
iuit).  ot  5I.  hv/iul  to  kill  or  dcftroy  any  Deer,  running  wild  in  the  Weeds,  or  unicnceu  Gtound, 
in  this  Government,  by  Gun,  or  any  other  Ways  or  Means  whatJotvtr,  between 
the  Fifteenth  Day  o{  February,  in  each  Year,  and  the  Fifteenth  Day  of  July  fuc- 
ceeding,  after  the  Ratification  of  this  Act :  And  if  any  Perfon,  not  being  a  Servant 
or  Slave,  fliall  kill  any  Deer  contrary  to  this  Ait,  and  be  thereof  lawfully  ccnvitad, 
the  faid  Perfon  for  every  Deer  fo  killed  or  deftroyed,  fnall  forfeit  and  pay  the  Sum 
of  Five  Pounds  current  Money. 

Servant  nr  Riive  ^^-  ^i  ^ E>  bc  it  furthcr  Enactcd,  by  the  Authority  afcrcfcid.  That  if  any  Scvr.nt 
Jci.'iinp  Deer  Ly  Qt  Slavc,  by  Order  or  Command  of  his  or  her  Matter,  Millrefs,  or  Overleer,  fnall 
Sj  M,rt°"  kill  or  deilroy  any  Deer,  contrary  to  this  A6t,  the  Mailer,  Miftrefs,  or  Oveifcer, 
liable  tu  thePc.  giving  fuch  Order  or  Command,  and  being  thereof  lawfully  convicted,  for  cvi.ry 
"'''^'  Deerllb  killed  or  deftroyed,  as  aforeiaid,  lliaJl  forfeit  and  pay  the  aforefaid  i'<.  nalty 

of  Five  Pounds,  as  if  the  faid  Mafter,  Miftrefs,  or  Overleer,  hi-.d  aiftually  committed 

the  Oftcncc. 

serv,nt\r  suve        ^^^^     AND  bc  it  further  Enacted,  by  the  Authority  aforefaid.    That  if  any  Ser- 
Li;  n^  Dr.r,  to    vant  or  Slave  of  his  own  Accord,  v/ithout  any  Order  or  Command  from  his  or  her 
uniers^°h!;'l!"e    Maftcr,    Miftrefs,    or  Overleer,   flirdl  kill,    deftroy,   or  buy  any  Deer,    contrary  to 
Security  tur'ihe    thisAcl,  and  be  theteof  conviiicd,  by  the  Oath  of  one  creditable  W  imefs,    before 
a  Juftice  of  the  Peace  of  the  County  wherein  the  Offence  is  committed,  for  eveiy 
Deer  lb  killed  or  deftroyed  as  aforefaid,  tlie  faid  Servant  or  Slave  lliall  have  and  re- 
ceive,  on  his  or  her  bare  Back,    Thirty  Laflies,   well  laid  on,    to  be  infliftrd   by 
Order  of  the  faid  Juftice  before  whom  the  laid  Convi6lion  fliali  be  ;  unlcfs  fome  fuf- 
ficient  Perfon  v/ill  become  bound  to  pay,  for  the  faid  Servant  cr  S\:x\i:,  the  Sum  of 

F;vc 


(IJ  See  Ati  Api-il,   i;'45,  Clian.  ;,  Nov.  irc'i.  Chap.  13,  for-aineading  this  At 


LAWS      of      N  O  R  T  H  -  C  A  R  O  L  I   N  A. 


49 


Five  Pounds  current  Money,  within  Six  Months,  in  Lieu  of  the  faid  Puniihment    yl-  D.   173S. 
aforefliid,  to  the  Churchwardens  of  the  Pariih  where  the  OiTence  is  committed,  for 
the  Ufes  direded  by  this  Ad. 


IV.  AND  be  ii  further  Enacted,  by  the  Authority  aforefaid.  That  one  Moiety 
of  the  Forfeitures  of  this  A6t  Ihall  be  to  the  Churchwardens  of  the  Parifh  where 
fuch  Offence  is  committed,  for  tlie  Ufe  of  the  Parifli,  and  the  other  Moiety  to  the 
Informer  •,  to  be  recovered,  with  Coils,  by  a  Warrant  from  any  Juilice  of  the  Peace 
within  this  Government  •,  faving  unto  all  free  People,  the  Right  of  Appeal  to  the 
County  Court  where  the  Offence  is  committed  :  Which  faid  Court  is  finally  to  de- 
termine the  fame;  wherein  no  Effom,  Protection,  or  Wagtr  of  Law,  ihall  be 
allowed  or  admitted  of. 


Fines  appropriat- 


Rifilit of  Appeal 
ail>.\\ed. 


CHAP.     XL 

An  Act  for  appointing  a  To-ivn  on  the  Plantation  vohere  William  W^ebfter  now  divelleth, 
in  Hyde  County,  on  the  Wefi  Side  o/Matchapungo  River. 


I. 


E  pray  that  it  may  be  Enacted,  And  be  it  Enacted,  by  his  Excellency  Gabriel    pa? 
Johnllon,  Eff,  Governor,  by  and  -ivith  the  Advice  and  Ccnfent  of  his  Alajcffs 


Council  and  General  Affcmbly  of  this  Provifice,  and  by  the  Authority  of  the  fame.  That  all 
the  Land  from  a  Creek  next  to  William  DenmarlC^,  running  to  another  Creek  next 
to  Richard  Lenimonfs,  on  a  direct  Line  on  the  River  Side,  running  from,  the  high 
Land  on  each  Creek,  One  Hundred  Yards  back,  on  a  direct  Line,  is  hereby  declared 
to  be  a  Townfnip,  by  the  Name  of  IVcodJlock,  with  all  Privileges  and  Im.munities 
hereafter  mentioned  and  expreffed,  for  ever  •,  and  that  the  Property  of  the  faid  Plan- 
tation or  Towniliip  be,  and  it  is  hereby  henceforward  invelted  in  Sa:n::el  Sinclair, 
Gentleman,  Mr.  PFU'iam  Harris,  and  Mr.  John  S.nith,  or  any  Two  of  them,  who 
are  hereby  impowered  to  lay  out  the  faid  Land  into  Lots,  of  Half  an  Acre  each, 
with  convenient  Streets,  not  lefs  than  Sixty  Feet  wide. 

II.  A N B  be  it  further  Enacted,  Th^tVix.  John  Smith  he,  and  is  hereby  appointed       Tr;afurer  ap^ 
Treafurer  and  Receiver  of  all  fuch  Sum  and  Sums  of  Money,    which  fhall  arife  on    pointed. 

the  Sale  of  the  faid  Lots,  for  the  Ufe  hereafter  mentioned  ;  and  on  the  Death  or 
Departure  out  of  the  Government,  or  Refufal  of  the  faid  Treafurer  to  act,  then  the 
next  fucceeding  CommifTioner  or  Truftee  Ihall  ofBciate  in  his  Stead  and  Place,  and 
■Ihall  give  Security  to  the  Juftices  of  the  Court,  that  he  will  be  accountable  for  the 
Money  he  fliall  receive  by  Virtue  of  this  Act. 

III.  AND  be  it  further  Enacted,  That  every  Perfon  whaffoever,  who  is  v/illing      Commiffioners 
to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  Liberty  to  take  up  any  Lot  or  Lots    *°  ^"•'"  ^«»« 
fo  laid  out  as  aforeiiiid,  and  not  before  taken  up ;  v/hich  Lot  or  Lots  the  faid  Com- 
miiTiuners,    or  any  Two  of  them,    are  hereby  directed   and  impowered  to  grant, 

convey,  and  acknowledge,  to  the  Perfon  or  Perfons  fo  taking  up  the  fame,  and  to 
his  or  their  Heirs  and  Affigns,  for  ever,  in  Fee-Simple,  upon  the  Payment  of  Forty 
Shillings  current  Money  -,  and  the  faid  Confideration  Money  Ihall  be  paid  unto 
William  W.ebfier,  the  Proprietor  of  the  faid  Land,  his  Heirs  and  Affigns. 

IV.  PROVIDED  always.  That  if  any  Perfon  whatfoever  fliall  take  up,  and 
have  conveyed  to  him,  any  Lot  or  Lots  as  aforefaid,  and  fliall  not  build,  or  caufe 
to  be  built  thereon,  within  two  Years  after  the  Date  of  the  faid  Conveyance,  a  good, 
fubflrantial,  habitable  Houfe,  not  of  lefs  Dimenfions  than  Twenty  Feet  in  length, 
and  Fifteen  Feet  wide,  befides  Sheds  or  Leantoes,  or  make  Preparation  for  fo 
doing,  as  the  Court  of  the  faid  County,  by  View  of  any  Two  or  more  cf  them, 
fliall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance  fhall  be,  and  is 
hereby  declared  void  and  of  none  Effect,  as  if  the  fame  had  never  been  made  ;  and 
that  the  faid  Lot  or  Lots  fliall  be  free  and  clear  for  any  other  Perlbn  to  take  up  and 
purchafe,  on  the  Conditions  aforefaid. 

G  Y.  PRO' 


To   be  built  oa 
wuhin  2  YearSj 


^o 


L  A  f^V  S     of    North-Carolina. 


ji.  D.    1738. 

Monies      appro- 

pri.ittd  («  liuiJd- 
ing  a  Church. 


Commifli  'ppr? 
to  remove  Nu- 
fanccs. 


Murters,   &c.  to 
be  in  Town. 


V.  PROVIDED  alfo^  That  all  Monies  arifing  by  the  fecond  or  other  Sale  of 
the  iaid  Lots,  fhall  be,  and  is  hereby  appropriated  and  applied,  for  the  building  of 
a  Church ;  and  what  Ihall  be  more  than  wiJi  build  the  laid  Church,  fhall  be  applied 
to  iuch  other  Ules  as  the  faid  Commiffioners,  or  the  major  Part  of  them,  fhall 
think  fit,  lor  the  Encouragement  of  the  laid  Town. 

VI.  AND  be  it  further  Ena£ied,  by  the  Authority  afcrefaid^  That  the  Commifli- 
oncrs,  or  any  Two  of  them,  Ihall  have  Power  and  Authority,  and  they  are  hereby 
required  and  impowered,  to  remove  all  Nulances  within  the  Limits  of  the  laid 
Town  ;  and  that  no  Perfon,  Inhabitant  of  the  laid  Town,  or  holding  Lots  there, 
fhall  inclofe  the  fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence, 
but  every  Lot  therein  fhall  be  paled  in,  or  doncxwith  Polls  and  Rails  fet  up. 

VII.  AND  for  the  further  Encouragement  of  the  faid  Town,  Be  it  EnaHed, 
by  the  Authority  aforefaid.  That  all  Mufters  for  the  faid  County,  Eledtion  of  Bur- 
gefies,  and  all  Bulinefs  and  Affairs  of  the  like  Nature,  which  belong  to  the  faid 
County,  fhall  be  taken,  done,  and  tranfaded,  within  the  faid  Town,  and  at  no 
other  Place  or  Places  whatfoever. 


'Owners  nf   LntS 
to  clear  luem. 


CornmiflTiiiners 
io  be  kept  up. 


Ground   for 
'"huTfh, 


VIII.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Perfons, 
Pofleflbrs  or  Owners  of  Lots  in  the  faid  Town,  fhall,  and  they  are  hereby  obliged, 
within  Two  Years  next  after  the  Ratification  oi  this  A(fl,  to  clear  all  fuch  Lots  by 
them  held  and  poifelTed,  from  all  Manner  of  Wood,  Underwood,  Brufh  and  Grubs, 
that  are  or  may  be  offenfive  to  the  faid  Inhabitants,  and  fhall  lb  keep  and  maintain 
the  fam.e,  from  Time  to  Time,  and  at  all  Times  hereafter,  under  the  Penalty  of 
Ten  Shillings  per  Month  •,  to  be  recovered  by  a  Warrant  from  one  Juflice  of  the 
Peace  :  One  Half  to  the  Informer,  and  the  other  Half  to  the  Commiflloners,  for 
the  Ufe  of  the  faid  Town. 

IX.  AN  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  in  Cafe  of  the 
Death,  or  Departure  out  of  the  Government,  of  any  of  the  faid  Commiflloners,  at 
any  Time  hereafter,  the  remaining  CommilTioners,  together  with  the  Juftices  of  the 
County  Court,  are  hereby  authorized  and  impowered  to  make  Choice  of  fome  other 
Perfon  or  Perfons,  to  fucceed  fuch  CommilTioner  or  Commiflloners  fo  dying  or  de- 
parting as  aforefaid  ;  which  Perfon  or  Perfons  fo  elefted  and  chofen,  fhall  be,  and 
they  are  hereby  inverted  with  as  much  Power  and  Authority,  to  all  Intents  and  Pur- 
poles  what'oever,  as  the  prefent  Commiflloners  herein  appointed  are  invefled  with, 
by  Virtue  of  this  A6V. 

X.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  the  Com- 
miflloners are  hereby  impowered  to  make  Choice  of  one  Acre  of  Ground  in  the  faid 
Town,  y/herever  they  fhall  think  fit  and  moft  convenient,  for  a  Church  and  Churclj 
Yard. 


\,-i> 


S  I  G  N  E  D     by 

Gabriel  Johnston,  Efqj  Governor. 

William  Smithy  Prefident. 
William  Downing^  Speaker* 


ANNO 


LAf^f^S    of    North-Carolina.  51 

J.  D.    1738. 

^^    ^^    ^^    ^^    ^^,    ^^     r-^»     S:?!    ^^    ^^^    ^^    ^^    M 
^^'   3^^'   ^:&'    iS!"^'    ^-ii    k-^    kj»(    l-'ite    iS:>^    M    '^^   ^"^'   ^^ 

ANNO     REGNI 

G    E    O    R    G    I    I       II, 

REGIS, 

MAGNJE     BRITANNIA,     FRANCIS,     &     HIBERNI^, 

DUODECIMO. 


At  a  General   ASSEMBLY,   held  at  NewberUy  the  Eighth  Day  of  cabriel 

JOHNSTON, 

March ^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and      ''' 
Thirty  Eight. 


CHAR     L 

Jn  ASf  to  fupply  the  Befe5l  of  an  AEf^  fajjed  laft  Sejfwn  of  AjfemUy^  intituled^  An  A6t 
for  appointing  Sheriffs  in  the  Room  of  Marfhals  of  this  Province,  for  prefcrib- 
ing  the  Method  of  appointing  them,  and  for  limitting  the  Time  of  their  Conti- 
nuance in  Office,  and  diredtiag  their  Duty  therein,  and  for  abolifhing  the  Office 
of  Provoft-Marflial  of  this  Province  •,  and  for  altering  the  Names  of  the  Precindis 
into  Counties.     REP. 

SIGNED     by 

Gabriel  Johnston,   Efq;    Governor. 
William  Smithy    Prefident. 
William  'Downing^   Speaker, 


.1^0003.^0000.^ 


G  2  ANNO 


52 


LAWS    of    North -Carolina. 


J.  D.    1739. 


%#    %#    %#    %#    %#    %#;r-)»^%#     %^   %^'    %#    i:#    ^|# 

#f  #%  #%  #f  r%  #%^-^#%   f^  #%  #%  #%  #% 


,  AN  NO       R  E  G  N  I 

REGIS, 

MAGN^     BRITANNIA,     FRANCIiE,     &    HIBERNI.^, 

DECIMO     TERTIO. 


r.ABRIEL 
JOHv    ION, 

tlgj  Governor. 


At  a  General  ASSEMBLY,  held  at  Newhern,  the  25th  Day  of 
Febfiiary^  in  the  Year  of  our  Lord  One  Thouland  Seven  Hundred 
and  Thirty  Nine. 


This  Aft  repeal, 
ed,  hut  theTowii 
re-eftal.  ifhd.by 

A<a  (luff  d  Sept. 

tJS^i  Chap.  9. 


CHAP.     L 

^n  Am  appointing  a  ^reafurer  for  the  federal  Counties  herein  mentioned^  in  the  Room  of 
William  Downing,  Efq\  d.ceafed.     O  B  S. 

CHAP.  2.  .  An  Atl  to  af certain  the  Allowance  of  his  Majeflfs  Council^  and  the 
Members  of  Affemhly  of  this  Prozince,  and  for  Payjy.ent  of  all 
Claims ;  and  to  prevent  letting  out  any  more  of  the  ho  an  Money  on 
Intereji.     EXP. 

3.  An  AEt  prefcribing  the  Manner  of  proving  Book  Lebts.     REP. 

4.  An  Aif  for  erecting  the  Village  called  Newton,    in  New -Hanover 

County^  into  a  'Town  and  To-jcnfhip^  by  the  Name  of  "Wilmington  j 
and  regulating  and  afcertaining  the  Bounds  thereof. 


SIGNED    by 

Gabriel  Johnston,   Efq-,   Governor. 
William  Smithy   Prefident, 
John  Hodgfon^    Speaker. 


ANNO 


L  A  IV  S    of    North -Carolina. 


53 


J.  D.    1740, 


ANNO     R  E  G  N  I 


G    E 


\ 


II. 


REGIS 

MAGNiE  BRITANNIiE,  FRANCIS,  &   HIBERNIiE, 

D  E  C  I  M  O     (QUARTO. 

At    a  General  ASSEMBLY,    held    at    Ede?ilo?i,    the   Twenty  Firfl    gabriel 
Day  of  Augiifi^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred      ''' 
and  Forty. 


CHAP.      L 

An  A^ for  confirming  'Tides  to  the  Town  Lands  o/"Edenton,  for  fecuring  the  Privileges  '^^\^\^2^''^' 

heretofore  granted  to  the  faid -Town,  an.i.  for  further  Encouragement  and  Regulation  le'cftatiiflied.by 

thereof.  ^^J^']^^  '^'p'' 


CHAP.     11. 

An  Act  to  enable  th;  Commijfioners  herein  after  appointed  to  erect  and  finifjj  a  Church  in 
Newbern,  in  Craven  County  and  Parijh,  in  the  Province  afcrefaid,  and  for  the  better 
regulating  the  faid  Town,  and  other  Purpofes  therein  mentioned. 

Xn.  AND  whereas  in  and  by  the  aforefaid  Aft  of  Aflembly,  there  was  a  Lot 
if\_  laid  out  in  the  faid  Town  for  a  Church,  which  faid  Lot  being  infu/Eci- 
ent,  and  not  fo  commodious  for  the  iaid  Ufe ;  and  all  the  adjacent  Lots  being  taken 
up  and  aved,  wherefore  the  faid  Vellry  have  taken  up  Four  Lots,  more  convenient 
and  commodious,  for  ereding  a  Church,  and  for  a  Church  Yard,  and  other  Parifh 
Ufes  :  Be  it  therefore  Enacted,  by  the  Authority  aforefaid.  That  as  foon  as  the  laid 
Church  fliall  be  fit  to  celebrate  Divine  Service  in,  the  faid  Four  Lots  ihall  be  faved 
to  the  Parilh  for  the  Purpofes  afore-mentioned,  in  as  full  and  ample  a  Manner,  as  if 
the  faid  Parifh  had  eredcd  a  Houfe  on  each  of  the  faid  Lots,  of  the  Quality  and  Di- 
menfions  prefcribed  by  the  laid  Ad  for  faving  Lots  in  the  laid  Town. 

XIII.     AND  be  it  further  Enacfed,  by  the  Authority  aforefaid.  That  the  Commif- 
funers  aforefaid  are  hereby  impowered  and  directed  to  make  Sale  and  difpofe  of  the 

above- 


The  fi.d  Part  of 
tl  is  Aft,  relating 
to  building  th« 
Church,  has  had 
its  Effcft. 


54  //    ^   ^^  5      o/"      N  O  R  T  H  -  C  A  R  O  L  I  r    A. 


A.  D.  1740.  above  mentioned  Lot,  at  public  Vendue,  after  Four  Days  Notice  given,  and  to 
apply  tlie  Money  arifing  troin  luch  Sale  towards  the  buiiding  or  the  laid  Churcii : 
Aay  Law  to  the  contrary  in  any  wile  notvvithitanding. 


CHAP.     III. 

^n  Act  to  enable  the  CommiJJioners  herein  after  mentioned  to  fnijh  the  Church  alrec.dy  begun 

at  Eden  ton.     O  B  S. 

CHAP.  4.  An  Act  for  the  further  and  better  Regulation  of  the  Town  called  Wil- 
mington, in  New-Hanover  County;  and  to  ejiablijL  the  Church  of 
the  Parifh  of  St.  James,  to  be  built  in  the  f aid  Toi^n.     REP. 

5.     An  Act  to  efiablifh  and  confirm  John  Hodg'on,    Efq;,    Treaftrer  of  the 
Counties  herein  <?  te   menti  ned.     O  B  S. 

R-peaied  by  hu  6.     An  Act  to  appoint  able  and  Jkilful  Clerks  for  the  feveral  County  Courts 

in^cotncu.^"'"  "^i^hin  this  Province^  and  fcr  the  better  fecunng  and  jafe  keefing  ,he 

Records  of  the  fame, 

Repedie.1  by  the  y,     yf«  Act  for  thc  more  effectual  eJiablifJoing  a  Ferry  from  Bath  'Tozin  to  Core 

j,ntary"i764,*  Point^  and  from  CoxQ  Pcint  /o  liath  5ou.» ;    and  fcr  tnvtnting 

<-'hap  J.  any  other  Ferry  izithin  Ten  Miles  oj  the  f aid  'J own  of  Baih,  or  Core 

Point,  en  the  fame  Sides  of  the  River. 

8.     An  Act  to  enable  the  Parifh  of  St.  Andrew'^,  in  Tyrell  County,  and  the 
South  weft  Parifo  of  Pafquotank  County,  to  elect  l\firies.  O  B  S. 


CHAP.     IX. 

An  Act  to  exempt  the  Inhabitants  of  Bath  Town  from  working  on  the  public  Roads,  and  {9 
oblige  the  faid  Inhabitants  to  clear  and  keep  the  Streets  of  the  faid  Town  clear  anu  in  good 
Order. 

Frivatf,  L  W  7HEREAS  there  is  no  Provifioh  made  by  any  Law  of  this  Province,  to 

W    oblige  the  Inhabitants  of  Lath  Tovv-n  to  clear  and  keep  clear  the  Streets 
of  the  laid  Town : 

II.  W  E  pray  that  It  may  be  Enafted,  And  be  it  Enacted,  by  his  Excellency  Ga- 
briel Johnflon,  Efq;  Go'vernor,  by  end  with  the  Adiice  and  Ccnjent  of  his  Majeffs 
Co'tncil,  and  the  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted  by  the 
Authority  of  the  fame.  That  from  and  after  the  Ratification  of  this  A6t,  it  fliall  and 
may  be  lawful  for  the  Jufbices  oi  Beaufort,  yearly,  to  appoint  feme  proper  ptrlcn. 
Inhabitant  of  the  faid  Town,  Overfecr  ot  the  fame  •,  v/hich  Overfcer  :o  appointtd 
fhall,  as  often  as  there  fhall  be  Occafion,  fummons  the  Male  tithable  Inhabitants  of 
the  faid  Town,  to  clear  the  Streets  thereof,  and  remove  any  Nufance  or  iMufanccs 
within  the  faid  Town  :  And  if  any  fuch  Male  tithable  Inhabitant  Ihall  fail  or  refufe 
to  appear  on  fuch  Summons,  and  work  in  the  faid  Town,  at  fuch  Times  and  Places 
as  the  faid  Overeer  Ihall  direft,  fuch  erfon  fo  negledting  or  refufing,  fhall  torleit 
and  pay  the  Sum  of  Two  Shillings  and  Sixpence,  Proclamation  Money,  for  every 
Day  he  fliall  fo  negleft  or  refufe  ;  to  be  recovered  by  a  Warrant  from  any  Juliice  of 
the  Peace  of  the  faid  County,  and  applied  to  the  Ufe  of  employing  Perfons  to  work 
and  keep  the  Streets  of  the  laid  Town  clear  and  in  good  Order,  (a) 


CHAP. 


(a)  The  3d  Claufe  provided  for  by  A.SX,  April  1745,  Chap.  11.. 


LAWS     of    North-Carolina. 


C  H  A  P.     X.  ^-  D.  1740. 

An  ASi  to  enable  the  Jujlkes  of  Tyrell  County  to  build  a  IFarehoufe  on  Scopernongs, 
for  receiving  of  his  Majefty's  ^dtrents.     O  B  S. 

C  H  A  P.  1 1.  .^^  Act  to  enable  the  Commiffioners  herein  after  named  to  build  a  Bridge 
over  Levingfton'j  Creek^  between  New-Hanover  and  Bladen 
Counties.     O  B  S. 

12.  An  A£l  fr  the  better  regulating  the  Militia  of  this  Government. 

13.  An  A51  for  granting  an  Aid  to  his  Majefty,    to  defray  the  Expence  of 

tranfporting  the  feveral  'Troops  inlifted  in  his  Majefty's  Service  in 
this  Colony,  and  to  afcertain  the  Method  of  paying  all  Taxes  and 
Levies  in  Commodities  j  and  for  other  Purpofes  therein  mentioned. 
OBS. 


Repealed  by  Aft, 
June  28,  1746; 
Ch.ip.  I. 


SIGNED     by 


Gabriel  Johnston,  Efqj   Governori 
William  Smith,  Prefident. 
John  Hodgfon,  Speaker. 


k.. 


ANNO' 


56 


LAWS    of    North-Carolina. 


A.  D.  1 741. 


%%%%%m%%%%m%%%%m%%%%^%^M%%%M%%%%%%%m%%%%%%%%% 


ANNO     REGNI 


GEO 


Gil      II. 


REGIS 

MAGN^  BRITANNIiE,  FRANCIS,  &  HIBERNI^E, 
D  E  C  I  M  O     Q^U  I  N  T  O. 


GABRIEL^      At  a  General  ASSEMBLY,    held    at   Edetiioti,    the  Fourth  Day  of 

Efq;  Governor.  1     n  tt         1       j  j 

Jpril^    in  the  Year   of  our  Lord  One  Thoufand  Seven  Hundred  and 


Forty  One. 


See  Aft,  Nav. 
1766,  Chap.  9, 
t>ecemb.  1770, 
Chap,  a8. 

Minifter  or  Juf- 
tice  to  marr/ 
p^rfons. 


No  Judice  to 
marry  whjn  a 
Minifterisin  the 
Parilh,  on  Penal- 
ty of  5 1, 


No  Minlftet  or 
Juftice  to  marry 
without  Licence, 
or  I'ublicatii  n  of 
Binns,  on  Penal- 
ty of  50I. 


CHAP.      L 

An  A£i  concerning  Marriages. 

I.  T^  O  R  preventing  clandefline  and  unlawful  Marriages,  we  pray  that  it  may 
Jj  be  Enafted,  And  be  it  Enacied,  by  his  Excellency  Gabriel  Johnfton,  Efqiiire, 
Governor,  by  and  uith  the  Advice  and  Confcnt  of  his  Majejlfs  Council,  and  the  General 
AJfembly  of  this  Province,  and  it  is  hereby  Enabled  by  the  Authority  of  the  fame.  That 
every  Clergyman  of  the  Church  of  England,  or  for  Want  of  fuch,  any  lawful  Ma- 
giftrate,  within  this  Government,  fnall,  and  they  are  hereby  directed,  to  join  toge- 
ther in  the  Holy  Eftate  of  Matrimony,  fuch  Perfons  who  may  lawfully  enter  into 
fuch  a  Relation,  and  have  complied  with  the  Directions  herein  after  contained. 

II.  ANT)  be  it  further  Enacted,  hy  the  Authority  afcrefaid.  That  no  Juftice  of 
the  Peace  of  any  County  in  this  Government,  fliall  join  together  in  Marriage  any 
Perfons  whofoever  in  any  Parifh  where  a  Minifter  fhall  refide  and  have  a  Cure, 
without  Permifllon  firft  had  and  obtained  from  fuch  Minifter  •,  under  the  Penalty  of 
Five  Pounds  Proclamation  Money,  to  the  Ufe  of  the  Minifter. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Minifter 
or  Minifters,  Juftice  or  juftices  of  the  Peace,  within  any  of  the  Pariflies  of  this 
Government,  fliall  celebrate  the  Rites  of  Matrimony  between  any  Perfons,  or  join 
them  together  as  Man  and  Wife,  without  Licence  firft  had  and  obtained  for  that 
Purpofe,  according  to  the  Directions  ol  this  A6t,  or  Thrice  Publication  of  the 
Banns,  as  prefcribed  by  the  Rubrick  in  the  Book  of  Common  Prayer;  And  if  any 

Minifter 


L  A  IV  S    of    North-Carolina. 


S7 


Minifler  or  Minifters,    Juftlce  or  Juftices  of  the  Peace,  fliall,  contrary  to  the  true  ^-  D-  1741, 

intent  and  Meaning  ot  this  Aft,    celebrate  the  Rites  of  Matrimony  between  any  ^^T^'^T^" — "f 

Perfons,    or  otherwife  join  them  in  Marriage,    he  or  they  fo  offending,  iliall  forfeit  oui"ortre  gj- 

and  pay  the  Sum  ot  Fifty  Pounds  Proclamation  Money ;    to  be  recovered  and  ap-  ^TxT^^VJiL^ 

piled  as  herein  after  is  diredled :    And  if  any  Minifler  fhall  go  out  oi  this  Govern-  "f  'h's  c.vtm- 

ment,  and  there,  contrary  to  the  true  Intent  and  Meaning  ot  this  Act,  join  together  L\Z'J,''l71,,, 

in  Matrimony  any  Peribn  or  Perfons  belonging  to  this  Government,    without  fuch  p"'''  «>^''i.  to .». 

Licence,  or  Publication  of  Banns,  as  is  herein  prefcribed,  every  Minifter  lo  offend-  ^uj!"  '^""'  ^'' 
ing,  fnall  incur  the  fame  Penalties  and  Forfeitures,  as  if  the  fam.e  had  beed  done  in 
this  Government, 

IV.  PROVIDED  ahmys,  and  he  it  further  Enacted^  hy  the  Authority  aforeCaid^  cic.k  or  R=,jcr 
That  where  any  Parifh  or  Parifhes  have  not  a  Minifler,  it  fhall  and  may  be  lawful  "^^rlf.ll  gue 
for  the  Clerk  or  Reader  which  fhall  be  appointed  by  the  Veflry  of  the  faid  Parifh  ^""^"''=- 

to  publifh  die  Banns  between  any  Perfons  defiring  the  fame,  and  if  no  Objecftion  be  ' 
mde,  to  grant  a  Certificate  thereof;  and  fuch  Certificate  fhall  be  fufHcient  for  any 
Mmiflc^r  or  Juflice  of  the  Peace,  to  folemnize  the  Ritts  of  Matrimony  between  the 
Parties  fo  pubiifhed. 

V.  AN  Die  it  further  Enacted^  by  the  Authority  afcrefaid^  That  if  any  Minifler  if  the 
Clerk,   or  Reader,    fliall  grant  a  falfe  Certificate,    he  or  they  fo  offending,  fhall  be  ^^("^  c»^fi"atc! 
liable  to  fuch  Punifhment  as  in  Cafe  of  Forgery  at  Common  Law ;    and  all  fuch  caf"of'For"r . 
OScnces  fhall  be  profecuted,    tried,   and  determined,    in  the  General  Court  of  this        ^      "'^"^' 
Province. 


,   VI.     A  N D  he  it  further  Enacted,   hy  the  Authority  aforefaid.    That  all  Licences    This  cuufe,  fa 
for  Marriages  fhdll  be  ilTued  by  the  Clerk  of  the  Court  ot  that  County  where  the    Iffu.ng  ^"".1! 
Feme  fhall  have  her  ufual  Rcfidence,    and  by  him  only,    and  in  fuch  Manner    and    ^'-p'^^i'^'t.t'yAa,' 
under  luch  Rules  and  Dircftiohs,    as  are  herein  after  provided;    that  is  to  fay.  He    S.''  '^^°'  '^''' 
ftiall  take  Bond,  to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succeffors,  'with 
good  Sureties,  in  the  Penalty  of  Fifty  Pounds,  Proclamation  Money,  under  Con- 
dition,   That  there  is  no  lawful  Caufe  to  obflru6t  the  Marriage  for  which  the  Li- 
cence fhall  be  defired  :  And  if  either  of  the  Perfons  intended  to  be  married  fhall  be 
under  the  Age  of  Twenty  One  Years,  and  not  theretofore  married,  the  Confent  of 
the  Parent  or  Guardian  fliall  be  perfonally  given  before  the  faid  Clerk,  or  fianified 
under  the  Hand  and  Seal  of  the  faid  Parent  or  Guarditin,    and  attefled   by  two 
V/kneffes  ;  all  which  being  done,  the  Clerk  fhall  write  the  Licence,  and  fhall  cer- 
tify fpecially  the  faid  Bond  :  And  if  the  Perfons  in  the  Licence,  or  either  of  them, 
be  under  the  Age  of  Twenty  One  Years,    he  fhall  alfo  certify  the  Confent  of  the 
Parent  or  Guardian  of  fuch  Perfon  fo  under  Age,  and  the  Manner  thereof,    to  the 
iirft  Juflice  in  CommifFion  of  the  Peace  for  that  County,  or  to  fuch  other  Perfon  as 
fliall  be  thereto  commifTionated   by  the  Governor  or  Commander  in  Chief  for  the 
Time  being;    which  Premifes  being  performed,  the  Juflice  of  the  Peace,  or  other 
Perfon  commiiTionated  as  aforefaid,  is  hereby  authorized,  impowered,  and  required, 
to  fign  and  dired:  the  fiid  Licence ;    and  a  Licence  fo  obtained  and  figned,  and  no 
other  whatfoever,    is  declared  to  be  a  lawful  Licence,    according  to  the  true  Intent 
and  Meaning  of  this  Ad:    And  if  any  County  Court  Clerk  fhall,  in  any  Manner^ 
ifTue  any  Licence  of  Marriage,    or,    contrary  to  this  Aft,    make  Certificate  of  any 
Licence  of  Marriage  ;    and  if  any  Perfon  whatfoever  fliall  fign  or  direft  a  Licence 
m  any  otiier  Manner  than  h  by  this  A61  permitted  and  allowed,  all  and  every  Perfon 
or  Perfons  fo  offending,  fhall  forfeit  and  pay  the  Sum  of  Fifty  Founds,  Proclama- 
tion Money ;  to  be  recovered  and  applied  as  herein  after  is  directed . 

VII,     AND  he  it  further  Enacfed,  hy  the  Authority  aforefaid.  That  if  any  Mini-  Miniffcr  crRea. 

fter  or  Reader  fhall  willingly  publifh,  or  caufe  or  fuffer  to  be  pubiifhed,  the  Banns  ^Z.n^'tf^.^r^ 

of  Matrimony  between  any  Servants,  or  between  a  free  Perfon  and  a  Servant ;  or  betwe<„"s*r,vantl 

if  any  Minifler  or  Juflice  of  the  Peace  fhall  wittingly  celebrate  the  Rites  of  Matri-  t^^^tX^ 

mony  between  any  fuch,  without  a  Certificate  from  the  Matter  or  Miflrefs  of  every  s '. 

H  fuch 


58  LAWS      o/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


J.  D.  1741 .    luch  Servant,  that  it  is  done  by  their  confent;  he  fliall  forfeit  and  pay  Five  Pounds, 

^■^ — >/~~--''     Proclamation  Money,  to  the  Ufe  of  the  Mafter  or  Owner  of  fuch  Servant  j  to  be 

Av'ith'.'ut    LTa'-e,    recovered  by  Adlion  of  Debt,  Bill,  Plaint  or  Information  :  Aiad  every  Servant  fo 

vo  fcrve  I  Tear,     j^atricd,  without  the  Confent  of  his  or  her  Mailer  or  Miftrefs,  Ihall,  for  his  or  her 

faid  Offence,  ferve  his  or  her  faid  Mafter  or  Miftrefs,  their  Executors,  Adminiftra- 

tors  or  AfTigns,  one  whole  Year,  after  the  Time  of  Service  by  Indenture  or  Cuftom 

is  expired. 

Gierk  to  accftunt  VIII.  AND  he  it  further  EnuHed^  by  the  Authority  oforefaid  T\\2it  xh^  Clcxk  of 
nor  Vo'r  Ma/riage  cach  County,  annually,  at  or  before  the  Twenty  Fifth  Day  of  March,  fhall  fend  or 
Licences.  dcHver  to  the  Governor  or  Commander  in  Chief  for  the  Time  being,  an  exaft  Ac- 

count of  the  Marriage  Licences  ifiTued  by  him ;  and  each  Clerk  failing  herein,  ftiall 
forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation  Moneys  to  be  levied  and 
applied  as  herein  after  is  direfted. 

IX.     AND  be  it  further  Enabled,  by  the  Authority  aforefaidy  That  the  Fees  upon 
the  faid  Marriages,  fliall  be  as  followethj  that  is  to  fay, 

F«s.  To  the  Governor  or  Commander  in  Chief  for  the  Time  being,  for  each  Licence 

of  Marriage,  Twenty  Shillings,  Proclamation  Money. 

To  the  Clerk  of  the  County  Court,  for  iffuing  the  fame,  and  taking  the  Bond, 
Five  Shillings,  of  the  like  Money. 

Altered  to  20 s.        To  tile  Mlniftcr  for  marrying,  if  by  Licence,  Ten  Shillings,  if  by  Banns,  Five 

by  the  Clergy       Shiliino;s,  of  the  like  Money. 
Aft.  ^  '  ■' 

To  the  Juftice  of  the  Peace,  for  marrying,  Five  Shillings. 

To  the  Minifter  or  Reader,  for  publifliing  the  Banns,  and  granting  Certificate, 
One  Shilling  and  Six  Pence,  of  the  fame  Money. 

Miniffer  or  juf.  X.  AND  be  it  further  Enabled,  by  the  Authority  aforefdid.  That  if  any  Minifter 
mauy'f" r"b«*fiii  o^"  Jufticc  of  thc  Pcace  of  any  County  or  Parifti  where  a  Clergyman  doth  not  refide, 
re  s,  to  forfeit,  f^^^U  rcfufc  to  Celebrate  the  Rites  of  Matrimony,  lor  tlie  Fees  herein  fet  down  and 
3oU  i^by  Ba'nns,  allowcd,  or  fliall  demand  or  receive,  for  marrying,  either  by  themfelves,  or  by  any 
5 1.  other  Perfon  for  them,  any  larger  Fees  than  before  mentioned  to  be  allowed  to  the 

Minifter  or  Juftice  of  the  Peace,  he  fliall  forfeit  and  pay,  for  every  fuch  Offence, 
that  is  to  fay^  if  tlie  Marriage  was  to  have  been  by  Licence,  Ten  Pounds,  or  if  by 
Banns,  Five  Pounds,  Proclamation  Money ;  One  Moiety  of  all  the  Fines  and  For- 
feitures in  this  Aft  before  mentioned  and  not  particularly  appropriated,  to  be  paid  to 
the  Churchwardens  of  the  Parifli  for  the  Time  being,  for  the  Ufe  of  the  Parifli 
where  the  Offence  fliall  be  comm.itted,  the  other  Moiety  to  him  or  them  that  will  in- 
form or  fue  for  the  famej  to  be  recovered  with  Cofts,  by  A6tion  of  Debt,  Bill, 
Plaint  or  Information. 

!IJr"rS.''rrgt"'  XI-  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Minifter 
puM.di  Banns  f  r  or  Reader  of  any  Parifli  within  this  Government,  fliall  refufe  to  publifli  and  certify 
|:,7"he^^r,'y  '"  the  Banns,  for  the  Fees  herein  fet  down,  and  allowed  him  for  the  fame,  he  fliall,  for 
grieved  10 1.  evcry  fuch  Offence,  forfeit  and  pay,  to  the  party  grieved.  Ten  Pounds,  Prodamaii- 
on  Money  ;  to  be  recovered  as  before  mentioned. 


Minifter   of    the 
Paii(h    to     have 


XII.  PROVIDED  always.  That  the  Minifter  ferving  the  Cure  of  any  Parifli, 
tiie  Fes,  if  he  fhall  havc  the  Benefit  of  the  Fee  for  Marriages  m  the  faid  Panlh,  ir  he  do  not 
S?  anothel"  Le  ncgleft  Or  refufe  to  do  the  Service  thereof,  although  any  other  Perfon  performed  the 
employed.           Marriage  Ceremcity. 

XIII.  A  N  D  for  Prevention  of  that  abominable  Mixture  and  fpurious  LTue, 
which  hereafter  may  increafe  in  this  Government,  by  white  Men  and  Women  inter- 

mar^- 


L  A  IV  S    of    North-Carolina, 


59 


marrying  with  Indians,  Negroes,  Muftees,  or  Mulattoes  -,  Be  it  Enaifcd,  hy  the 
Authority  afcrefaid.  That  if  any  white  Man  or  Woman,  being  free,  fliall  intermarry 
with  an  Indian,  Negro,  Muftee,  or  Mulatto  Man  or  Woman,  or  any  Perfon  of 
mixed  Blood,  to  the  third  Generation,  bond  or  free,  he  fltall,  by  Judgment  of  the 
County  Court,  forfeit  and  pay  the  Sum  of  Fifty  Pounds  Proclamation  Money  ;  to 
the  Ufe  of  the  Parifh. 

XIV.  A  N  D  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  no  Minifter 
of  the  Church  of  England,  or  otlier  Minifter,  or  Juftice  of  the  Peace,  or  ether 
Perfon  whatfoever  within  this  Government,  fhall  hereafter  prefume  to  marry  a  white 
Man  with  an  Indian,  Negroe,  Muftee,  or  Mulattoe  Woman,  or  any  Perfon  of 
mixed  Blood,  as  aforefaid,  knowing  them  to  be  fo,  upon  pain  of  forfeiting  and 
paying,  for  every  fuch  OiTence,  the  Sum  of  Fifty  Pounds,  Proclamation  Money ; 
to  be  applied  as  aforefaid. 

XV.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  the  feveral 
Fines  and  Forfeitures  in  this  Aft,  which  exceed,  the  Sum  of  Twenty-fix  Pounds 
Thirteen  Shillings  and  Four  Pence,  Proclamation  Money,  fhall  be  heard,  tried, 
and  determined,  in  the  General  Court  of  this  Province  -,  and  all  under  the  afore- 
faid Sum,  fhall  be  heard,  tried,  and  determined  in  the  Court  of  the  County  where 
the  Offence  fliali  be  committed. 


A.  D.   i-.u. 


White      Pftf.Ms 
intcrnnnyii  i; 
with  Nciioes, 
&c.   to  toifcic 
50  1. 


Minifter  or  Juf- 
tice kiiowinjily 
inanying  wliite 
Pcrfcns  to  Ne- 
groes, &c.  to 
forfeit  50  !• 


All  Fines  exceed- 
ins:  26!.  !■)  s.  Sr 
4  d.  to  be  tried 
in  the  Gcn^ial 
Curt 

All  under  '<n  the 
Cuunty  Court. 


XVI.     AN  D  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  all  and  every    Repcaiingciaufe. 
Aft  and  Afts,  and  every  Claufe  and  Article  thereof,  heretofore  made,  fo  far  as  re- 
lates to  any  Matter  or  Thing  whatfoever  within  the  Purview  of  this  Aft,  is,  and 
are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had 
never  been  made. 

CHAP.     II. 

An  Aof,  to  impo'xer  the  feveral  Commijfwners  herein  named,  to  make,  mend,  and  alter  the 
feveral  Highways,  Roads  and  Bridges,  and  to  dear  and  cleanfe  Creeks  and  Water- 
Courfes ;  and  alfo  to  cut  fuch  Cuts  as  they  fJoall  think  convenient,  in  the  feveral  Coun- 
ties herein  after  named.     EXP. 

CHAP.  3.  An  A£l^  to  give  further  Time  for  collecting  the  Aid  granted  to  his 
Majefly,  for  Sitbjiftance  of  the  Forces  raifed  in  this  Province ;  and 
for  the  belter  coUeSiing  Taxes  and  Levies,  and  to  direct  the  Me- 
thod of  accounting  for  the  fame,  and  other  Public  Monies  herein 
mentioned.     O  B  S. 

CHAP.     4.     An  Act,  to  make  and  confirm  that  Part  of  the  main  Road  leading   Provided  for  h-y 
from  Bennet'j  Creek  Bridge  to  Virginia,  joining  to  Mr.  Henry    \^^^r]ln^x-l(>it, 
Baker'j,  iyi  Chowan   County,  altered,  for  the  Convenicncy  of  the    chap.  3. 
Public,  by  the  adjacent  Inhabitants,  to  be  the  main  and  Public 
Road. 


CHAP.     V. 


I. 


An  Ail,  to  appoint  Confiahles. 

TO  the  End  that  Conflables  may  be  regularly  appointed,  throughout  this 
Government ; 


II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  Enabled,  by  his  Excellency  Ga- 
briel Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  lis  Majeflfs 
Council,  and  the  General  /)£embly  of  this  Province,  and  it  is  hereby  Enabled,  by  the  Au- 
thority of  the  fame.  That  tlie  Courts  of  the  feveral  Counties  which  now  are,  or  here- 

H  2  after 


County  Cnu  rfs 
yearly  to  appoint 
Conftibles, 


6o 


L  A  IV  S    of    North-Carolina. 


A.  D.  1741. 


Cnnftable's 
Odth, 


after  fhall  be,  within  this  Government,  fliall,  at  the  Court  to  be  holden  for  each 
refpeftive  County  in  this  Government,  next  after  the  Firft  Day  of  January^  Yearly, 
and  every  Year,  nominate  and  appoint  as  many  Perfons  of  their  faid  County  as 
they  fhall  judge  neceflary,  to  be  Conftables  within  the  fame,  for  the  then  enfuing 
Year ;  which  Conftables  fo  appointed,  fliall  have  the  following  Oath  adminiftered 
to  them  ;  that  is  to  fay, 

YO  U  Jhall  fwear,  'that  you  will  well  dnd  truly  ferve  our  Sever eign  Lord  the  King, 
in  the  Office  of  a  Conjlable  ;  you  Jhall  fee  and  caufe  his  Majefifs  Peace  to  be  well 
and  duly  preferred  and  kept,  according  to  your  Power  ;  you  pall  arrejl  all  fuch  Perfons 
as,  in  your  Sight,  fJoall  ride  or  go  armed  offenfively,  cr  fl:all  commit  or  make  any  Riot, 
Affray,  or  other  Breach  of  his  Majefifs  Peace  ;  you  fhall  do  your  befl  Endeavour,  upon 
Complaint  to  you  made,  to  apprehend  all  Felons  and  Rioters,  cr  Perfons  riotcufly  affem- 
hled ;  and  if  any  fuch  Offenders  fJoall  make  Refifiance  ivitb  Force,  you  ffall  make  Hue  and 
Cry,  and  fhall  pur fue  them,  according  to  Law;  you  fJoall  faithfully,  and  without  Delay, 
execute  and  return  all  lawful  Precepts  to  you  directed;  you  fhall  well  and  duly,  accord- 
ing to  your  Knowledge,  Power  and  Ability,  do  and  execute  all  other  'Things  belonging  to 
the  Office  of  a  Conjlable,  fo  long  as  you  fhall  continue  in  this  Off.ce. 

SO  HELP  YOU  GOD. 


Conftable's 
Power. 


Conftable  r.eg- 
le(£ling  to  qualify 
in  ttn  Days  after 
Notice,  to  foif.it 
5QS. 


'Perfons  exempt 
from  ferving  as 
Conftable. 


Juftice  to  adinU 
uifter  the  Oath. 


On  Death  or  Ri- 
moval  "f  Confta- 
bles, Juftices  to 
apponit  other", 
until  the  next 
Court  ;  when 
they  may  con- 
tinue them,  or 
afpuint  others. 


III.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  and  every 
Conftable  fo  appointed,  nominated  and  fworn,  is,  and  they  are  hereby  invefted  with, 
and  may  execute  the  fame  Power  and  Authority,  to  all  Intents  and  Purpofes,  as  the 
Conftables  within  the  Kingdom  of  England  are  by  Law  invefted  with  and  execute. 

IV.  AN B  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Perfon 
or  Perfons,  nominated  and  appointed  Conftable  by  the  Court  of  any  of  the  Counties 
within  this  Government,  fhall  negledt  or  refufe  to  qualify  himfelf  according  to  the 
Dire6tions  of  this  Aft,  within  Ten  Days  after  Notice  of  his  Nomination  and  Ap- 
pointment as  aforefaid,  without  he  can  fhew  fufiicsent  Caufe  for  his  Negleft,  to  be 
admitted  of  by  the  Juflices,  who  fhall  or  may  grant  their  Warrant  to  recover  the 
Penalties  in  this  A(5t  mentioned,  he  fhall  forfeit  the  Sum  of  Fifty  Shillings,  Pro- 
clamation Money  ;  to  be  recovered  by  a  Warrant  from  two  Juftices  of  the  Peace 
in  the  County  where  fuch  Perfon  was  appointed  Conftable,  and  applied  to  the  Ufe 
of  the  County  where  fuch  Conftable  was  appointed  •,  provided  fuch  Notice  be  in 
Writing,  figned  by  the  Clerk  of  the  Court,  and  ferved  by  the  Sheriff  of  the  County, 
or  preceeding  Conftable,  on  fuch  Conftable  or  Conftables  as  fhall  be  appointed, 
according  to  the  Directions  of  this  Ad. 

V.  PROVIDED  always.  That  no  Perfon  in  Commiffion  of  any  Ofhce, 
Civil  or  Military,  or  Member  of  AfTembly,  for  the  Time  being,  nor  any  one  who 
has  ferved  in  any  fuch  Station,  or  any  other  who  has  ferved  as  Conftable,  within 
the  Space  of  Five  Years  before,  nor  any  Perfon  who  is  exempt,  by  the  Laws  of 
England,  fhall  be  obliged  to  ferve  in  the  Office  of  Conftable ;  any  Law,  Ufage 
or  Cuftom  to  the  contrary  notwithftanding. 

VI.  AND  be  it  further  Enabled,  That  any  one  Juftice  of  the  Peace  of  the 
County  fhall,  and  he  is  hereby  impowered  to  adminifler  to  the  feveral  Conftables 
hereafter  to  be  appointed  in  his  County,  the  Oath  direded  by  this  A6t  for  their 
QuaUfication. 

VII.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  upon  the 
Death  or  Removal  of  any  Conftable  out  of  the  Diftrift  for  which  he  was  appointed 
Conftable,  it  fhall  and  may  be  lawful  for  the  Juftices  of  the  County  Court,  in  which 
fuch  Diftri6t  fliall  be,  or  any  one  of  them,  to  appoint  and  fwear  another  Pcrlbn  to 
be  Conftable,  in  the  Room  and  Stead  of  the  Conftable  dead  or  removing  out  of  his 
Diftrift  as  aforefaid,  who  fliall  a£t  until  the  next  County  Court ;  the  Juftices  of 
which  Court  fhall  then  either  continue  the  Perfon  appointed  as  aforefaid,  or  nomi- 
nate and  appoint  a  new  one. 

VIII.  AND 


Z/-^i^»Sc/    North-Carolina.  6r 


J.  D.    1741. 

Cull. hie    ivtuf. 


VIII.  AND  he  ii further  Ena^ed,  by  the  Authority  aforefaid.  That  if  any  Con- 
ftable  to  whom  any  Precept  is  direfted,  by  any  Juftice  of  the  Peace,  fhall   refufe  ^,  ,,„^|^  ,„,^, 
or  negleft  to  ferve  fuch  Precept,  he  fhall,  for  every  fuch  Offence,  on  Complaint  ingio  fervei4- 
of  the  Party  profecuting,  be  fined,  at  the  Difcretion  of  the  Court  of  which  fuch  l\^l^[  d  fc'r^'i'on 
Jnftice  is  a  Member  -,  to  be  paid  to  the  Complainant.  of  the  Cuuu. 

IX.  A  N  D  for  the  better  executing  atiy  Precept  or  Mandate,  in  extraordinary    For  wart  of  a 
Cafes ;  Be  it  Ena£fed^  by  the  Authority  aforefaid.   That  it  fhall  and  may  be  lawful,    ce7t  ma'y'be  du 
to  and  for  any  Juftice  of  the  Peace  within  this  Government,  to  diredt  any  fuch  Pre-    ''^'^"J,  '"'"y  "' 
cept  or  Mandate,  in  the  Abfence  of,  or  for  Want  of  a  Conftable,  to  any  Perfon,    b^ingaVaily. 
not  being  a  Party,  who  fhall  be  obliged  to  execute,  or  endeavour,  in  the  beft  Man- 
ner he  can,  to  execute  the  fame  -,  under  the  like  Penalty  any  Conftable  fliall  be  li- 
able to  by  Virtue  of  this  A61 ;  to  be  recovered  and  applied  as  aforefaid. 

X.  AND  he  it  Enacted^  by  the  Authority  afcrcfaid.  That  every  Conftable  within  Conftable?  er- 
this  Province,  appointed  and  qualified  as  herein  before  is  directed,  fliall  be,  and  is  pry-npVlxes& 
hereby  exempted  from  all  Provincial,  County,  and  Parifh  Taxes,  for  himfelf  only,  woricing  on  the 
and  from  working  on  the  Roads,  for  and  during  the  Year  he  fhall  be  Conftable  ;  ^^"'"*'" 

any  Law,  Ufage,  or  Cuftom  to  the  contrary,  notwithftanding. 

XI.  AN  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  all  and  every 

other  Aft  and  Afts,  and  every  Claufe  and  Article  of  the  fame,  heretofore  made,    ^'^"  '"^ 
fo  far  as  relates  to  the  appointing  of  Conftables,  is,   and  are  hereby  repealed  and 
made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been  made. 

CHAP.     VL 

An  Act,  to  improve  and  amend  the  Navigation  of  New-River,  in  Onflow  County. 

O  B  S. 

CHAP.     7.     An  Act,  to  confirm  and  erect  that  Part  of  the  Province  of  North-  This  a«  repcii- 

Carolina   called  Edgcomb   County,  into  a  County,  by  the  Name  g  ^^jl^^/^the 

o/"Edgcomb  County,  and  for  eflablifhing  the  faid  County  a  Parifh  ;  c>unty  am  pa- 

and  for  afcertainin?  the  Boundary  Line  between  the  Northweft  '}!^r/^u^^If^ 

and  Society  Farifbes,  in  Bertie  County.  pancdseot.1756. 

Chap.  9. 

il.TT  7"  E  pray  that  it  may  be  Ena6ted,  And  be  it  Enacted,  by  his  Excellency  Ga-    Edgcmbefti- 

y  V     bricl  Johnfton,  £/^;  Governor,  by  and  with  the  Advice  and  Confent  of  his    ^^'^^^' 
Majeftys  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,   by 
the  Authority  of  the  fa?ne.  That  that  Part  of  this  Province  now  called  Edgcomb  Coun- 
ty, be,  and  is  hereby  eftablifhed  a  County,  by  the  Name  of  Edgcomb  County,  the 
Bounds  whereof  fhall  be  as  follow  j  Beginning  on  Roanoke  River,  at  Jenkin  Henrfs    rts  Boends, 
upper  Corner  Tree  j  from  thence,  a  ftreight  Courfe  to  the  Mouth  of  Cheek's  Mill 
Creek,  on  Tar  River ;  and  from  the  South  Side  of  the  faid  River,  oppofite  to  the 
faid  Creek,  a  ftreight  Line  into  the  Middle  Grounds,  between  Tar  and  Neufe  Ri- 
vers •,  which  fhall  be  the  dividing  Line  between  Beaufort  and  Edgcomb,  and  Craven 
Counties ;  and  from  thence,  up  as  nigh  as   may  be,  keeping  the  Middle  between 
the  faid  two  Rivers,  which  fhall  be  the  dividing  Line  between  the  Counties  of  Cra- 
ven and  Edgcomb,   and  Beaufort :   And  the  County  Courts  of  Craven  and  Edgcomb, 
are  hereby  impowered,  each  of  them,  for  their  refpeftive  Counties,  to  appoint  two    i;ro"^f  "hHal^i 
CommifTioners  to  run  out  the  Bounds  or  dividing  Line  between  Craven  and  Edg-    2''"^^=« 
comb ;  which  Line  fo  run  out  as  abovefaid,  and  marked,  ftiall  be  the  dividing  Line 
between  the  faid  Counties. 


CHAP. 


62 


LAWS     of    North-Carolina. 


J.  D.  1741.  CHAP.     VIII. 

An  Act,  to  prevent  fiealmg  of  Cattle  and  Hogs,  and  altering  and  defacing  Marks  and 
Brands,  and  mifma'rking  and  mifhranding  llorfcs.  Cattle  and  Hcgs,  unmarked  and 
iinbranded. 


Preamble, 


Perfi'ns  dealing 
O^trle,  (2fc.  cr 
altering  Marks 
of  Cutle,  Gfc 
what  Penalties 
liable  to. 


Perfons  fe;::ng 
the  Climes  coni» 
mitteJ,  and  not 
difcovering  it  in 
]o  1)  lys,  to  for- 
feu  5  1. 


Evidence   fuffici 
tn:,    if  he    told 
any     Psrf.n     he 
f3w   the    Crimes 
commuted, 


I,  T'^THEREAS  many  wicked  Men  in  this  Province,  being  too  lazy  to  get 
Y  Y  their  Living  by  honeft  Labour,  make  it  their  Bufineis  to  ride  in  the 
"Woods  and  ileal  Cattle  and  Hogs,  and  alter  and  deface  the  Marks  and  Brands  of 
others,  and  mifmark  and  mifbrand  Horfes,  Cattle  and  Hogs,  not  marked  or  brand- 
ed :  And  whereas  the  Laws  in  Force  in  this  Province  are,  by  Experience,  found 
not  to  be  fufficient  to  remedy  thofe  Evils : 

II.  We  pray  that  it  may  be  Enabled,  And  be  it  Enacted,  by  his  Excellency  Ga- 
briel Johnfton,  Efq;  Governor,  by  and  with  the  /Advice  and  Confent  of  his  Majeffs 
Council,  and  the  General  AJfenibly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  if  any  free  Perfon  or  Perfons  fhall  Ileal  any  Neat  Cat- 
tle or  Hog,  or  fhall  alter  or  deface  the  Mark  or  Brand  of  any  other  Perfon  or  Per- 
fons Hotfe,  Neat  Cattle  or  Hog,  fuch  Perfon  or  Perfons,  being  thereof  lawfully 
convifted,  fliall,  for  every  Neat  Cattle  or  Hog  he  or  they  fliall  ileal  t  or  for  every 
Florfe,  Mare,  Colt,  Neat  Cattle  or  Hog,  whofe  Mark  or  Brand  he  or  they  fiiall 
alter  or  deface,  over  and  above  the  Value  of  fuch  Neat  Cattle  or  Hog  fo  ilole  ;  or 
for  every  Horfe,  Mare,  Colt,  Neat  Cattle  or  Hog,  whofe  Mark  or  Brand  he  or 
they  fliall  alter  or  deface,  forfeit  and  pay  the  Sum  of  Ten  Pounds,  Proclamation 
Money  ;  to  be  recovered  by  Afticn  of  Debt,  in  any  Court  of  Record  v/ithin  this 
Province  ;  wherein  no  EIToin,  Injunction,  Protedion,  or  Wager  of  Law,  Ihall  be 
allowed  or  admitted  of,  by  the  Owner  of  fuch  Florfe,  Mare,  Colt,  Neat  Cattle 
or  Hog,  that  fhall  be  fo  fbolen,  or  the  Mark  or  Marks,  Brand  or  Brands,  fo  alter- 
ed or  defaced ;  provided  he  profecute  for  the  fame  within  Six  Months  after  Dif- 
eovery  of  the  Fad  committed  •,  and  after  that  Time,  any  Perfon  may,  as  well  as 
the  Ov.'ner,  fue  for,  and  recover  the  fame ;  provided  fuch  Profecution  is  com- 
menced v/ithin  One  Year  after  Difcovery  of  the  Fad  committed  ;  and  the  Offen- 
der fliall,  over  and  above  the  faid  Fine,  receive  Forty  Laflies,  on  his  bare  Back, 
vv^ell  laid  on  ;  and  for  the  fecond  Offence,  fhall  pay  the  Fine  above  mentioned,  and 
Hand  in  the  Pillory  Two  Hours,  and  be  branded  in  the  left  Fland,  with  a  red  hot 
Iron,  with  the  Letter  T.  And  if  any  Perfon  or  Perfons  fhall  mifmark  or  mifbrand, 
any  unbranded  or  unmarked  Horfe,  Mare  or  Colt,  Neat  Cattle  or  Hog,  not  pro- 
perly his  or  their  own,  he  or  they  fhall  forfeit  and  pay  the  Sum  of  Ten  Pounds, 
Proclamation  Money,  over  and  above  the  Value  thereof,  for  every  fuch  Horie, 
Mare,  Colt,  Neat  Cattle  or  Hog,  fo  mifmarked  or  mifbranded  ;  to  be  recovered 
as  ■  aforelaid, 

III.  A  ND  to  prevent  the  concealing  fuch  Offences  -,  Be  it  Enacted,  by  the  Au- 
thority aforefaid.  That  if  any  Perfon  or  Perfons  fhall  fee  any  other  Perfon  or  Per- 
fons committing  any  of  the  Crimes  aforefaid,  and  fliall  not  difcover  the  fame,  in 
Ten  Days,  to  fome  Magiflrate  ;  then,  and  in  fuch  Cafe,  fuch  Perfon  or  Perfons, 
for  not  difcovering  the  faid  Crime,  fliall  forfeit  the  Sum  of  Five  Pounds,  Procla- 
m.ation  Money,  for  every  Time  he  fhall  lee  the  faid  Crime  or  Crimes,  or  any  oi 
them  committed  ;  to  be  recovered  by  any  Perfon  or  Perfons  who  will  fue  for  the 
fame,  by  A6tion  of  Debt,  in  any  Court  of  Record  in  this  Province  ;  wherein  no 
Effoin,  Protedion,  Injundion,  or  Wager  of  Law,  fliall  be  allowed  or  admitted 
of. 

IV.  AND  becaufe  it  is  diiBcult  to  convid  any  Perfon  who  has  feen  fuch  Crimes 
committed,  if  he  will  deny  the  iame -,  Be  it  further  Enacted,  by  the  Authority  afore- 
faid. That  it  fliall  be  fufhcient  Evidence  to  convid:  any  Perfon  who  has  feen  any 
of  the  aforefaid  Crimes  committed,  if  it  be  proved  that  he  has  told  any  other  Per- 
fon that  he  did  fee  the  faid  Crimes,  or  any  of  them,  committed. 

V.  AND 


LAWS    of    Nokth-Caroli 


63 


V.     AND  whereas,  by  common  Cuftom  in  this  Province  of  killing  of  Cattle  ■^-  D.   ijj^i, 

and  Hogs  in  the  Woods,    great  Opportunities  are  given  to  ftcal  the  Cattle  and  j,^ 

Hoo-s  of  other  People  \    Be  it  therefore  Enacted,    by  the  Authority  aforefaid.    That  if  C; 

any  Perfon  hereafter  fhall  kill  any  one  or  more  neat  Cattle  or  Hogs  in  the  Woods,  ''^, 

he'lhall,  within  two  Days,  Ihew  the  Head  and  Ears  of  fuch  Hog  or  Hogs,,  and  the  n 

Hide  with  the  Ears  on  of  fuch  neat  Beafl:  or  Cattle,  to  the  next  Magiftrate,  or  to  two  *^ 

fubllantial  Freeholders,  under  Penalty  of  Five  Pounds  Proclamation  Money  ;  to  be  m 
recovered  by  any  Pcrlbn  who  will  fue  for  the  fame,  by  A6lion  of  Debt,  Bill,  Plaint, 
or  Information,  in  any  Court  of  Record  in  this  Province  •,  wherein  no  Effoin,  Pro- 
tedion,  Injunction,  or  Wager  in  Law,  fhall  be  allowed. 


Itle  ot  H(  ts 
the  Woods,  (i> 
w  E.irs  and 
lie,  in  2  Dajs, 
a  Mag  OraU, 
2F.t1-hol.Jfrs, 
I'cnaltj  of  5  1. 


VI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Pcrfbn 
in  this  Province,  who  hath  any  Horfes,  Cattle,  or  Hogs,  fhall  have  an  Ear  Mark 
and  Brand,  different  from  the  Ear  Mark  and  Brand  of  ail  other  Perfons  ;  which 
Ear  Mark  and  Brand  he  fhall  record  with  the  Clerk  of  the  County  where  his  Hor- 
fes, Cattle,  or  Hogs  are,  if  not  already  recorded ;  and  that  he  fliall  brand  all  Hor- 
fes with  the  faid  Brand,  from  Eighteen  Months  old  and  upwards,  and  Ear  Mark 
all  his  Hogs,  from  Six  Months  old  and  upwards,  with  the  faid  Ear  Mark ;  and 
Ear  Mark  or  brand  all  his  Cattle,  from  Twelve  Months  old  and  upwards,  with  the 
fiiid  Ear  Mark  and  Brand  :  And  if  any  Difpute  fliall  arife  about  any  Ear  Mark  or 
Brand,  the  fame  fhall  be  decided  by  the  Book  of  the  Clerk  of  the  County  Court, 
where  fuch  Cattle,  Horfes,  or  Hogs,  are. 


Perfons      )ia»ing 
Cattle,     £ff.    ti> 

have  a  Mdrk  and 
Brand,  iccordtd. 


Cattle,  Horfe';, 
and  H'l^s,  when 
t.i  be  n.arkcd  ar.il 
biacded. 


VII.  AND  he  it  furth-r  Enacted,    by  the  Authority  aforefaid.    That  when  any  Perfons    petimg 
Perfon  fliall  buy  any  neat  Cattle  from  another,  or  come  to  the  lame  by  Gift,  Will,  ^1%^  bLYt'Le 
or  any  other  lawful  Means,  that  then,  and  in  fuch  Cafe,  the  Perfon  who  has  gained  f^n^^  with  his 
the  fame  by  any  of  the  Ways  aforefaid,    fhall,    within  Eight  Months,    brand  the  ^^*'^" 
aforefaid  neat  Cattle  with  his  own  proper  Brand,  in  the  Prefcnce  of  Two  creditable 
WitnefTes,  a  Certificate  of  which  fliall  be  figned  by  the  faid  WitnefTes. 

VIII.  AN  Dhe  it  further  Enacted,  by  the  Authority  aforefaid.  That  this  Acfl  fhall  This  ao  \o  be 
be  publickly  read,  by  the  Clerk  of  every  County  Court  in  this  Province,  at  lealt  [^'f^e  'l^i^!^' 
Twice  every  Year,  vix.  at  the  Firft  Court  after  Eafier,  and  the  Firfl  Court  after 

Auguft,  in  the  Morning,  on  the  fecond  Day  of  the  Court,  in  open  Court,  under 
Penalty  of  Twenty  Shillings  Proclamation  Money ;  to  be  recovered  by  any  Perfon, 
by  a  Warrant  under  the  Hands  and  Seals  of  any  Two  Juflices  of  the  Peace  of  the 
County,  to  the  Ufe  of  the  Informer. 

IX.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  if  any  flrange  strange  otde 
Cattle  (hall  go  into  the  Cowpen  of  any  Perfon  in  this  Province,  the  Owner  of  that  cX^pen°  owner 
Cowpen,    if  he  refides  there,    or  the  Overfeer  or  Manager,    where  the  Owner  does  '<>  6'*^  ^';^-^^ 
not  refide,  fhall  be  obliged  to  give  public  Notice  thereof,  by  afBxing  a  Note  of  the  \"izu  °" 
Flelh-Marks,  and  Ear-Mark,  and  Brand  of  all  fuch  fbrange  Cattle  as  fhall  be  at  his 

Pen,  at  the  Church  Doors  of  the  Parifli  where  the  faid  Cowpen  is,  or  where  there 
is  no  Church,  at  the  Court-Houfe  Door,  in  one  Month  after  fuch  Cattle  fhall  come 
to  his  Pen,  under  the  Penalty  of  Twelve  Shillings,  Proclamation  Money,  for  every 
Beafl  that  he  fhall  neglect  to  give  fuch  Notice  of;  to  be  recovered  in  the  fame 
Manner,  and  to  the  fame  Ufes,  as  the  Fine  lafb  mentioned. 


X.  AND  he  it  further  EnaBed,  by  the  Authority  aforefaid.  That  if  any  Negroe, 
Indian,  or  Mulatto  Slave,  fhall  kill  any  Horfe,  Cattle,  or  Hog,  belonging  to 
any  Perfon  whatfoever,  without  the  Confent  of  the  Owner  or  Owners  thereof,  or 
fhall  fteal,  mifbrand,  or  mifmark,  any  Horfe,  Cattle,  or  Hog,  fuch  Slave  or  Slaves 
fhall,  for  the  FiiTc  Offence,  fuffcr  both  hio  Ears  to  be  cut  off,  and  be  publickly  whip- 
ped, at  the  Difcretion  of  the  Juflices  and  Freeholders  before  whom  he  or  fhe  Ihall 
be  tried  ;  and  for  the  Second  Offence,  fhall  fufTer  Death  :  And  the  Trial  and  Con- 
viftion  of  the  faid  Slave  or  Slaves,  fhall  be  in  fuch  Manner  as  is  prefcribed  by  an 
A<^  of  Alfembly,  intituled.  An  AB  concerning  Servants  and  Slaves. 

XI.  AND 


S'aves  fte^Iing  oi 
milfnarking    any 

I'tT.iUus     hable 
to. 


64 


LAWS    of    North-Carolina. 


A.  D. 


1741. 


RcpealinjCla'jf;, 


XI.  A  N D  be  it  further  Ena^ed^  hy  the  Authority  af ore/aid.  That  all  and  every 
other  Aft  and  Afts,  and  every  Claufe  and  Article  thereof,  heretolcre  made,  fo  far 
as  relates  to  the  preventing  the  Healing  of  Horfes,  Cattle,  and  Hogs,  and  altering 
and  defacing  the  Marks  and  Brands,  and  mifmarking  and  mifbranGing  the  fame,  or 
to  any  other  Matter  or  Thing  whatfoever,  within  the  Purview  ot  this  A61,  is  and 
are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had 
never  been  made. 


Pfcimble, 


BcunJaries  be- 
tween  Eiiaqnm'', 
"tyrell,  &  B.iu- 
fort. 


ietwfen  Tyrell 
and  Beaufort. 


County  Coarfs 
to  lay  a  Tax,  to 
defray  thecharge 
of  tunning  the 
Boundaries, 


CHAP.     IX, 

An  ASl  for  afcertaining  the  Bo".ndary  Line  between  Tyrell  and  Beaufort  Counties,  and 
between  Edgcomb  County,  and  Tyrell  and  Peauiort  Counties,  (a) 

I.  TT7HEREAS  Difputes  daily  arife,  between  the  Inhabitants  of  Tyrelli 
y  Y  Beaufort,  and  Edgcomb  Counties,  by  Reafon  the  Boundary  Line  between 
Tyrell  and  Beaufort  Counties,  and  between  'Tyrell  and  Edgcomb  Counties,  are  not 
fufficiently  afcertained  and  known  •,  by  Means  of  which  Uncertainty,  the  Inhabi- 
tants within  the  difputed  Bounds  refufe  to  pay  their  Public  and  Parifh  Levies  to  any 
of  the  Colledlors  of  the  laid  Levies  of  either  of  the  laid  Counties :  For  Remedy 
whereof, 

II.  WE  pray  that  it  may  be  Enafted,  And  be  it  Enabled,  by  his  Excellency  Ga- 
briel Joh niton,  Efq\  Governor,  by  and  with  the  Adzice  and  Ccnjent  of  his  Majejifs 
Council,  and  the  General  .ifjembly  of  this  Province,  and  it  is  hereby  Enad.  ed,  by  the  Au" 
thority  of  the  fame.  That  each  of  the  County  Courts  ot  Tyrell,  Eugcomb,  and  Beaii^' 
fort,  fhall  appoint  one  Perfon,  who  fhall  fettle  and  run  the  Boundary  Line  beiwctn 

Tyrell  and  Edgcomb  Counties,  and  between  Part  of  Edgcomb  and  Eeaifort  Counties, 
in  Manner  following,  that  is  to  fay ;  The  faJd  Commiflioners  fliaii  begin  at  the 
upper  Corner  Tree  oijenkin  Henry's  Line,  on  the  South  Side  of  Rcancke  RiVcr,  and 
irom  thence  run  a  direft  Line  to  the  Mouth  of  Cheek's  Mill  Creek,  on  lar  River ; 
and  the  faid  Commiflioners,  as  foon  as  the  faid  Line  is  finifhed,  Ihall^  under  their 
Hands,  return  the  Courfes  thereof  into  each  of  the  Courts  of  the  aforefaid  Counties, 
^vhich  fliall  be  recorded  by  the  Clerks  of  the  faid  feveral  Courts :  And  the  faid 
Line  fo  run,  fhall  for  ever  after  be  deemed  the  Boundary  Line  between  Tyrell  and 
Edgcomb  Counties,  and  between  Edgcomb  and  Beaujort  Counties,  frooi  Tyrell  County 
as  far  as  Tar  River. 

III.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  Ae  Flat 
Swamp,  which  heretofore  was  the  Boundary  of  Albemarle  and  Bath  Counties,  fliall, 
to  the  Head  of  the  faid  Swamp,  and  from  the  Head  thereof,  by  a  diredl:  Line  to  the 
aforefaid  Line  between  Tyrell  and  Edgcomb  Counties,  for  ever,  be  the  Boundary  Line 
between  Tyrell  and  Beaufort  Counties. 

IV.  A  N  D  for  defraying  the  Charge  of  running  the  faid  Line,  Be  it  fiirthcr 
Enabled,  by  the  Authority  aforefaid.  That  each  of  the  County  Courts  of  Beaufort^ 
Tyrell,  and  Edgcomb,  be,  and  are  hereby  impowered,  to  lay  a  Poll-Tax,  not  exceeds 
ing  the  Sum  of  Four  Pence  Proclamation  Money,  fer  Tithable,  upon  the  Inhabi- 
tants of  their  refpeftive  Counties,  and  Ihall  caufe  the  fame  to  be  levied  in  the  fame 
Manner  the  Public  Taxes  are  levied ;  and  Ihall,  out  of  the  Money  arifing  by  the 
faid  Tax,  pay  and  fatisfy  their  refpedive  Commiflioners,  for  their  Trouble  and 
Charges  expended  in  running  the  aforefaid  Boundary  Lines  :  And  after  paying  and 
fatisfying  the  Commiflioners  for  their  Trouble  and  Charges,  each  County  Court 
fhall  apply  the  Money  remaining,  if  any  be,  to  the  Ufe  of  the  County  where  fuch 
Tax  is  colleded. 

CHAP, 


(a)  See  Ait,  April  1748,  Chap.  5,  {i)t  continuing  running  the  Lines  of  thcfe  Counties, 


LAWS     o/'    North-Carolina.  6$ 

CHAP.      X.  ^.  D.   I74I. 

An  A51,  to  enlarge  the  Time  for  enrolling  of  Lands  in  the  Auditor'' s  Office^  and  proving 
the  quiet  Poffejfun  of  Lands  for  Twenty  Tears  f.aft,  and  upwards.     O  B  S. 


CHAP.     XL 

An  A£t,  for  retraining  the  taking  of  excejfive  Ufury. 

FORASMUCH  as  the  fettling  of  Intereft  at  a  reafonable  Rate,  will  greatly  tend  Prcamtic. 
to  the  Advancement  of  Trade,  and  Improvement  of  Lands,  by  good  Hulban- 
dry,  with  many  other  confiderable  Advantages  to  this  Province  :  And  whereas  di- 
vers Perfons  of  late,  have  taken  great  and  excefllve  Sums  tor  the  Loan  of  Money, 
Goods  and  Merchandizes  -,  to  the  great  Dilcouragement  of  Induitry,  in  the  Huf- 
bandry,   Trade  and  Commerce  of  this  Province : 

II.     Wi  pray  that  it  may  be  Enaded,  And  he  it  Enacted^  by  his  Excellency  Ga-    ^? '''''"''"  *". 

-\  T-  r        /^  111  J     ■  J    /^        ~  c       ■  '^''''   ""^'f^    tban 

briel  Johniton,  A/^-,  Goveryior,  by  and  with  the  t.dvice  and  Lcnjent  of  kts  Alajejifs  fix  per  Ccnt.  fut 
Council^  and  the  General  AffenMy  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Au-  ^"^"'''• 
thority  of  the  fane.  That  no  Pcribn  or  Perfons  whatfoever,  from  and  aiter  the  Firft 
Day  of  May,  which  fhall  be  in  the  Year  of  our  Lord  One  Thouland  Seven  Hun- 
dred and  Forty-one,  upon  any  Contrail,  to  be  made  atter  the  laid  Firft  Day  oi  May, 
fnall,  direftly  or  indireftly,  take  for  Loan  of  any  Monies,  Wares,  Merchandizes, 
or  Commodities  v/hatfoever,  above  the  Value  of  Six  t^ounds,  by  Way  of  Difcount  or 
Intereft,  for  the  F'orbearance  of  One  Hundred  Poun  s,  for  One  Year,  and  fo  after 
that  Rate,  for  a  greater  or  lefler  Sum,  or  for  a  longer  or  fhorter  Time  :  And  that 
all  Bonds,  Contrails,  and  AfTurances  whatfoever,  made  after  tive  Time  aforeft.id, 
for  the  Payment  of  any  Principal  or  Money  to  be  lent,  or  covenanted  to  be  per- 
formed, upon  or  for  any  Ufury,  whereupon  or  whereby  there  fhall  be  referved  or 
taken  above  the  Rate  of  Six  Pounds  in  the  Hundred,  as  aforefaid,  lliall  be  utterly 
void  :  And  that  all  and  every  Perfon  or  Perfons  whatfoever,  which,  after  the  Time  P^f*"^"'  ♦ai<ing 
aforefaid,  upon  any  Contrail  to  be  made,  after  the  faid  Firft  Day  of  May,  fliall  Toubie  thevlU! 
take,  accept  and  receive,  by  Way  or  Means  of  any  corrupt  Bargain,  Loan,  Ex- 
change, Shift  or  Intereft,  of  any  Monies,  Wares,  Merchandizes,  or  other  Thino- 
or  I'hings  v/hat'oever,  or  by  any  deceitful  Ways  or  Means,  or  by  any  Difcount, 
Covin,  Device,  or  deceitful  Conveyance,  for  the  forbearing  or  giving  Day  of  Pay- 
ment, for  one  whole  Year,  of  or  for  their  Money  or  other  Thing,  above  the  Sum  of 
Six  Pounds  for  the  forbearing  of  One  Hundred  Pounds  for  a  Year,  and  fo  after 
that  Rate  for  a  greater  or  leifer  Sum,  or  for  a  longer  or  ftiorter  Timx,  fhall  forfeit 
and  lofe,  for  every  fuch  Ofience,  the  double  Value  of  the  Monies,  Wares,  Mer- 
chandizes, and  other  Things  fo  lent,  bargained,  exchanged  or  fliifted  ;  the  one 
Moiety  of  all  which  Forfeitures  to  be  to  our  Sovereign  Lord  the  King,  his  Fleirs 
and  Succeflfors,  for  and  towards  the  Support  of  this  Government,  and  the  contin- 
gent Charges  thereof,  and  the  other  Moiety  to  him  or  them  that  v/ill  fue  for  the 
fame,  by  Ailion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record 
within  this  Province  ;  wherein  no  ElToin,  Protcclion,  or  V/ager  of  Law,  fliall  be 
allowed  or  admitted  of. 


C  H  A  P.     XII. 

An  AH,  for  atipo'mting  and  hying  out  a  Town  on  or  near  Mittarn'-c  Vcint,  en  the  South 
Side  of  New-River,  in  Onflow  Onoity,  by  the  JName  of  Jolinfton. 

I-  ^"^7"  HERE  AS  the  Inhabitants  of  Onflow  County,  have  petitioned  for  an 
W  Acl  for  appointing  a  Town  on  M:tta"i%  Point,  on  the  South  Side  of 
Neiv-Wver,  and  that  Commifnoners  may  be  appointed  to  lay  out  the  Lots  in  the 
faid  Town,  and  to  difpofe  of  them  in  Manner  in  the  faid  Petition  mentioned  j  and 
for  laying  a  Levy,  for  building  a  Court-houfe  and  Jail,  for  the  fiid  Countv : 

I  II.  V\^E 


66 


LAWS    of    North-CaPxOlina. 


Commiflioners 
appointed  to  lay 
out  the  Town. 


J.  D.  1 74 1.  11.  W  E  pray  that  it  may  be  Enadted,  And  be  it  Enacted^  by  his  Excellency  Ga- 
briel Johnfbon,  Efq;  Governor,  by  and  with  the  Advice  and  Conjent  of  his  Majeftfs 
Council,  and  General  Ajfembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Au- 
thority of  the  fame.  That  as  foon  as  the  Proprietor  of  the  Land  on  the  laid  Point 
fhall  acknowledge  his  or  her  Confent  and  Concurrence,  in  open  Court  of  the  faid 
County,  to  have  fuch  Part  of  the  faid  Land  laid  out  for  a  Town  as  herein  after  is 
direfted,  it  Ihall  and  may  be  lawful  for  Samuel  Johiflon,  John  Starkey,  Jonathan 
Ereemain,  Samuel  James,  and  James  Foil,  Efquires,  who  are  hereby  noniinated  and 
appointed  Commiflioners,  with  full  Power  and  Authority,  to  lay  out  One  Hundred 
Acres  of  Land,  at  the  faid  Mittam^s  Point,  for  a  Town,  by  the  Name  oljohnfon  ; 
and  they,  or  the  major  Part  of  them,  are  hereby  direfted  and  impowered,  to  lay 
out  One  Hundred  Acres,  at  and  adjoining  the  faid  Point,  into  Lots  of  Half  an 
Acre  each,  with  convenient  Streets,  and  a  Square  for  Public  Buildings. 


CommiiTioners  to 
convey  Lots,  for 
los. 


III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  when  the  Com- 
miflioners, or  the  major  Part  of  them,  have  laid  out  the  faid  Town  into  Lots  and 
Streets  as  aforefaid,  every  Perfon  whatfoever,  who  is  willing  to  be  an  Inhabitant  of 
the  faid  Town,  fliall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  afore- 
faid, and  not  before  taken  up  •,  which  Lot  or  Lots  the  Commiflioners  before  ap- 
pointed, or  the  Majority  of  them,  are  hereby  impowered  to  grant,  convey,  anci 
acknowledge,  to  the  Perfon  or  Perlbns  fo  taking  up  the  fame,  and  his  Heirs  and 
Afllgns  for  ever,  in  Fee  Simple,  upon  the  Payment  of  Ten  Shillings,  Proclama- 
tion Money,  or  the  Value  thereof  in  Currency,  to  the  Treafurer  herein  after 
named. 


Treafurer  ap- 
pointed. 


IV.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid,  Thzx.Ja?nes  Foil, 
Efq;  be,  and  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  and 
Sums  of  Money  which  lliall  arife  by  the  Sale  of  the  faid  Lots,  for  the  Ufes  here- 
after mentioned  ;  and  on  the  Death  or  Departure  out  of  the  Government  of  the  faid 
Treafurer,  the  faid  Commiflioners,  or  the  major  Part  of  them,  fhall  appoint  fome 
other  Perfon  Treafurer,  in  the  Place  of  the  faid  Treafurer. 


Treafurer  to  give 
Secuiity, 


Lnts  to  tie  faved 
in  two  Vtars. 


V.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Treafurer 
herein  appointed,  and  every  Treafurer  that  fliall  or  may  be  hereafter  appointed  by 
the  CommifTioners  as  aforefaid,  fhall  give  Security  to  the  County  Court,  that  he 
fhall  and  will  account  with,  and  pay  in  all  the  Monies  he  fhall  receive  by  the  Sale 
of  all  and  every  the  Lot  and  Lots  that  fliall  be  fold  Yearly,  on  the  Twenty  Fifth 
Day  of  March,  to  Mr.  Hope  Dexter,  or  the  Proprietor  of  the  faid  Land. 

VI.  P  ROVID  ED  always.  That  if  any  Lot  or  Lots  fliall  be  granted  and 
conveyed,  by  the  faid  Commiflioners,  to  any  Perfon  or  Perfons  whatfoever,  who 
fhall  not,  within  Two  Years,  build  a  good  fubflantial  habitable  framed  Houfe,  not 
of  lefs  Dimenfions  than  Twenty  Four  Feet  in  Length,  and  Sixteen  Feet  wide, 
befides  Sheds  or  Leantos,  or  make  fuch  Preparation  for  fo  doing,  as  the  Commjf- 
fioners,  or  the  major  Part  of  them,  fliall,  on  View,  think  reafonable,  fuch  Grant 
or  Conveyance  fhall  be  void,  and  it  is  hereby  declared  void  and  of  none  Efied, 
as  if  the  fame  had  never  been  made  -,  and  the  CommifTioners  may  grant  and  con- 
vey fuch  Lot  or  Lots  which  fhall  not  be  built  on  within  the  Time,  and  in  the 
Manner  as  is  herein  before  direfted,  to  any  other  Perfon  or  Perfons  applying  for  the 
fame,  and  paying  the  Money  for  the  faid  Lot,  as  in  this  Ad;  is  before  dircdled, 
for  the  Ufe  of  the  fiid  Hope  Dexter,  or  other  Proprietors,  as  aforefaid. 

Comm:moners to        VII.     AND  be  it  furthcr  Enabled,  by  the  Authority  aforefaid.  That  the  Com mif- 
lemove  u  ances,    fjQf^^j-g^  qj.  ^j^^  rnajor  Part  of  them,  fhall  be,  and   they  are  hereby  impowered  and 
authorized,  to  remove  all  Nufances  within  the  Limits  of  the  laid  Town. 


L'-ts  to  \if  pnled, 
'  r  done  with 
Pofts  and  Rjils, 


VIII.     A  N  D  he  it  further  EnaFied,  hy  the  Authority  aforefaid.  That  no  Perfon, 
Inhabirant  of  the  faid  Town,  or  holding  a  Lot  or  Lots  therein,  fliall  inclofe  the 

lame. 


LAWS    of    'North-Caroliu  A.  67 

fame,   or  keep  the  fame  inclofed,    under  a  common  Stake  Fence  ;    but  every  Lot    ^-  D.  1741. 
therein  fhall  be  paled  in,  or  inclofed  with  Polls  and  Rails  fet  up.  v— --v    — ' 

IX.     AND   be  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  all  Perfohs,    o^vnfrs  rf  i..-ts 
PoffelTors  or  Owners  of  Lots  in  the  faid  Town,  Ihall,  within  Two  Years  from  the    ^°,J^^',P„'';.'i;3;^y' 
Date  of  their  Grant  or  Conveyance,  clear,  and  keep  conftantly  clear,  their  Lot  or    ufii.  paMomh. 
Lots,  from  all  Manner  of  Wood,  Under-wood,  Brufh  and  Grubs  ;  under  the  Pen- 
alty of  One  Shilling,  Proclamation  Money,  for  every  Month  fuch  Owner  or  Ow- 
ners of  any  Lot  or  Lots  (hall  negleft  to   clear,  or  keep  the  lame  clear  \  to  be  re- 
covered  by  a  Warrant  from  any  Juftice  of  the  Peace,  and   applied,  by  the  faid 
CommifTioner?,  for  and  towards  clearing  the  Streets  in  the  faid  lown.  (b) 

XII.     AND  be  it  further  Enacted,  by  the  Authority  o/crefaid.  That  the  faid  Tuf-   J'-''*''-;'  '"'y  "*■'- 
tices  may,  and  they  are  hereby  impowered  and  authorized,  to  make  Ufeofthe  old   theoid  c-jrt- 
Court-Houfe  and  Prifon,  for  the  Ufe  ot  the  laid  Court-Houfe  and  Jaii,  to  be  built   h^'^^  ^'"^""• 
as  aforcfiid  in  the  faii  Town,  cither  by  pulling  the  fame  clown,  and  moving  fuch 
Part  thereof  as  may  be  ufeful   in   building  the  Court-Houfe  to  be  built  in  the  faid 
Town,  as  aforefaid,  or  by  felling  the  fame,  and  applying  the  Money  arifmg  by  fuch 
Sale,  towards  ereftmg  the  laid  Buildings  in  the  laid  Town. 

C  H  A  P.     XIII. 

jin  AB  to  prevent  the  taking  away  Bocts,  Canoes,  cr  Pettiauguas,  from  Landings^  or 

elfewhere^  without  Leave. 

I.  ^T^  O  prevent  taking  Boats,    Canoes,   and  Pettiauguas,  from  Landings,  or 
JL     elfewhere,  without  Leave  ; 

II.     WE  pray  that  it  maybe  Enaded,    And  be  it  Ena^ed,    by  his  Excellency  ^|_.^ 

Gabriel  Johnfton,  Efq-,  Governor,  by  and  with  the  Advice  and  Confcnt  of  his  Majejly's   B^ats, &c.  wuh- 
Council  and  General  Afembly  of  this  Province,  and  it  is  hereby  Enacted  by  the  Authority   "^""^^y^^^^:  [^ 
cf  the  fame.    That  any  Perfon  or  Perfons  who,    after  the  Ratification  of  this  Aft,    theo-vnei. 
Ihall  take  away  from  any  Landing  or  other  Place  v^here  the  fame  fhall  be,  any  Boat, 
Canoe,   or  Pettiaugua,   belonging  to,   or  in  the  Cuilody  of  any  Perfon  whatfoever, 
without  the  Confent  and  Leave  of  the  Owner  or  Poffeffor  of  fuch  Boat,  Canoe,  or 
Pettiaugua,    or  fhall  loofe,    unmoor,    or  turn  fuch  Boat,    Canoe,    or  Pettiaugua, 
adrift,  fuch  Offender  or  Offenders  fliall  feverally  forfeit  and  pay,  to  the  Party  who 
fhall  own,  or  in  whofe  Cuftody  and  PofTcfTion  fuch  Boat,  Canoe,  or  Pettiaugua  was, 
the  Sum  of  Twenty  Shillings,  Proclamation  Money  ;  to  be  recovered  by  a  Warrant 
from  any  Juftice  of  the  Peace  within  the  County  where  the  Offence  fhall  be  com- 
mitted,   who  is  hereby  impowered  and  required  to  hear  and  determine  all  fuch  Of- 
fences :  And  if  any  OlTender  or  Offenders  Hiall,  after  Convidtion,  ncgleft  or  refufe 
to  pay  the  faid  Sum  oi  Twenty  Shillings,   Proclamation  Money,   in  fuch  Cafe,   it    jr,g~'t"o!"y/'j..r' 
fhall  and  may  be  lawful  for  the  faid  Juifice,   by  his  Warrant,  to  commit  fuch  Per-    ''« rn:,y  cn.i.n.it 
fon  to  the  Jail  of  the  County,    where  he  fliall  remain  until  he  fhall  have  paid  the 
fame,  and  the  accruing  Cofls. 

III.     PROVIDED  always.    That  nothing  in  this  Ad  fhall  be  undcrflood  or  ij„, ,, ^eh^r any 

conftrued  to  debar  any  Perfon  from  his  or  her  Adion  at  Common  Law,    for  any  I'.-rfon  tr  m  t.u 

Damage  fuftained,  by  Reafon  of  any  Boat,  Canoe,  or  Pettiaugua,  to  them  belong-  t^^\H,f"Z'r 

ing,  fo  taken  or  unloofed,  unmoored  or  turned  adrift,  from  any  Landing  or  other  Din..is:e  fuftjin- 

Place  where  the  fame  was  left,  againft  any  Perfon  whatfoever,  notwithfranding  fuch  ^^' 
Perfon  fhall  have  paid  the  Penalty  by  this  A6t  infliiled  -,  any  Thing  herein  contained, 
or  any  Law,  Ulage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

I  2  IV.  AND 


(h)  The  Xili  and  Xltli  Claufes  repealed,  by  Aa,  Sept.  1755,  Chap,  i; 


68 


LAWS    of    North-Carolina. 


^.  D.    1 741. 

Servant  or  Slave 
oftijniling,  and 
the  Mafter  refuf- 
ing  tu  pay  the 
Fine,  Inch  Ser- 
vant or  Slave  to 
be  whipt. 

Not  to  extend  to 
I'crfons  whn  ShxW 
ptefs   VLfTdls    by 
Authiirity,  or 
prcper  Owners, 


Maflff  ordering 
Servant  or  S!aie 
to  take  any  Vef- 
cl,  liable  to  the 
Penalty. 


RepealingCliufe, 


IV.  AN D  he  it  further  Ena5fed^  by  the  Authority  aforefaid.  That  if  any  white 
Servant,  Negro  or  Slave,  fhall  offend  againft  this  Aft,  and  be  thereof  convii'ted, 
and  the  Mafter,  Miftrefs,  or  Owner  of  fuch  white  Servant,  Negro,  or  Slave,  fhall 
refufe  to  pay  the  faid  Sum  of  Twenty  Shillings,  Proclamation  Money,  fuch  Servant 
or  Slave  fhall  fuffer  Correftion,  by  whipping,  at  the  Difcretion  of  the  Magifbrate, 
not  exceeding  Thirty  Nine  Lafhes. 

V.  PROVIDED  always^  and  be  it  EnaEled^  That  neither  this  AfV,  nor  the 
Penalties  thereof,  fliall  be  conftrued  to  extend  to  any  Perfon  who  lliall  prefs  any 
Boat,  Canoe,  or  Pettiaugua,  by  Public  Authority,  or  to  any  Perfon  who  iliall  feize 
his  own  proper  Boat,  Canoe,  or  Pettiaugua,  or  to  any  other  Perfon  or  Perfons, 
being  lawfully  impowered  fo  to  do  by  the  Owner,  from  any  Place  or  Landing,  or 
from  any  Perfon  in  whofe  Cuftody  he  fhall  find  the  fame,  or  to  any  Servant  or  Slave 
taking  any  Boat,  Canoe,  or  Pettiaugua,  from  any  Landing  or  other  Place^  by  Order 
of  his  or  her  Mafter,  Miftrefs,  or  Overfeer. 

VL  A  N D  be  it  further  Enabled,  That  if  any  Mafter,  Miftrefs,  or  Overfeer, 
fhall  order  any  Servant  or  Slave,  belonging  to  them,  or  under  the  Care  of  any  of 
them,  to  take  from  any  Landing,  or  other  Place,  any  Boat,  Canoe,  or  Pettiaugua, 
contrary  to  the  Intent  and  Meaning  of  this  Aft,  fuch  Mafter,  Miftrefs,  or  Overieer, 
of  fuch  Servant  or  Slave,  fo  offending,  fhall  be  liable  to  the  Forfeitures  and  Penalties 
of  this  Act,  as  if  they,  in  their  proper  Perfon,  had  done  the  fame  j  any  Thing 
herein  before  contained,  to  the  contrary,  notwithftanding. 

VII.  AND  be  it  further  Ena^ed^  by  the  Authority  aforefaid^  That  all  and  every 
other  Act  and  Acts,  and  every  Claufe  and  Article  thereof,  fo  far  as  relates  to  prevent 
the  taking  Boats,  Canoes,  or  Pettiauguas,  from  Landings,  or  elfewhere,  without 
Leave,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as 
if  the  fame  had  never  been  made. 


Preamble, 


No  Perfon  to  do 
any  Work  on  the 
Lord's  Day,  on 
I'enalty  of  jqs. 


Perfons  fvfearing 
in  the  Herring  of 
a  Juftice,   to  pny 

as.  6d. 


CHAP.     XIV. 

An  A£f  for  the  buter  Obfervation  and  keeping  of  the  Lord's  Day^  commonly  called  Sunday, 
and  for  the  more  effectual  SuppreJJion  of  Vice  and  Immorality. 

I.  T'ST'HEREAS  in  well  regulated  Governments,  effectual  Care  is  always  taken 
y  y     that  the  Day  fet  apart  for  Public  Worfhip  be  obferved  and  kept  holy, 
and  to  fupprefs  Vice  and  Immorality :  Wherefore, 

II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  EnaFied^  by  his  Excellency  Ga- 
briel Johnfton,  Efi\  Governor,  by  and  with  the  Advice  and  Ccnfent  of  his  Majefifs 
Council^  and  General  Afjembly  of  this  Province,  and  it  is  hereby  Enabled,  by  the  Authority 
of  the  fame.  That  all  and  every  Perfon  and  Perfons  whatfoevcr  ihall,  on  the  Lord's 
Day,  commonly  called  Sunday,  carefully  apply  themfelves  to  the  Duties  of  Religion 
and  Piety ;  and  that  no  Tradefm.an,  Artificer,  Planter,  Labourer,  or  other  Perfon 
whatfoever,  ftiall,  upon  the  Land  or  Water,  do  or  exercife  any  Labour,  Bufmefs, 
or  Work,  of  their  ordinary  Callings  (Works  of  NecefTity  and  Charity  only  excepted) 
nor  employ  themfelves  either  in  hunting,  fifhing,  or  fowling,  nor  ufe  any  Game, 
Sport,  or  Play,  on  the  Lord's  Day  aforefaid,  or  any  Part  thereof,  upon  Pain  that 
every  Perfon  fo  offending,  being  of  the  Age  of  Fourteen  Years  and  upwards,  fliall 
forfeit  and  pay  the  Sum  of  Ten  Shillings,  Proclamation  Money, 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  if  any  Perfott 
or  Perfons  fliall  profanely  fwear  or  curfe,  in  the  Hearing  of  any  Juftice  of  the  Peace, 
or  fhall  be  convifted  of  profanely  fwearing  and  curfing,  by  the  Oath  of  one  or  more 
V/itnefs  or  Witneffes,  or  Confeffion  of  the  Party  before  any  Juftice  or  Juftices  of 
the  Peace,  every  fuch  Offender  fhall  forfeit  and  pay  the  Sum  of  Two  Shillings  and 
Sixpence,  of  the  like  Money,  for  every  Oath  or  Curfe  :  And  if  any  Perfon,  execut- 

ins 


L  yi  fF  S    of    North-Carolina. 


69 


ing  any  Public  OfEcc,  Ihall  profanely  fwear  or  curfe,  being  firft  convifted  as  afore- 
faid,  fuch  Perfon  fhall  forfeit  and  pay  the  Sum  of  Five  Shillings,  of  the  like  Money, 
for  each  and  every  Oath  or  Curfe. 

IV.  AND  be  it  further  EnaEfed,  That  if  any  Perfon  or  Perfons  fhall  profanely 
fwear  and  curfe,  in  the  Prefence  of  any  Court  of  Record  in  this  Government,  fuch 
Offender  or  Offenders  fliall  immediately  pay  the  Sum  of  Ten  Shillings,  of  the  like 
Money,  for  each  and  every  Oath  or  Curfe  ;  to  be  depofited  in  the  Hands  of  the 
Chairman  of  the  faid  Court,  and  by  him  accounted  for  and  paid,  as  herein  after  is 
direded  ;  or  to  fit  in  the  Stocks,  not  exceeding  Three  Hours,  by  Order  of  fuch 
Court. 


A.  D. 


174J. 


Public  Cffioer, 
convifled  of   the 
fame,  to  pay  5  s. 

Perfiins  fwearinj 
in  the  Prtlence  of 
a  Court,  tu  pay 
10  s.  cr  be  put 
in  the  Scucks. 


V-.  AND  he  it  further  Enacled,  by  the  Authority  of  ore/aid.  That  every  Perfon 
convi6led  of  Drunkennefs,  by  View  of  any  Juftice  of  the  Peace,  Confeffion  of  the 
Party,  or  Oath  of  any  one  or  more  Witnefs  or  Witnefles,  fuch  I'erfon  fo  convi6led, 
fhall,  if  fuch  Offence  was  committed  on  the  Lord's  Day,  forfeit  and  pay  the  Sum 
of  Five  Shillings,  of  the  like  Money  -,  but  if  on  any  other  Day,  the  Sum  of  Two 
Shillings  and  Sixpence,  for  each  and  every  fuch  Offence. 


Perfons     getting 
drunk    on   Sun- 
day,   to  pay  5  s. 
f n  any  other 
Day  2  s.  6  d. 


VI.  A  N  D  for  the  better  Execution  of  all  and  every  of  the  foregoing  Orders, 
Be  it  further  EnaSled^  That  all  and  every  Juflice  and  Juftices  of  the  Peace,  within 
his  or  their  refpective  County,  fhall  have  full  Power  and  Authority,  to  convene  be- 
fore him  or  them,  any  Perfon  or  Perfons  who  fliall  offend  in  any  of  the  Particulars 
before  mentioned,  in  his  or  their  hearing,  or  on  other  legal  Conviction  of  any  fuch 
Offence,  and  to  impofe  the  faid  Fine  or  Penalty  for  the  fame,  and  to  reflrain  or 
commit  the  Offender  until  it  be  fatisfied,  or  to  caufe  the  fame  to  be  levied  by  Dif- 
trcfs  and  Sale  of  the  Offenders  Goods,  returning  the  Overplus  (if  any)  to  the  Ov/ner : 
And  in  Cafe  any  fuch  Offender  be  unable  to  fatisfy  fuch  Fine,  to  caufe  him  to  be 
put  in  the  Stocks,  not  exceeding  Three  Hours. 

VII.  PRO  V  ID  E  D  always.  That  all  Informations  againfl  the  aforefaid  Of- 
fences, fhall  be  made  within  Ten  Days  after  fuch  Offence  or  Offences  committed, 
and  not  after. 


Juftices  F'  wer  to 

hear  and  deter- 
mine Offences  a* 
gainft  this  Aft. 


Infoitnation  tobe 
made  in  10  Days, 


VIlI,  AND  he  it  further  Enacted^  hy  the  Authority  aforefaid.  That  all  Fines 
accruing  and  becoming  due  by  Virtue  of  this  Adlj  fhall  be  levied  as  foon  as  may  be 
after  Conviftion  •,  one  Half  to  the  Informer,  the  other  Half  to  the  Ufe  of  the  Pa- 
rifla  where  luch  Offence  fhall  be  committed  -,  and  the  Chairman  and  Juftices  of  the 
feveral  Courts  of  the  feveral  Counties  of  this  Province,  are  hereby  directed  to  ac- 
count for,  upon  Oath,  and  pay  fuch  Fine  or  Fines  as  fhall  or  may  by  them,  or  any 
of  them,  be  received,  by  Virtue  of  this  Adl,  to  the  Churchwardens  of  the  refpec- 
tive Parifhes  of  this  Government,  at  leaft  once  a  Year,  when  the  fame  fhall  be  de- 
manded by  the  Churchwardens  •,  under  the  Penalty  of  paying  the  Sum  of  Twenty 
Pounds,  Proclamation  Money,  for  every  Refufal  j  to  be  levied  and  applied  as  afore- 
faid. 


Fines  appropriat- 
ed, and  how  to 
be  paid. 


IX.     AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  Perfons  Perfons  crrrmie- 

commit  Fornication,  upon  due  Conv'iftion,    each   of  them   fhall  forfeit   and  pay  Illff'I" ^"t"' 
Twenty  Five  Shillings,  Proclamation  Money,  for  each  and  every  fuch  Offence  j  to 
be  recovered,  and  applied  to  the  fame  Ufe,  as  the  other  Fines  in  this  Aft. 


X.  A  N  D  he  it  further  EnaEled,  That  any  Two  Juftices  of  the  Peace,  upon 
their  own  Knowledge  or  Information  made  to  them,  that  any  fingle  Woman  within 
their  County  is  big  witii  Child,  or  delivered  of  a  Child  or  Children,  may  caufe 
fuch  Woman  to  be  brought  before  them,  and  examine  her,  upon  Oath,  concern- 
ing the  Father  ;  and  if  fhe  fhall  refufe  to  declare  the  Father,  fhe  fliall  pay  the 
Fines  in  this  Aft  before  mentioned,  and  give  fufUcient  Security,  to  keep  fuch  Child 
or  Children  from  being  chargeable  to  the  Parifh,  or  fhall  be  committed  to  Prifon, 

until 


Single  Wciman 
being  withChild, 
and  refufin^  to 
tell  the  fdihcr, 
to  p.y  the  Fine, 
and  pive  Security 
tokccpiheChi  <J, 


yo 


L  A  JV  S    of    North-Carolina. 


J.  D.  1 741. 

If  rtie  declares 
the  Father,  he 
/lull  giveSecurity 
to  perform  the 
Order  of  Ccuit 
thereon. 


until  fhe  fliall  declare  the  fame,  or  pay  the  Fine  aforefaid,  and  give  Security  as 
aforelaid :  But  in  Cafe  (uch  Woman  ihall,  upon  Oath,  before  the  iaid  JuiVices,  ac- 
cufe  any  iVIan  of  being  the  Father  of  a  Baftard  Child  or  Children,  begotten  of  her 
Body,  fuch  Perfon  fo  accufed,  fhall  be  adjudged  the  reputed  Father  of  fuch  Child 
or  Children,  and  Hand  charged  with  the  Maintenance  of  the  fame,  as  the  County 
Court  fhall  order,  and  give  Security  to  the  Juftices  of  the  faid  Court  to  perform 
the  faid  Order,  and  to  indemnify  the  Parifh  where  fuch  Child  or  Children  fhall  be 
born,  free  from  Charges  for  his,  her,  or  their  Maintenance,  and  may  be  commit- 
ted to  Prifon  until  he  find  Securities  for  the  fame,  if  fuch  Security  is  not  by  the 
"Woman  before  given. 


Juftices   to  bind 
to  the  next 
Court  I'erfons 
charged  with  be- 
ing the  Father  of 
a  Child  unborn. 


Th^s  Aft  to  be 
jead  twice  aYear 
in  Churches,  by 
theMinifler,&c. 
on  Penalty  of  20 
Shillings. 


Clergymen  liable 
to  further  Pu- 
ni/hment. 


RepealingClaufe. 


XI.  ANB  be  it  further  EnaEled^  That  the  faid  Two  Juflices  of  the  Peace,  at 
their  Difcretion,  may  bind,  to  the  next  County  Court,  him  that  is  charged,  on  Oath, 
as  aforefaid,  to  have  begotten  a  Baflard  Child,  which  fhall  not  be  then  born  •,  and 
the  County  Court  may  continue  fuch  Perfon  upon  Security  until  the  Woman  fhall 
be  delivered,  that  he  may  be  forth  coming  when  the  Child  is  born. 

XII.  AN B  he  it  further  EnaHed^  by  the  Authority  aforefaid^  That  this  Aft  fliall 
be  publickly  read,  two  feveral  Times  in  the  Year,  in  all  Parifli  Churches  and  Cha- 
ples,  or  for  Want  of  fuch,  in  the  Place  where  Divine  Service  is  performed  in 
every  Parifh  within  this  Government,  by  the  Minifler,  Clerk  or  Reader  of  each 
Parifh,  immediately  after  Divine  Service ;  that  is  to  fay.  On  the  Firfl  or  Second 
Sunday  in  April,  and  on  the  Firfl  or  Second  Sunday  in  September  ;  under  the  Penalty 
of  Twenty  Shillings,  Proclamation  Money,  for  every  fuch  OmifTion  or  Negled  j 
to  be  levied  by  a  Warrant  from  a  Juflice,  and  applied  to  the  Ufe  of  the  Parifh 
where  the  Offence  fhall  be  committed  ;  and  the  Churchwardens  of  every  Parifh  are 
hereby  required  to  provide  a  Copy  of  this  Adl,  at  the  Charge  of  the  Parifh. 

XIII.  P  ROV  ID  ED  always.  That  nothing  herein  contained,  fliall  be  con- 
flrued  to  exempt  any  Clergyman  within  this  Government,  who  fliall  be  guilty  of 
any  of  the  Crimes  herein  before  mentioned,  from  fuch  further  Punifliment  as  might 
have  been  inflidled  on  him  for  the  fame,  before  the  making  of  this  Aft ;  any  Thing 
herein  contained  to  the  Contrary  notwithflanding. 

XIV.  AN  Dbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  every 
Aft  and  Afts,  and  every  Claufe  and  Article  thereof,  heretofore  made,  fo  far  as  re- 
lates to  the  SupprefTion  of  Vice,  or  Reflraint  and  Punifhment  of  wicked  and  diffo- 
lute  Perfons,  or  any  Matter  or  Thing  within  the  Purview  of  this  Aft,  is,  and  are 
hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  ne- 
ver been  made. 


CHAP.     XV. 

An  AB,  for  the  Tryal  of  fmall  and  mean  Caufes.     REP. 


CHAP.     XVI. 

An  A^,  for  afcertaining  the  Damage  upon  protefied  Bills  of  Exchange, 

Prntfftca  Bills  of  I.  TTj^  O  R  afccrtainlng  the  Damage  upon  protefted  Bills  of  Exchange,  We  pray 
Exchange^to  «r.  J|i  ^}^^j.  j^  ^^^^  ^g  Enaftcd,  And  be  it  Enabled,  by  his  Excellency  Gabriel  John- 
the  One  till  Hon,  Efq;  Govemor,  by  and  with  the  Advice  and  Confent  of  his  Majeflfs  Council,  and 
,ai  ten  per  Qg^gj-^j  jjfem.My  of  this  Prcvince,  and  by  the  Authority  of  the  fame.  That  where  any 
Bill  of  Exchange  is,  or  fhall  hereafter  be  drawn,  for  the  Payment  of  any  Sum  of 
Money,  in  which  the  Value  is  or  fhall  be  expreffed  to  be  received,  and  fuch  Bill  is 
or  fhall  be  protefted,  for  Non-acceptance  or  Non-payment,  the  fame  fliall  carry 
Intereft  from  the  Date  thereof,  after  the  Rate  of  Ten  per  Cent,  per  Annum,  until  the 
Money  therein  drawn  for,  fhall  be  fully  fatisfied  and  paid. 

II.  BUT 


paid 
Cent, 


Z/yfi^/^/So/    North-Carolina.  71 

II.  BUT  leaft  any  Perfon  having  any  fuch  Bill,  fliould,  for  the  Sake  of  the  y}-  D.  1741. 
Intereft,  delay  negotiating  the  fame,  or  if,  after  it  fhall  be  protefted,  fnall  not  i*';"^^7i?'7iir^'^d 
demand  Payment  thereof  of  the  Drawer  or  Indorfer  •,  //  is  further  Enacted  and  Dc-  iiu  is  Mmth?, 
dared.  That  no  Perfon  whatfoever  fhall  pay  more  than  Eighteen  Months  Intereft,  'J^J/j'"'"  '" 
from  the  Date  of  any  fuch  Bill,  till  it  Ihall  be  prefented  protefted  to  the  Drawer  or 

Indorfer  thereof. 

III.  ANB  he  it  further  EnaHed,  by  the  Authcrity  aforefaid.  That  where  any  Bill,  15  p=r  cert.  at. 
drawn  before  the  making  of  this  Aft,  or  which  fliali  hereafter  be  drawn,  is  or  fjiall  ''„r,'"''„',Th  ca\s 
be  protefted  as  aforefaid,  there  ftiall   be  paid  unto  fuch  Perfon  or  Perfons  as  fliall  ci  I'.ouu. 
have  Right  to  demand  the  fame,  for  his,  her,  or  their  Damage  in  that  Behalf  ful- 

tained,  after  the  Rate  of  Fifteen  fer  Cent,  for  the  Sum  expreffed  in  the  faid  Bill,  to- 
gether with  the  Cofts  and  Charges  of  the  Proteft,  and  no  more. 


he 

brought      apJ.nll 


f.r  Viin-I), 


IV.  AND  be  it  further  Enaled,  by  the  Authority  aforefaid.,  That  it  Hiall  and  n'ay    An;on  may 
be  lawful  for  any  Perfon  or  Perfons,  having  a  Right  to  demand  any  Sum  of  Mo~    J""'  ' 
ney  due  upon  a  protefted  Bill  of  Exchange,  to  commence  and  profecute  an  A  ft  ion 
for  Principal,  Intereft,  and  Charges   of  t'roteft,  againft  the  Drawer  and  Indorfcrs 
jointly,  or  againft  either  of  them  feparately  \  and  Judgment  ftiall  and  may  be  gi- 
ven lor  fuch  Princpal  Draught  and  Charges,  and  Intereft,   after  the  Rate  of  I'en 

■per  Cent,  per  Annum.,  as  aforefaid,  to  the  Time  of  fuch  Judgment. 

V.  ANT)  be  it  further  Enacted.,  by  the  Authority  aforefaid.,  That  all  and   every    RepcaiingChuL-, 
other  Aft  and  Afts,  and  every  Claule  and  A^rticle  thereof  heretofore  made,  fo  far 

as  relate  to  any  Matter  or  Thing  whatfoever  within  the  Purview  of  this  Aft,  is, 
and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame 
had  never  been  made. 


CHAP.   xvn. 

An  AtJ,  for  regulating  Weights  and  Mcafures. 

H  E  R  E  A  S  many  notorious  Frauds  and  Deceits  are  daily  committed,    Preamble. 
by  falfe  Weights  and  Meafures  :  For  Prevention  v/hereof,  , 

II.     W  E  pray  that  it  may  be  Enafted,  And  be  it  Enacted.,  by  his  Excellency  Ga-    Wt.iiU^  and 
briel   Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Ccnfent   of  his  Majcfifs    ^^"fff^^^^^^  f^^ 
CouKcil,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Autho-    S'.and.ira  ia  ti.; 
rity  of  the  fame.  That  no  Inhabitant  or  Trader,  fhall  buy  or  fell,  or  othcrwife  make 
Ufe  of  in  trading,  any  other  Weights  or  Meaiiires  than  are  made  and  ufed  accord- 
ing to  the  Standard  in  his  Majefty's  Exchequer,  and  the  Statutes  of  England  in  that 
Cafe  provided. 


txi-hcqucr. 


III.     A  N  D  for  the  Difcovcry  of  Abufes,  Be  it  further  Enacted,  by  the  /Aitlo-    y^'yx^^^  t->  pro- 
rity  aforefaid.  That  the  Juftices  of  each  and  every  County  within  this  Government    wi-inhts^aR')^ 
fhall,  within  Two  Years  next  after  the  Ratification  of  this  Aft,  at  the  Charge  of   M«fa-<-f,  and  a 
each  County  refpeftively^  provide  fealed  Weights,  of  Hr.lf  Hundreds,  Qiiartcrs  of    ^-^'P-' "'"■'■'• 
Hundreds,  Half  Qiiarters  of  Hundreds^,  Seven  Pounds,  Fotir  Pounds,  Two  Pounds, 
One  Pound,  and  Half  Pound  ;  and  Meafures  of  Ell  and  Yard,  of  Brafs  or  Cop- 
per;  and  Meafures  of  Half  Bufhel,  Peck  and  Gallon,  of  dry  Meafure ;  and  a  Gal- 
lon, Pottle,  Quart  and  Pint,  of  Wine  Meafure  -,  (for  the  Payment  of  which  Charge, 
the  faid  Juftices  are  Iiercby  impov/ered  to  levy  a  Tax  on  their  refpeftive  Counties) 
to  be  kept  by  fuch  Perfon,  and   in  fuch  Place,  as  the  Juftices  of  each  refpeftive 
County  fhall  appoint,  fuch  Perfon  firft  giving  fufficient  Security  to  tlie  faid  Juftices, 
in   the  Sum   of  Fifty  Pounds,  Proclamation   Money  :  A.nd   tlie   faid  Juftices  fnall    t-  u  pr-^vMe^ 
aifo  find  and  provide  for  the  faid  Perfon,  a  Stamp  for  Brafs,  Tin,  Iron,  Lead,  or   Bnuld.^ '' '' ''"'' 
Pewter  Weights  or  Meafures,  and  alfo  a  Brand  for  Wooden  Meafures,  of  the  Let- 
ters 


72 


L  A  IV  S    of    North-Carolina, 


jd.  D.   1741-    ters  N.  C.  upon  Pain  of  forfeiting  and  paying  the  Sunni  of  Ten  Pounds,  Proclama- 

*— "^V — -*     tion  Money  ;  to  be  recovered  from  the  faid  Jullices,  by  A6tion  of  Debt,  Bill,  Plaint^ 

or  Information,  in  the  General  Court  of  this  Province,  and  applied  to  the  Ufe  of 

our  Sovereign  Lord  the  King,  for  and  towards  the  Support  of  this  Government,  and 

the  contingent  Charges  thereof. 

wiiofh3iitry  I  v.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  any  Perfon 

wt.nhu'and        whatfoever  ufing  Weights  or  Meafures,  fliall  bring  all  their  Meafures  and  Weights 

Meafures.  ^-q  j-^g  Keeper  of  the  Standard  of  the  County  where  fuch  Perfon  fhall  refide  or  trade^ 

to  be  there  tried  by  the  Standard,  and  fealed  or  ftamped :    And  if  any  Perfon  or 

um,i"d^v"'cigh»    Perfons   fhall   buy,    fell,    or  barter,    by   any  Weight  or   Meafure  that   fhall   not 

\l  j.""*^"","'  '"    be  tryed  by  the  Standard,    and  fealed   or  ftamped  as  aforefaid,    he,    fhe,    or  they, 

fo  offending,  fliall,  for  every  fuch  Offence,  forfeit  and  pay  the  Sum  of  Ten  Pounds, 

Proclamation  Money  ;  one  Half  to  the  Ule  of  the  County  where  fuch  Ofience  fliall 

be  committed,    and  the  other  Half  to  the  Party  who  fliall  fue  for  the  fame  -,    to  be 

recovered  in  any  Court  of  Record  in  this  Government,  wherein  no  Eflbin,  Protection, 

Privilege,  Injundlion,  or  Wager  of  Law,  fhall  be  allowed. 

steciyirds  tn  be        V.     AND  whcrcas  Steelyards,  by  Ufe,  are  fubjeft  to  Alteration,  Be  it  further 

o^t'rah'of  20    Enabled,  by  the  Authoriy  aforefaid.  That  all  and  every  Perfon  who  fhall  ufe,  buy  or 

Shillings.  fell,    by  Steelyards,    fhall,    once  every  Year,    try  the  fame  with  the  Standard,    and 

take  a  Certificate  from    the  Keeper  of  the  Standard  for  the  County  wherein  fuch 

Perfon  fhall  refide,    upon  Pain  of  Twenty  Shillings,    Proclamation  Money ;    to  be 

recovered  and  applied  as  aforefaid. 

StanJnrJ  Keeper        VI.     A  ND  be  it  further  EnaEled,    by  the  Authority  aforefaid.    That  it  fliall  and 
his  Fees.  ^^^^  j^^  lawful  for  the  Standard-Keeper  to  demand  and  receive  the  Sum  of  Nine 

Pence,    Proclamation  Money,    for  each  and  every  Fair  of  Steelyards,    Weights  or 

Meafures,  by  him  ftamped  or  fealed  as  aforefaid. 

VII.  AND  be  it  further  EnaHed^  by  the  Authority  aforefaid.  That  the 
Standard-Keeper  of  each  and  every  County  fhall,  at  the  next  Court  to  be  held  for 
the  County  in  which  he  fhall  refide,  take  the  following  Oath,  viZi 

His  Oath.  IfT"  0  U  flmll  fjoear  that  you  will  not  flamp,  feal,  or  give  any  Certificate,  for  any  Steel- 

X     yards.  Weights  or  Meafures,  but  fuch  -as  floall,  as  near  as  poffible,  agree  iiith  the 

Standard  in  your  keeping  ;    and  that  you  will,    in  all  RefpeHs,    truly  and  faithfully  dif- 

charge  and  execute  the  Power  and  'Trufl  by  this  A£i  repofed  in  you,    to  the  beft  of  your 

Ability  and  Capacity.  SO  HELP  YOU  GOD. 

Standard  Keeper,        VIII.     A  N  D  bc  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Standard- 
withac.nrt.hie,    Kccper  of  each  and  every  County  in  this  Government,    is  hereby  impowered  and 

may  karch    lul-  J^        ,  .    ,        ,  .„,-,■'  ,-     "^    ^        n     1  1         ,      1  •        i  1  j     ] 

F>;aed  Houf.s  J     required,    with  the  AfTiftance  ot  a  Conftable    (who  is   hereby  commanded,    upon 

Notice,  to  attend  him,  upon  Information  made  to  him  of  any  Perfon  or  Perfons 

keeping,  or  having  in  his  or  their  Houle  oe  Cuftody,  any  Steelyards,  Weights  or 

Meafures,  v/hich  have  been  altered,  leffened,  or  fhortened,  fince  they  were  tried  and 

fealed  by  the  Standard,    or  fhall  be  fufpedcd  of  buying,    felling,    or  bartering,    by 

fuch  falfe  V/eights  and  Meafures)  to  fearch  the  Houfes,  or  other  fufpe6ted  Places, 

of  fuch  Offender,    for  any  fuch  Weights  or  Meafures  fo  fallified  ;    and  if,    upon 

snd  if  any  faifc    Scaixh,  any  fuch  falfe  Weights  or  Meafures  fhall  be  found,  he  fhall  charge  a  Con- 

i^^un^'jufticc  to    ftable  with  the  Owner  of  them,  or  the  Perfon  ufing  them,  who  fhall  forthwith  ccn- 

nf"'^h"m  o?"Tt'o    ^^y  ^^^''"'  ^^^  ^"^  them,  before  any  Juftice  of  the  Peace,  who  is  hereby  direfted  to 

Lx't  CiunV  'if    bind  him,  her  or  them,  over  to  the  next  Court  to  be  held  f'or  the  County  where  the 

cmm^ml"'''fiie    Offcncc  fhall  be  committed;    and  the  faid  Offence  fhall   be  laid  before  the  Grand 

iZlo^nIr,^n^t    Jury,  by  the  King's  Attorney-General,  or  his  Deputy,  and  for  Want  of  them,  by 

exceeding  251.       ^j^y.  jJei-fon  the  County  Court  fliall  think  fit  to  appoint,  and  fhall  be  cognizable  by 

the  faid  Grand  Jury,  either  by  Indidment  or  Prefentment;    and  if,  upon  Trial  by 

a  Petit  Jury,   fiich  Offender  or  Offenders  fhall  be  found  o;uiky,   tl-.e  County  Court 

■"       '  fhall 


L^/F5(?/    North-Carolina.  73 


fhall  fine  each  and  every  Perfon  fo  convuTied,    in  any  Sum  not  exceeding  Twenty    ^-  ^-  '74i- 
Five  Pounds,  Proclamation  Money  ;    one  Third  Part  thereof  to  the  Informer,  one 
Third  Part  to  the  Standard- Keeper,    and  one  Third  Part  thereof  to  be  paid  to  the 
Juftices  of  the  County,  to  be  applied  to  the  Ufe  of  the  County  v/here  the  Offence 
Ihall  be  committed  ;    and  fliall  commit  the  Offender  to  Jail  until  the  fame  lliall  be 
paid  :    And  further,  if  it  appear  to  the  County  Court,  by  the  Verdict  of  the  Petit    j^  ^^^^  q^,^^^ 
Jury,  that  the  Offender  altered,  leffened  or  fliortened,  his  or  her  Steelyards,  Weights    1. ir.n-d  his " 
or  Meafures,   or  caufed  the  fame  to  be  done,   or  ufed  fuch  Steelyards,  Weights  or    ^^u'f^'';tent'''  to 
Meafures,    knowingly,    after  they  were  fo  altered^    leffened  or  fhortened,    with  an    defraud,    befides 
Intent  to  defraud  any  Perfon,   in  fuch  Cafe  the  Court  Ihall,   befides,   and  notwith-    ?o^',hnd'"^rf'"h* 
(landing  the  faid  Fine,  fentence  fuch  Offender  to  (land  publickly,  during  the  Sitting    i^'i'^'y  2  Hguis. 
of  the  Court,    Two  Hours  in  the  Pillory,  with  his  Offence  written  over  his  or  her 
Head :  Any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwithftanding. 

IX.     AND  b'e  it  further  EnaHed^  by  the  Authority  afore  faid.  That  the  Naval  Of-    '^■"*'''  ^^^"  ^? 

■'  ...      -1  •'--'..•'-_  fct  up  in  his  Of" 


ficer  of  each  and  every  I'ort  within  this  Government,  fhall  affix  up,  in  a  public  Part  of   fi.ea.,  Adv.niie" 
his  Office,  and  there   conftantly  keep  affixed,  an  Advertilement  of  this  Act,  that    "l.^'/^if'^f'^s' 
Traders  coming  into  this  Government  may  have  Notice  thereof,  upon  Pain  of  for-    lor  e'v"ry  24  ^  ^" 
feiting  Five  Shillings  Proclamation  Money,  for  every  Twenty-four  Hours  the  fame    """"  Ncgieft. 
fhall  be  negleiflcd  ;  to  be  recovered  by  a  Warrant  from  any  Jullice  of  tlie  Peace  of 
the  County  where  the  Offence  fhall  be  commatted,  by  any  Perfon  who  fliall  fue  for 
the  fame,  and  applied,  one  Half  to  the  Informer,  and  the  other  Half  to  the  Ufe  of 
the  faid  County. 

X.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Juflices  of  juflkcsmaytalte 
every  County  refpedively,  fhall  have  Power  to  take  and  receive  into  their  Cuftody,  ^nd^wLi^^'re?!!!! 
all  luch  Weights  and  Meafures  as  have   been   already  provided   by  their  refpeftive  to  their  CuUody, 
County  or  Parifh  ;  and  fliall  alfo  demand  and  receive  from  all  and  every  Perfon  or  sums"r^'ffVto 
Perfons  whatfoever,  all  fuch  Sums  of  Money  as  have  been  already  railed  to  purchafe  f""'!''''^  '^"''^ 
fuch  Weights  and  Meafures,  and  difpofe  of  and  apply  the  fame  according  to  the      "^  "' 
Direclions  of  this  A(5t. 

XI.  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  all  and  every    RepeaiingCiaufei 
other  Act  and  Acls,  and  every  Claufe  and  Article*  thereof,  heretofore  made,  fo  far 

as  relate  to  Weights  and  Meafures,  or  any  other  Matter  or  Thing  within  the  Purview 
of  this  Aft,  is,  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpo- 
fes,  as  if  the  fame  had  never  been  made; 

CHAP.     XVIII. 

An  Aa,  for  the  building  and  maintaining  of  Court-Houfes,  Prifons  and  Stocks,  in  every 
County  ivithin  this  Province,  and  appointing  Rules  to  each  County  Prifon  for  Debtors,  (a) 

I.   T^  r  E  pray  that  it  may  be  Enaded,   And  be  it  EnaEfed,  by  his  Excellency  Ga-    ^  ^  j^  ^ 

VV     briel  Johnfton,  Efq\  Governor,  by  and  "with  the  Advice  and  Confatt  of  his    t.ix' f^r  huiiding 
Majeftys  Council,  and  General  ^ifjemhly  of  this  Province,  and  it  is  hereby  Ena"ed,  by  the    p^fons^jnd '* 
Authority  of  the  fame.  That  the  Juftices  in  all  and  every  County  or  Counties  within    stocks,' 
this  Province,  v/here  there  is  not  fuitable  Provifion   already  made,  fhall,  and   are 
hereby  impowered  and  required,  at  the  next  fucceeding  Court  of  their  refpedtive 
Counties,  after  the  Ratification   of  this  Aft,  to  lay  a  fufficient  Levy  upon  the  In- 
habitants  of  their  faid  Counties,  not  exceeding  One  Shilling,  Proclamation  Money, 
per  Poll,    tor  Two  Years,  for  the  building  a  Court-Houfe,  Prifon  and  Stocks,  or 
any  fuch  of  them  as  fnall  be  wanting ;  which  Levy  fliall  be  paid  and  coUefted  by 
the  Sheriff  of  each  County,  in   the  fame  Manner   as  all  other  Public  and  Parifh 
Taxes  and  Levies  are  paid  and  coUefted,  and  by  him  fhall  be  accounted  for  to  the 
Juftices  of  the  County  Court,  upon  Oath  ;  and   the  faid  Sheriff  fliall  be  allowed 
ThKt  per  Cent,  for  colledling  the  fame. 

K  II.  AND 


(a)  See  A(5l  Nov.  1759,  Chap.   14,  for  amending  this  Aft, 


74 


LAWS    cf    North-Carolina. 


^.  D.  1741.  II,  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Juftices  of 
each  County  fhall  and  may,  from  Time  to  Time,  and  at  all  Times  hereafter,  em- 
ploy Perfons  to  keep  and  maintain  the  Court-Houfe,  Prifon  and  Stocks,  already 
built,  and  fuch  as  are  to  be  built,  by  Virtue  of  this  or  any  other  Aft,  or  to  rebuild 
fuch  as  have  fallen  to  decay  or  ruin,  and  the  fame  to  keep  in  good  Repair,  by  lay- 
ing a  Poll  Tax  on  the  Inhabitants  of  their  refpedive  Counties  as  aforelaid. 


Juftices   to    em 
[iloy    Perfons 
keep  Court- 
Houfes,  &c, 
Repair, 


Perfons  neg'eJl- 
inp  to  pay  their 
Levies,  liable  to 
double  Didrcfs. 


County  Co'irt  to 
lay  cut  Pr  fon 
B)iin)s  ;    and  all 
l^rifoncrs,   imt 
commitfci  for 
Felony  or  Trsa- 
lon,  to  have  Li- 
beity  thereof,  on 
giving  Security. 


Biunt^s  to  be  re- 
corJeJ,  anJ  re-* 
ntwed. 


III.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid,  That  if  any  Perfon 
Hiall  neglect  or  refufe  to  pay  the  aforefaid  Levies,  in  Manner  aforefaid,  and  Ihall 
be  in  Arrear  after  the  laft  Day  of  Payment,  fuch  Perfon  fhall  be  liable  to  double 
J)iftrels  ;  to  be  levied  on  his  Goods  and  Chattels  by  the  Sheriff  of  the  County 
where  fuch  Delinquent  inhabits  :  And  for  the  Prefervation  of  the  Health  cf  fuch 
Perfons  as  fliall,  at  any  Time  hereafter,  be  committed  to  the  County  Prifons,  the 
Court  fliall  have  Power  to  mark  out  fuch  a  Parcel  of  Land  as  they  fliall  think  fit, 
not  exceeding  Six  Acres,  adjoining  to  the  Prifon,  for  the  Rules  thereof;  and  every 
Prifoner,  not  committed  for  Trealon  or  Felony,  giving  good  Security  to  the  She- 
riff of  the  County  to  keep  within  the  faid  Rules,  fliall  have  Liberty  to  walk  there- 
in out  of  the  Prifon,  for  the  Prefervation  of  his  or  their  Health  :  And  every  Pri- 
foner giving  fucli  Security  as  aforefaid,  and  keeping  continually  within  the  faid 
Rules,  fliall  be,  and  is  hereby  adjudged  and  declared  to  be,  in  Law,  a  true  Pri- 
foner ;  and  that  every  Perfon  therewith  concerned  may  know  the  true  Bounds  of 
the  faid  Rules,  the  fame  fliall  be  recorded  in  the  County  Records,  and  the  Marks 
thereof  fliall,  from  Time  to  Time,  be  renewed,  as  Occafion  fliall  require. 


This  A  a  had  its 


CHAP.     XIX. 

An  AEi,  the  better  to  enable  the  Commijfioners  appointed  for  buPding  a  Church  at  New- 
bern,  to  ereEl  the  fame,  and  to  impower  them  to  demand  and  receive,  of  any  Perfon 
or  Perfons,  all  Parifh  Levies  already  laid  and  not  appropriated ;  and  for  other  Pur- 
pofes  therein  mentioned. 


CHAP.     20. 


An  Atf,  for  regulating  Ordinaries,  and  for  Rejlraint  of  Tippling- 
Houfes.     REP. 


CHAP.     XXL 

An  Act,  for  the  Relief  of  fuch  Perfons  as  have  fuffered,  or  may  fuffer,  by  the  Regif- 
ters  of  the  feveral  Counties  within  this  Province,  neglecting  to  rcgificr  tbiir  Leeds  or 
mefne  Conveyances  ;  or  who,  through  Ignorance  or  Neglect,  have  not  had  the  fame 
acknowledged,  proved  and  regijlered. 

Preamble.  I.  T  T  7  H  E  R  E  A  S,  by  an  A6t  of  the  General  Affembly  of  this  Province,  in- 

y  Y  tituled.  An  A£l,  to  appoint  Public  Regijlers,  and  to  direct  the  Method  to 
be  obferved  in  conveying  hands.  Goods  and  Chattels,  and  to  prevent  fraudulent  Leeds 
and  Mortgages,  amongfl:  other  Things,  it  is  Enabled,  That  no  Conveyance  or  Bill 
of  Sale  for  Land  (other  than  Mortgage)  in  what  Manner  or  Form  foever  drawn, 
fliould  be  good  and  available  in  Lav/,  unlefs  the  fame  was  acknowledged  by  the 
Vendor,  or  proved  by  one  or  more  Evidences,  upon  Oath,  either  before  the  Chief 
Juftice  for  the  Time  being,  or  in  the  Court  of  the  Precind:  where  the  Land  lay, 
within  Twelve  Months  after  the  Date  of  the  fame  Deed  :  And  whereas  feveral  of 
the  Public  Regifliers  of  the  feveral  Counties  of  this  Province,  have  neglcded  to  re- 
giflrer  feveral  Deeds  or  mefne  Conveyances,  purfuant  to  the  before  recited  A(51:, 
and  feveral  Perfons,  through  Ignorance  or  Negleft,  have  failed  to  prove,  acknow- 
ledge and  regifter,  their  Deeds  or  mefne  Conveyances  ;  and  alfo,  feveral  Perfons 
have  recorded  their  Deeds  or  mefne  Conveyances  in  the  Clerk's  Office  of  the  fe- 
veral Precinfts  or  Counties  in  which  fuch  Lands  lie,  believing  the  fame  as  effec- 
tual as  if  the  faid  Deed  or  mefne  Conveyance  had  been  regiflrcred  in  the  Regifter's 
Office  as  aforefaid  j  whereby  feveral  Perfons  Titles  to  their  Lands  and  Tenements 

are 


IV  S      of      N  O  R  T  H  -  C  A  R  O  L   i  N  A. 


are  become  precarious,  to  the  great  Prejudice  of  fucli  Perfons :  To  the  End  there-  ^-  I>.  1741. 
fore  that  all  poiTible  Relict  may  be  given  to  the  Perfons  whofe  Eftates,  Titles  ^— -v— — ' 
and  Interefts,  may  be  affcded   tiiereby  ; 

II.  W  E  pray  that  it  may  be  Enacled,  And  be  it  Ejm.^ed,  by  his  Excelkncy  ^'^'  ,'^;',j';,/''' 
Gabriel  Johniton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejty's  Rep  (Kt  m  r<rv..f. 
Council  and  General  Afeiyibly  of  this  Province,  and  it  is  hereby  Enabled  by  the  Authority  ^'„'^Yc'.r'  .Tt'h'y 
of  the  fame.  That  all  Deeds  and  mefne  Conveyances  of  Lands,  Tenements,  and  arc  delivered  t.. 
Hereditaments,  not  already  acknowledged,  proved  and  regiilered,  by  any  Negieft  j^^'^jr^'"'""  ''" 
as  aforelaid,  the  Public  Regifter  of  every  County  where  fuch  Neglect  liarh  happen- 
ed, Ifiall  regifter  fuch  Deed  or  melhe  Conveyance,  within  Twelve  Months  after  the 
Ratification  of  this  Acl ;  provided  fuch  Deeds  or  mefne  Conveyances,  be  delivered 

to  the  Regifter  of  each  County  where  the  Land  lieth,  witinn   Ten  Months  after 
the  Ratification  of  the  fame. 

III.  A  N  D  be  it  further  Enal^ed,  by  the  Authority  aforefaid.   That  all  Deeds  or    ah  r„ci,  «  h3»a 
mefne  Conveyances,  which   have   been  recorded  by  the  Clerk   of  any  Precinct  or    ^^'-■']   rcg,«Lrtd. 
County  Court  within  this  Province  where  luch  Lands   I'.e,  or   have  been  heretofore    dJe  Time*' dc- 
regiftered  by  the  public  Regifter  of  any  of  the  faid  Precincts  or  Counties  within  this    ^lartd  vaud. 
Province  where  fjch  Lands  lie,  though  not  within  One  Year  after  the  Date  of  fuch 
Conveyance,  ftiall  be  good  and  valid  in  Law  -,  and  all  Deeds  and   mefne  Convey- 
ances hereafter  to  be  proved,  acknowledged  and  regiftered,  in  the  Manner  as  is  by 

this  Ad  direfted,  ftiall  be  good  and  valid,  to  all  Intents  and  Purpofe-^,  as  if  the 
faid  Deeds  and  mefne  Conveyances  had  been  regiftered  purfuant  to  the  before  re- 
cited A6t :  And  fuch  Regiftry  of  all  and  every  Deed  or  mefne  Conveyance,  already 
regiftered,  or  that  hereafter  ftiall  be  regiftered,  by  Virtue  of  this  or  the  before  re-  rc"ifttTed  by'ti';" 
cited  Ad,  or  a  Copy  thereof,  properly  attefted  by  the  Regifter,  ftiall  and  may  Aft,  to  be  valid. 
(where  fuch  original  Deed  or  mefne  Conveyance  is  loft)  be  given  in  Evidence  in 
any  Court  within  this  Province,  iia  fuch  Suit  or  Suits  wherein  there  may  be  Occa- 
fion  to  give  fuch  regiftered  Deed  or  mefne  Conveyance  in  Evidence ;  any  Law, 
Uiage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Regifter  Regifternegiea- 
that  ftiall  negled,  refufe  or  delay,  to   regifter   any  Deeds,  mefne  Conveyances,  or  o.^eds,'©';.'^ 
any  other  Inftruments   of  Writing,  within  Two  Months   after  delivered  to   him,  w"'"^^*^',. p^, 
fuch  Regifter  or  Regifters,  for  each  and  every  Two  Months  fo  negleding,  reiuf-  livcty,  tofo.iac 
ing,  or  delaying,  ftiall  forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  *°'' 
Money ;  one  Half  to  the  Ufe   of  the  Parifli,  and  the  other  Half  to  him  or  them 

that  ftiall  fue  for  the  fame ;  to  be  recovered  by  Adion  oi  Debt,  Bill,  Plaint,  or  In- 
formation, in  any  Court  of  Record  in  this  Government  •,  wherein  no  Eflbin,  In- 
jundion,  or  Wager  of  Law,  ftiall  be  allowed  or  admitted  of 

CHAP.     XXII. 
An  A^,  for  Punify,nent  of  Lefertcrs.     O  B  S. 

CHAP.  23.  An  Act.  for  ejlablifoing  the  Church,  for  appointing  Parifoes,  and 
the  Method  of  electing  Vcftries  ;  and  for  directing  the  Settlement 
of  Parifh  Accompts  throughout  this  Lovernincnt.     REP. 

CHAP.     XXIV. 

An  All,  concerning  Servants  and  Slaves,  (b) 

E  it  Enacted,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  by  and  with    ^^,^,^^'l^^l'"l^l 
the  Advice  and  Confent  of  his  Majejlfs  Council,  and  General  JJfenibly  of  this    servant,  "unw'fs* 

K   2  'Provtnce,    ^J:^X  "' 


(b)  See  Aft  March   1753,  Chap."  6.      Novemb.    1758,  Clup.  7.     Odobcr   1764,  Chap.    8,  for 
amending;  this  Ad. 


76 


L  A  IV  S    of    North-Carolina, 


J.  D.  1 741.  Province,  and  it  is  hereby  Enacted,  hy  the  Autborily  of  the  fame.  That  no  Perfori 
whatfoever,  being  a  ChrilVian,  or  of  Chriftian  Parentage,  who,  from  and  after  the 
Ratification  of  this  Aft,  fliall  be  imported  or  brought  into  this  Province,  fliall  be 
deemed  a  Servant  for  any  Term  of  Years,  unlefs  tlie  Perfon  importing  him  or  her 
fliall  produce  an  Indenture,  or  fome  Specialty  or  Agreement,  fignifying,  that  the 
Perfon  fo  imported  did  contra6l  to  fcrve  fuch  Importer,  or  his  Afiigns,  any  Num- 
ber of  Years,  in  Confideration  of  his  or  her  Paffage,  or  fome  other  Confiderati.'ri 
therein  exprefled  ;  and  upon  any  Conteft  arifing  between  the  Mafter  of  any  Vefiei, 
or  other  Perfon  importing  any  Servant  or  Servants,  without  Indenture,  upon  any 
iil"del^rm'intd  by  Bargain  or  Specialty  as  aforefaid,  the  fame  fliall  be  determined  at  the  next  County 
thi  Co.  Court,  Court  to  be  held  for  the  County  where  the  faid  Servant  or  Servants  fhall  be  im- 
ported -,  the  Juftices  of  which  Court  are  hereby  impowered  to  hear  and  determine 
the  fame,  in  a  fummary  Way  •,  and  fuch  Determination  or  Judgment  fhall  be  con- 
clufive  and  binding  on  the  Importer  or  Servant  or  Servants,  either  for  the  Di  charge 
of  the  faid  Servant  or  Servants,  or  to  oblige  him,  her  or  them,  to  fcrve  the  Iiripor- 
ter,  or  his  Afligns,  as  the  Matter  fliall  appear. 


DifFiirence  he- 
twfcn  Mifters  of 
Vdris  and  I'cr- 


Servants  abfent. 
ing  themftlvss, 
to  ftrvj  double 
Time,  befices 
what  the  Ciiiit 
/lull  order  fur 
Charges, 


fiifubedient  Ser 
■vants  tu  be  pu 
nifliid. 


II.  A N D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  Chrif- 
tian Servant,  whether  he  or  flie  be  a  Servant  by  Importation,  or  otherwife,  fhall, 
at  any  Time  or  Times,  abfent  him  or  herfelf  from  the  Sei-vice  of  his  or  her  Mafter 
or  Miflrefs,  without  Licence  firft  had,  he  or  flie  fliall  fatisfy  and  make  good  fuch 
Lofs  of  Time,  by  ferving,  after  their  Time  of  Service  by  Indenture  or  otherwife 
is  expired,  double  the  Tim.e  of  Service  loft  or  neglefted  by  fuch  Abfence  ;  and 
alfo  fuch  longer  Time  as  the  County  Court  fhall  think  fit  to  adjudge,  in  Confide- 
ration of  any  further  Charge  or  Damage  the  Mafter  or  Miftrefs  of  fuch  Servant  may 
have  fuftained,  by  Reafon  of  his  or  her  Abfence  as  aforefaid. 

III.  AN  D  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  if  any  Chriftian 
Servant  fhall  lay  violent  Hands  on  his  or  her  Mafter  or  Miftrefs,  or  Overfeer,  or 
fhall  obftinately  refufe  to  obey  the  lawful  Commands  of  any  of  them,  upon  Proof 
thereof  by  one  -or  more  Evidences  before  any  Juftice  of  the  Peace,  he  or  flie  fhall, 
for  every  fuch  Ofience,  fuffer  fuch  corporal  Punifhment  as  the  faid  Juftice  fhall 
think  fit  to  adjudge,  not  exceeding  Twenty-one  Lafhes. 


Mafter  to  provide 
Nece0aries  for 
Servants, 


Not  to  whip 
them  naked,    on 
Penaltv   (if  40  o. 
to  fuch  Servant. 


IV.  A  N  D  as  an  Encouragement  for  Chriftian  Servants  to  perform  their  Ser- 
vice with  Fidelity  and  Chearfulnefs  ;  Be  it  further  Enabled,  hy  the  Authority  afore- 
faid. That  all  Mafters  and  Owners  of  any  Servant  or  Servants,  fhall  find  and  pro- 
vide for  their  Servant  or  Servants,  wholefome  and  competent  Diet,  Cloathing  and 
Lodging,  at  the  Difcretion  of  the  County  Court  •,  and  fhall  not,  at  any  Time,  give 
immoderate  Correction,  neither  fliall,  at  any  Time,  whip  a  Chriftian  Servant  na- 
ked, without  an  Order  from  a  Juftice  of  the  Peace :  And  if  'any  Perfon  fhall  pre- 
fume  to  whip  a  Chriftian  Servant  naked,  without  fuch  Order,  the  Perfon  (o  offend- 
ing, fliall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation  Money,  to 
the  Party  injured  ;  to  be  recovered,  with  Cofts,  upon  Petition  to  the  County  Court 
(without  the  formal  Procefs  of  an  Adlion)  as  in  and  by  this  Aft  is  provided  for  Ser- 
vants Complaints  to  be  heard  and  determined  ;  provided  Complaint  be  made  withir^ 
Six  Months  after  fuch  whipping. 


Servants  com- 
plaiiiinp,    Juftic 
may  binJ  ttie 
Matter  to  next 
Court. 

Co-nplaints  to  L 
heard  without 
i  rmal  I'roctis  i 
Adion. 


V.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  all  Servants 
by  Indenture  or  otherwife  as  aforefaid,  fhall  have  their  Complaints  received  by  a 
Juftice  of  the  Peace,  who,  if  he  find  Caufe,  fliall  bind  the  Mafter,  Miftrefs,  or 
Overfeer,  over,  to  anfwer  the  Complaint  at  the  next  County  Court ;  and  it  fhall 
be  there  determined  :  And  all  Complaints  of  any  Servant  or  Servants  fliall  and  may, 
either  immediately,  or  as  aforefaid  by  Virtue  hereof,  be  received  at  any  Time,  upon 
Petition  or  Information  in  the  Court  of  the  County  wherein  they  refide,  without 
the  formal  Procefs  of  an  A6tion  ;  and  alio,  full  Power  and  Authority  is  hereby  gi- 
ven to  the  faid  Courts,  at  their  Difcretion  (having  firft  fummoned  the  Mafter,  Mif- 
trefs, or  Overfeer,  tojuftify  themjelves,  if  they  think  fit)  to  adjudge,  order  and 

appointy 


LAWS      cf     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


77 


Sppoint,  what  fiiall  be  neceflary  as  to  Diet,  Lodging,  Cloathing  or  Correftion :  ^.  D.  17 
And  if  any  Mafter,  Miflrefs,  or  Overfeer,  fliall  not  thereupon  comply  with  the 
Order  of  the  faid  Court,  the  faid  Court  is  hereby  authorized  and  impowered,  upon 
a  fecond  jull  Complaint,  to  order  fuch  Servant  or  Servants  to  be  immediately 
fold,  at  Public  Vendue,  by  the  Sheriff;  and  after  the  Charges  are  deditfted,  the 
Remainder  of  what  the  faid  Servant  or  Servants  fhall  be  fold  for,  tD  be  paid  to  the 
Owner, 


41. 

Wal'er  nut  com. 
plying    wilh    (hi 
Older   of  C'cutt, 
Seivant  to  ba 
folj. 


If  by  Sic!cnc!"=  he 
cann,  t  be  fiiUl  t",r 
enough  to  pay  the 
Charges,  to  be 
fent  tn  the 
Churchwaidens, 
ar,d  pri'vid'd  fur 
the  Mailer, 


VI.  PRO  VID  E  D  always.  That  if  fuch  Servant  or  Servants  fliall  be  fick  or 
lame,  or  otherwife  rendered  fo  incapable  that  he,  fhe  or  they,  cannot  be  fold  for 
fuch  Value  at  leaft  as  Ihall  latisfy  the  Fees,  and  other  incident  Charges  accrued,  the 
faid  Court  fliall  then  order  fuch  Servant  or  Servants  into  the  Care  of  the  Church- 
wardens of  the  Parifli ;  and  the  Mafter,  Miftrefs  or  Owner,  fliall  provide  the  faid 
Servant  or  Servants  with  fuch  convenient  Necefiaries  as  they  fliall  direft  and  judo^e  ^^ 
fufficient  for  his,  her  or  their  Support,  until  the  Time  due  by  Law  from  fuch  Ser- 
vant or  Servants  to  their  Mafter,  Miftrefs  or  Owner,  fliall  be  expired,  or  until  fuch 
Servant  or  Servants  fhall  be  fo  recovered  as  to  be  fold,  for  defraying  the  faid  Lees 
and  Charges. 

VII.  y4ND  he  it  further  Enal^ed,  That  the  faid  Court  from  Time  to  Time,  fliall  charges  to  b- )«. 
order  the  Charges  of  keeping  fuch  Servant  or  Servants,  to  be  levied  upon  the  Goods  "'"^ ""  ''^"'^^'"- 
and  Chattels  of  the  Mafter  or  Owner  of  fuch  Servant  or  Servants,    in  Cale  they 

fliould  negleft  or  refufe  to  provide  for  the  fame. 


Servant^  Com 
plaints    for   their 
Frtcdon.  Dues, 
tu  be  heard. 


rfcit 


VIII.  AN  T)  he  it  further  Ena^ed,  hy  the  Authority  rfcrefaid.  That  all  Servants 
aforefaid,  whether  by  Indenture  or  otherwife,  as  well  Feme-Coverts  as  others,  fliall, 
in  the  like  Manner  (as  is  provided  upon  Complaints  of  Mifufage)  have  their  Peti- 
tions received  in  the  faid  County  Court,  for  their  Wages,  PVeedom,  and  Freedom 
Dues  (in  this  Aft  hereafter  expreffed)  without  the  formal  Procefs  of  an  Adlion  ; 
and  Proceedings  and  Judgment  fliall,  in  like  Manner,  be  had  thereupon. 

IX.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Mafter  Mafter  difchsig- 
or  Miftrefs  of  any  Servant  or  Servants,  who  fliall  happen  to  be  fick  or  difeafed  dur-  ^"1/"^  ^"'""' 
ing  the  Time  of  their  Servitude,  and  unable  to  perform  their  daily  Labour,  fliall,  and  not  !ndea!'^' 
upon  any  Pretext  whatfoever,  remit  to  fuch  Servant  or  Servants,  any  Part  of  his,  ^^"^'1"^  to'L'fd 
her  or  their  Time,  to  be  cleared  of  them,  whereby  the  faid  Servant  or  Servants  may  s' 
perifli,  or  become  a  Charge  to  the  Parifli :  And  whofoever  fliall  hereafter  offend 
herein,  or  fhall  not  ufe  and  endeavour  all  lawful  Means  for  Recovery  of  fuch  their 
Servant  or  Servants  as  fhall  happen  to  be  fick  or  difeafed,  during  the  Time  of  his, 
her  or  their  Servitude,  fliall  forfeit,  for  each  and  every  Servant  fo  turned  off  or 
negletfled.  Five  Pounds,  Proclamation  Money ;  to  be  levied  by  an  Order  from 
the  County  Court  before  whom  the  Fad  fliall  be  proved,  by  the  Oath  of  one 
or  more  Witnefs  or  Witneffes,  and  to  be  paid  into  the  Llands  of  the  Churchwardens 
of  that  Parifli  where  the  Offence  fhall  be  commiitted,  and  difpofed  of  towards  the 
Support  and  Maintenance  of  fuch  Servant  or  Servants  fo  turned  off"  or  negleded, 
for  the  Recovery  of  his,  her  or  their  fiealth  and  Strength ;  and  fuch  Servant  or 
Servants  fliall  be,  by  the  County  Court,  or  any  Two  Juftices,  during  the  Time  of 
their  Infirmity,  ordered  into  the  Hands  and  Care  of  the  Churchwardens  of  the  Pa- 
rifli in  which  his,  her  or  their  Mafter  or  Owner,  fliall  dwell :  But  in  Cafe  fuch  fick 
or  deceafed  Servant  or  Servants  refpedlively,  fliall  not  live  to  the  expending  the  faid 
whole  Sum  of  Five  Pounds,  Proclamation  Money,  then  the  Remainder  to  be  dif- 
pofed of  to  the  Ufe  of  that  Parifli  •,  or  in  Cafe  the  faid  Sum  of  Five  Pounds  fliould 
not  be  fufficient  to  fupport  each  Servant  during  his  Servitude,  or  until  his  Recovery, 
in  fuch  Cafe  the  County  Court  is  hereby  authorized  and  impowered  to  order  a  Suf- 
ficiency to  be  levied  (from  Time  to  Time,  as  the  fame  fliall  become  due)  upon 
the  Goods  and  Chattels  of  the  Mafter  or  Owner  of  fuch  Servant  or  Servants,  if  "''"■  ""''^ 
they  fliall  neglect  or  refufe  to  provide  the  fame,  agreeable  to  the  Orders  of  the  faid 

Court;  and  fuch  Servant  or  Servants  fo  negle<5led  or  turned  ofi"",  fliall,  upon  their   Serv-.rt ic turned 
Recovery,  be  fet  free  from  tiieir  Mafter  or  Owner.  on'hJR.'Jv!"/ 

X.    PROVIDED 


If  i;!.   (?i.ill   not 
be  fufficient  to 
fupport  furh  Ser- 
vant, Court  may 


^8  L  A  JV  S    o/"North-Carolina. 

J.  D.   1741.        X.     PROV  ID  ED  always,    and  he  it  further  Enabled,    That  if  any   Servant 

* — -^.'-^--■^     or  Servants    in    this  Government,    fliall,    through  his,    her  or  their  own  wiliul 

sicVcnefs,  &■"!  on    Mifbchavour,  happen  to  have  any  Difeafe,  or  any  broken  Bones,  Bruifes,  or  other 

thmreives,  to      Impediments,  whereby  they  may  be  dilabled  to  ptribrm  their  Labour  as  they  ought 

to  do,    and  become  chargeable  to  th^eir  Mailer  or  Owner,  luch  Servant  or  Servants 

fliall  lerve  his,    her  or  their  Mailer  or  Owner,    after  the  Time  of  his,    her  or  their 

Service,  by  Indenture  or  otherwife,  is  expired,  fuch  Time  as  fliall,  by  the  County 

Court,  be  adjudgded  fufHcient  to  fatisfy  the  Charges  expended  on  him,  her  or  the m, 

for  his,  her  or  their  Recovery  -,    and  fhall  alio  ferve  over  fo  much  I'ime  as  he,  flie 

or  they,  by  any  fuch  Means,  were  dilabled  to  ferve :  Any  Thing  herein  contained, 

to  the  Contrary,  notwithftanding. 

,.  XI      AN D  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  if  any  Servant 

Servants  mak:ng  ^ij..        ^z  -^      ^-^  .   ■'^  ,  1  1   1       1   •         i  1      •      a  /   n  r^ 

faiie  c.^mpiAints,  or  Servants  fliall  unjuflly  vex  and  trouble  ins,  her  or  their  Mailer  or  Owner,  with 
the  Time  S'''  groundlcfs  Complaints  againft  them  to  the  County  Court,  or  to  any  Jufl:ice  or 
Juftices  of  the  Peace,  fuch  Servant  or  Servants  fliall,  by  the  County  Court,  be 
ordered  to  ferve  his,  her  or  their  Maflier  or  Owner,  lb  injured  by  fuch  unjufl:  and 
crroundlefs  Vexation,  after  the  Expiration  of  the  I'ime  he,  flie  or  they,  have  then 
to  ferve,  the  double  Term  and  Space  of  that  Time  he,  flie  or  they,  negkded  and 
loft,  in  Profecution  of  fuch  Complaints. 

Servants  put  into  XII.  A  N  D  he  it  further  EnatJed,  hy  the  Authority  aforefaid.  That  every  Servant 
I'n'-^r 'to' fe?ve  wlio  fliall  bc  in  Jail,  for  his,  her  or  their  own  Offence,  fliall  lerve  his,  her  or  their 
double  T.mc.  Maflier  or  Owner,  double  the  Time  he,  fhe  or  they,  fliall  there  remain,  after  the 
Expiration  of  the  Time  he,  flie  or  they,  have  to  ferve,  by  Indenture  or  otherwife  -, 
and  further,  ferve  his,  her  or  their  iaid  Mafl:er  or  Owner,  fuch  Timx  as  fliall  be 
ordered  by  the  County  Court,  as  a  Satisfaftion  for  the  Fees  and  other  Charges  hiSj 
her  or  their  Mailer  or  Owner,  hath  expended  for  fuch  Servant  or  Servants. 

Where  free  Per-  XIII.  A  N  D  he  it  further  Eua^ed,  hy  the  Authority  aforefaid.  That  in  all  Cafes 
bie  VFine^fep'  of  Pcnal  Laws,  whereby  Perfons  free  are  punifliable  by  Fine,  Servants  fliali  be 
v.mt5 1->  be  whip,  puniflied  by  whipping,  at  the  Difcretion  of  any  Court,  or  Jufl:ice  or  Jufbices  before 
S'the"Fine!'''^    whoiii  fuch  Fine  or  Fines  are  recoverable,  not  exceeding  Thirty  Nine  Laflies ;  unlefs 

the  Servant  fo  culpable,  can  and  will  procure  Ibme  Perfon  or  Perfons  to  pay  the 

Fine. 

Ko  free  Perfon        XIV.     A  N  D  hc  it  further  Enacted,  hy  the  Authority  aforefaid.  That  no  free  Man 

to  trade  with  or  Trader  v/hatfoever,  (hall  buy,  fell,  trade,  barter,  or  borrow  any  Commodities 

siaves""nPenai-  whatlbcvcr,  with,  to,  or  from  any  Apprentice  or  Servant,  whether  fo  by  Indenture 

.  X'r  f  ^^''°}\  i""^  or  otherwife,  or  with  any  Slave  within  this  Government,  wkhout  the  Conlent  of  the 

value  traded  tor,  ?„       „  „    '  r  r-      ^       \  •  r>  01  ti    •  r 

and  61.  Mafber,  Mifl:refs  or  Owner,  of  fuch  Apprentice,  Servant  cr  Slave,  upon  Pain  ot 

forfeitino-  treble  the  Value  of  the  Commodity  or  Commodities  fo  traded  for,  bartered 
or  fold  r  and  alfo  fliall  pay  the  Sum  of  Six  Pounds,  Proclamation  Money,  to  the 
Ufe  of  the  faid  Maflier,  Mifl:rels  or  Owner ;  to  be  recovered  in  the  Court  of  the 
County  where  the  Offence  fliall  be  committed,  by  A6lion  of  Debt,  Bill,  Plaint,  or 
Information,  wherein  no  Eflbin,  Proteftion,  Injunftion,  or  Wager  of  Law,  fliall 
oir.nder  not  able  be  allowcd  or  admitted  of:  And  if  it  fliall  fo  happen  that  the  Perfon  fo  ofl^ending 
for^a^sV'vanl^'''''  ^"^  "^^  ^^  '^^^  ^'^  P^y  ^^"^'^^"^  ^^^  Valuc  of  thc  Commodities  fo  traded  for,  fold  or 
bartered,  and  the  Sum  of  Six  Pounds,  iuch  Perfons  fliall  then  be  adjudged,  by  the 
County  Court,  to  be  fold  as  a  Servant  for  the  fame. 

Mafter  not  fuirg        XV.     PROV  ID  ED  always.    That  if  the  Mafl:er,    Mifl:refs  or  Owner,   of  fuch 

i"help"rfonmr    Apprentice,    Servant  or  Slave,  fliall  not,    within  Six  Months  after  he  or  flie  fliall 

onmay.    ^^^^^  Information  or  Knowledge  of  fuch  Oifence,  profecute  the  Ofi^ender  or  Offenders 

for  the  fame,  that  then  it  fhall  and  may  be  lawful  tbr  any  other  Perfon  fo  to  do,  and 

to   have  and  receive  every  Advantage  and   Benefit  ariflng  from   luch  a  Profe- 


cution. 


XVI.    AND 


LAWS     of    North -Carolina. 


79 


XVI.     A  N  D  be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  every  Ser-    ^-^D.   1741. 
vant,  by  Indenture  or  otherwife,  who  fliall  imbezzle,  purloin,  wilfully  walle,  or     ^-^"^r- — 
fhall   trade,  fell  or  barter,  or  otherwife  make   away,  any  of  his  or  her  Mailer  or    «"ng"theirM?f" 
Miftrefs's  Corn,  Cattle,  Sheep,  Hogs,  Stock,  or  other  Goods  or  Provifions,    or    J-"'  ^"."'''  '° 
Commodities  whatfoever,  (hall,  upon  Conviftion  of  every  iuch  Offence,  by  one  or 
more  Teftimonies,  upon   Oath,  or  Confeffion   of  the  Party,  before  any  County 
Court  within  this  Government,  be  adjudged,  by  the  faid  Court,  to  ferve  his  or  her 
faid  Mailer  or  Miftrefs  fuch  Time  as  the  faid  Court  fhall  think  reafonable,  for  the 
faid  Offence,  after  the  faid  Time  by  Indenture  or  otherwife,  as  aforeiaid^  is  expired. 


nt 


Ytais  uf  Age, 


XVII.  AND  whereas  many  Women  Servants  are  begotten  v^ith  Child  by  free  w.man  Ser .... 
Men  or  Servants,  to  the  great  Prejudice  of  their  Mafler  or  Miftrefs  whom  they  >>.=ving  a  chiM  m' 
ferve;  Be  it  therefore  further  Enacted,  by  the  Authority  of  ore  faid.  That  if  any  Wo-  fe'rve^TyearVur 
man  Servant  fhall  hereafter  be  with  Child,  and  bring  forth  the  fame  durino-  the    •'• 

Time  of  her  Servitude,  fhe  fliall,  for  fuch  Offence,  be  adjudged  by  the  County 
Court,  to  ferve  her  Mafter  or  Miftrefs  One  Year,  after  her  Term  of  Service  by  In- 
denture or  otherwife  is  expired. 

XVIII.  A  ND  be  it  further  EnaSIed,  by  the  Authority  aforefaid.  That  if  any  Wo-  if /i.e  u.  3  chiia 
man  Servant  ftiall  hereafter  be  delivered  of  a  Child,  begotten  by  her  Mafter,  fuch  \>'  ^"'  Mafter, 
Servant  fliall,  immediately  after  Delivery,  be  fold   by   the  Churchwardens  of  the  '^m^^'t)x''\^TLt 
Parifli  where  the  Offence  fhall  be  committed,  for  One  Year,  after  the  Time  of  Ser-  '  ^"'■* 

vice  by  Indenture  or  otherwife  is  expired  ;  and  the  Money  arifing  by  fuch  Sale  ftiall 

be  to  the  Ufe  of  the  Parifli :  And  if  any  white  Servant  Woman  fliall,  during  the    if  hy  a-  Negro, 

Time  of  her  Servitude,  be  delivered  of  a  Child,  begotten  by  any  Negro,  Mulatto,  or    *'•  *^^  ""7  ''= 

Indian,  fuch  Servant,  over  and   above   the  Time  fhe  is  by   this  Ad  to  ferve  her    and  °^ht  chn" ' 

Mafter  or  Owner  for  fuch  Offence,  fliall  be  fold,  by  the  Churchwardens  of  the  Pa-    ''  "'^" ' "' ''"  ^^ 

rilh,  tor  Two  Years,  aiter  the  Time  by  Indenture  or  otherwife  is  expired  ;  and  the 

Money  arifing  thereby  applied  to  the  Ufe  of  the  faid  Parifli ;  and  fuch  Mulatto 

Child  or  Children  of  fuch  Servant,  to  be  bound,  by  the  County  Court,  until  he  or 

flie  arrive  at  the  Age  of  Thirty-one  Years. 

XIX.  AND  whereas  many  Abufes  have  and  may  be  committed,  by  Perfons 
v/ho,  under  Pretence  of  underftanding  feveral  Trades  and  Mifteries,  have  procur- 
ed, and  may  hereafter  procure,  large  Sum.s  of  Money  to  be  advanced  to  them,  and 
have  entered,  and  may  hereafter  enter,  into  Covenants  with  Merchants  and  others 
in  Great-Britain,  or  elfewhere,  for  the  Payment  of  large  Wages,  Yearly,  though 
they  were,  or  may  be,  totally  ignorant  of,  and  unable  to  perform,  fuch  Trade  and 
Miftery  :  For  Remedy  whereof, 

XX.  B  E  it  EnatJed,  by  the  Authority  aforefaid.  That  all  and  every  Perfon  or 
Perfons  already  imported,  or  who  fliall  be  hereafter  imported  into  this  Government, 
as  a  Tradefman  or  Workman,  on  Wages,  and  fliall  be  found  not  to  underftand  ""^  '"""<*  "<^t  to 
fuch  Trade  or  Employment,  the  Mafter  or  Owner  of  fuch  Servant  may  bring  him  Trfde^rc™'-'!'  '^ 
or  her  to  any  County  Court  of  this  Government  ^  which  Court,  upon  Complaint  "i^y '"t.ff  their 
made  to  them  of  fuch  Deceit,  are  hereby  impowered  and   direcS:ed  to  enquire  into  "'^"* 

the  fame  •,  and  upon  finding  any  fuch  Fraud,  may  judge  and  direft  fuch  Satisfac- 
tion to  be  made  to  the  Mafter  or  Owner  of  fuch  Servant,  either  by  the  Defalca- 
tion of  the  Wages,  or  Part  thereof,  as  to  them  ftiall  feem  juft. 

XXI.  ANT)  be  it  further  Enacted,  by  the  /Authority  aforefaid.  That  if  any  Per-  if  they  rffufe  to 
fon,  who  is,  or  fliall  hereafter  be  imported  or  brouQ;ht  into  this  Government,  as  a  "i" ;''^'f p"')'. « 
1  radelman  or  other  Workman,  on  Vf ages,  fliall  retufe  or  negledl  to  perform  his  fiv^,  to  ferve 
Duty,  or  fliall  abfent  himfelf  from  his  Mafter  or  Owner's  Service  without  Leave,  ?,!«''' withoJt'"'* 
in  every  fuch  Cafe  it  fhall  and  may  be  lawful  for  the  Juftices  of  the  County  Court  "^'h^s. 
wherein  fuch  Mafter  or  Owner   refides,  upon  Complaint  and  Proof  to  them  made, 

to  order  fuch  Satisfiiftion  and  Reparation  to  the  Mafter  or  Owner  of  fuch  Servant, 
for  the  Damages   fuftained   by   him  for  fuch  Refufal  or  Negledl,  as  to  them  fliall 

feciii 


Tradefmcn    im- 
ported oiiWa 


L  A  tV  S    of    North-Garoli 


N  A 


J.  D.  1744.    feem  jiift",  and  for  every  Day  fuch  Servant  Ihall  abfent  himfelf  from  his  Mafter  or 

^^•v- i^    Owner's  Service  as   aforefaid,  to  order  and  direft  fuch  Servant  to  ferve  his  or  her 

faid  Mafter  or  Owner  Two  Days  for  every   Day's  Abfence,  after  his  Time  byln- 

denture  or  otherwife  is  expired,  and  that  without  any  Wages  to  be  paid  for  iuch 

Service. 

ServanuFreeaom  XXII,  A  N  D  he  it  further  EnaHed,  hy  the  Authority  aforefa'id.  That  there  {hall 
^""-  be  allowed  to  every  Servant,  whether  by  Indenture  or  othtrwife,  not  having  Yearly 

Wao-es,  at  the  Expiration  of  his  or  her  Service,  Three  Pounds,  Proclamation  Mo- 
ney,*^  befides  one  fufficient  Suit  of  wearing  Claaths  for  fuch  Servant  or  Servants. 

i'erforfs  Import-  XXIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefahU  That  if  any  Per- 
ing  and  felling  as  ^qj^  qj.  pej-fons  already  have,  or  Ihall  hereafter  import  into  this  Government,  and 
^crfon7  tr^ayl  \-^^^^  fgU  or  retain  for  his  own  Ufe,  as  a  Slave,  any  Perfon  or  Perfons  that  Ihall  have 
lured!  doobk  'Z  been  free  in  any  Chriftian  Country,  lOand  or  Plantation^  or  ^urk  or  A4cor,  in  Amity 
Sum  'he  was  fuid  ^jj-j^  j-^jg  Majefty,  fuch  Importer  or  Seller  as  aforefaid,  fliall  forfeit  and  pay,  to  the 
'^"''  Party  from  whom  the  faid  free  Perfon  fhall  recover  his  or  her  Freedom,  double  the 

Sum  for  which  fuch  free  Perfon  was  fold  j  to  be  recovered  in  any  Court  of  Record 
within  this  Government,  according  to  the  Courfe  of  Common  Law,  wherein  the 
Defendant  fhall  not  be  admitted  to  plead,  in  Bar,  any  Aft  or  Stauite  for  Lim,ita- 
AniftaiiEWe  tion  of  Adions  :  And  moreover,  fuch  Importer  or  Seller  of  any  fuch  free  Perfon 
Security  to  carry  ^^  aforcfaid,  fhall  bc  Committed  until  he  enter  into  Bond,  before  the  faid  Court, 
S=^  piai" ."om  with  Two  good  and  fufficient  Sureties,  in  the  Sum  of  Five  Hundred  Pounds,  Stcrl. 
whence  he  bro't  jyjQney,  of  Great-Britain,  payable  to  our  Sovereign  Lord  the  King,  his  Heirs  ar  d 
^'"'  SuccefTors,  with  Condition,  That  he  fhall   and  do,  within  One  Year  then  next  en- 

fuino-,  tranfport  and  land  (Danger  of  the  Seas  and  Life  only  excepted)  fuch  free 
Perfon  fold  by  him  as  a  Slave  as  aforefaid  (if  he  or  fhe  fhall  fo  require)  in  the  Coun- 
try, Ifland  or  Plantation  from  whence  he  or  fhe  was  indirftly  brought  as  aforefaid  -, 
and  fhall  produce  an  authentic  Certificate  of  his  Performance  thereof  to  the  faid 
Court. 

On  Complaint  of  XXIV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  each  and 
fc7d  ^"juftfc^^M  every  Juftice  of  the  Peace,  for  the  feveral  Counties  within  this  Government,  are 
examine  theMat.  hcrcby  impowercd  and  direded,  upon  the  Complaint  of  any  Perfon  who  now  is,  or 
oftlnd"et,'"with''  hereafter  fhall  be,  imported  into  this  Government,  and  who  was  free  in  any  Chriftian 
theWitneiTes.to  Countiy,  Ifland  or  Plantation,  before  his  or  her  Tranfportation  hither,  who  is  kept 
wherriheTme  or  fold  as  a  Slave,  to  caufe  the  pretended  Owner  of  fuch  Perfon  complaining,  to 
fliaiibedetermin-  j^ppg^r  bcforc  him,  together  with  fuch  Evidence  or  Evidences  as  fhall  be  material; 
"*"  and  after  Examination  taken,    in  Writing,    ftiall  bind  them  over  to  appear  at  the 

next  County  Court  of  which  he  is  a  Member,  where  the  faid  Complaint  fhall  be 
heard  and  determined,  without  any  formal  Procefs  of  Law. 

Penalty  on  Per.  XXV.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any 
sTrvamTorsfaves  Pcrfon  or  Perfons  whatfoever  Hiall,  diredly  or  indiredtly,  at  any  Time  after  the 
Ssmice'^^''^"  Ratification  of  this  Ad,  tempt  or  perfuade  any  Apprentice  or  other  Servant,  during 
the  Time  of  his  or  her  Service,  due  by  Indenture  or  otherwife,  or  any  Negro  or 
other  Slave,  to  leave  their  Mafter  or  Miftrefs's  Service  to  whom  he  or  they  is  Ap- 
prentice, Servant  or  Slave,  or  ftiall  knowingly  give  Encouragement  to  relieve,  affift, 
harbour  or  entertain,  any  fuch,  or  fhall  knowingly  encourage,  relieve,  affift,  har- 
bour or  entertain,  for  any  Space  of  Time  whatfoever,  any  Apprentice,  Servant  or 
Slave,  who  fliall  wilfully  abfent  him  or  herfelf  from  the  Service  of  his  or  her  Mafter 
or  Miftrefs,  fuch  Perfon  or  Perfons  fo  oflending,  fliall  forfeit  and  pay,  for  each  and 
every  fuch  Apprentice  or  other  Servant,  and  for  each  and  every  Negro  or  other 
Slave,  the  Sum  of  Forty  Shillings,  Proclamation  Money,  and  for  each  Twelve 
Hours  fuch  Apprentice  or  other  Servant,  Negro  or  Slave,  be  afterwards  abfent  from 
his  Mafter  or  Miftrefs's  Service,  the  Sum  of  Five  Shillings,  Proclamation  Money  ; 
to  be  recovered,  by  the  Mafter  or  Ov/ner  of  fuch  Apprentice,  Servant  or  Slave,  by 
Adion  of  Debt,   Bill,    Plaint,   or  Information,   in  the  General  or  County  Court, 

wherein 


L    A   V/  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


8i 


■wherein  no  EIToin,  Proted:ion  or  Injundtion,  Oiall  be  allowed  or  admitted  of :  And    ■^-  -O.   1741. 

if  it  fliOLild  ib   happen,    that   any  Perfon  or  Perfons  convicted  Offenders  herein,      ^"""^     -* 

lliould  not  be  able,  or  refufe  to  pay  the  Fines  by  this  Act  inflifted,  in  Inch  Cafe  tlie 

OiTender  Ihall  be,  by  OrJer  of  the  General  or  County  Court,  fold  as  a  Servant,  for 

fuch  Time  as  the  faid  Court  fliall  think  fufficient   to  pay  the  fame ;    and  fliail  be, 

tiurino-  fuch  Servitude,  liable  to  the  Penalties  and  Forfeitures  inflicted  for  Breaches 

of  thi°  Aft. 

XXVI.  A  N  B  he  it  further  Enacted,  by  the  Autkcrity  aforefaid^  That  if  any  Per-  oveifetr  lenving 
fon  fliall  hire  or  contract  himfelf  to  ferve  as  an  Overleer,  either  upon  Wages  or  f,';'fy,T^-|Y"vva' 
Share  of  the  Produce,  with  any  Perfon  or  Planter  whatfoever  within  this  Governm.ent, 
and  fliall  abfent  himfeif,  or  depart  from  the  Service  of  his  Maflier  or  Miftrefs,  before 
the  Time  mentioned  in  his  Agreement  or  Contract  fliall  be  expired,  he  fnall,  for 
fuch  Offence,  forfeit  his  Right  and  Title  to  liis  Wages,  or  Share  of  the  Produce, 


or  Shjre   of 
the  C:i»p. 


Penally  on  Per- 
fons   (arrying 
SInves  out  i:t  the 
Government. 


XXVII.  AND  be  it  further  EnaHed^  by  the  Authority  aforefaid.  That  if  any  Per- 
fon or  Perfons  whatfoever,  fliall,  direftly  or  indireftly,  at  any  Time  after  the  Rati- 
fication of  this  Act,  tempt  or  perfuade  any  Negro  or  Negroes,  or  other  Slave  or 
Slitves,  to  leave  his,  her,  or  their  Mafl:er  or  Mifl:refs's  Service,  out  of  an  Intent  and 
Deflgn  to  carry  or  convey  away  him,  her^  or  theiji,  out  of  this  Government,  or  fliall 
harbour  or  conceal  him,  her,  or  them,  for  that  Intent  and  Purpofe,  and  be  thereof 
convi6ted,  by  his,  her,  or  their  own  Confeflion,  or  the  Oath  of  one  credible  Vv''it- 
nefs,  fuch  Perfon  or  Perfons  fliall,  by  the  Two  next  Jufl:ices  of  the  Peace,  be  com- 
mitted to  Jail,  or  bound  over  to  the  next  Court  to  be  held  for  the  County  where 
the  Offence  fliall  be  committed,  and  fliall  be  profecuted,  by  Indiftment,  for  the 
fald  Offence  -,  and  being  thereof  lawfully  convicted,  fliall,  by  the  faid  Court,  be 
adjudged  to  pay,  to  the  Mafl:er  or  Miftrefs,  for  each  Negro  or  other  Shve  fo  in- 
ticed  or  perfuaded,  for  the  Purpofe  atorefaid,  the  Sum  of  Twenty-five  Pounds, 
Proclamation  Money,  or  the  Value  thereof ;  to  be  levied  by  Order  of  the  faid 
Court :  But  in  Cafe  the  Party  offending  fliall  not  be  found  worth  Lands,  Goods 
or  Chattels,  to  the  Value  aforefaid,  then  the  faid  Court  fliall  adjudge  him,  her  or 
•them,  to  ferve  the  Owner  of  luch  Slave  or  Slaves,  or  his  Affigns,  Five  Years ; 
and  fo  deliver  him,  her  or  them,  over  to  the  Mafl:er,  Miftrefs,  or  Ov/ner  of  fuch 
Slave  or  Slaves,  fo  tempted  or  perfuaded  as  aforefaid,  and  make  Record  thereof : 
But  if  any  Perfon  or  Perfons  fliall  fo  tempt  and  praftice  v/ith  any  Negro  or  Ne- 
groes, or  other  Slave  or  Slaves,  and  him,  her  or  them,  fo  tempted,  fliall  adually 
convey  away,  or  fend  out  of  this  Government,  and  be  afterwards  apprehended  and 
convifted  thereof,  he,  flie  or  they  fliall,  by  the  faid  Court,  be  feverally  adjudged- 
and  condemned  as  gviiity  of  Felony  •,  and  fliall  fuffer  accordingly. 

XXVIII.  AND  for  Encouragement  of  all  Perfons  to  take  up  Runav/ays,  B'e  Rf,varj  t^  Per 
it  Enarred,  by  the  Authority  aforefaid.  That  for  the  taking  up  Servants  or  Slaves,  if  [l^JJ^^^'^y^"'^  "^ 
Ten  Miles,  or  under,  from  the  Houfe  or  Qiiarter  where  fuch  Servant  or  Slave  v/as 

kept,  there  fliall  be  allowed  by  the  Mafter,  if  known,  and  refiding  in  the  County, 
if  not,  by  tlie  Public,  as  a  Reward  to  the  Taker  up,  Seven  Shillings  and  Six-pence, 
Proclamation  Money,  and  for  every  Mile  above  Ten,  Three-pence,  over  and  above 
tin  iaid  Sum  •,  which  faid  feveral  Rewards  fliall  be  paid  by  the  Churchwardens  oi 
the  Parifli  where  fuch  Taker  up  fliall  refide,  or  where  he  fliall  bring  fuch  Runav/ay 
before  a  Jufi:ice  of  the  Peace  i  and  fliall  be  levied  again  by  the  Churcliwardens  oi 
the  faid  Parifli,  upon  the  faid  Mafter  or  Owner  of  fuch  Runaway,  for  Rcimburfe- 
ment  of  the  fame  to  the  Parifli :  And  for  the  greater  Certainty  in  paying  the  faid 
Rewards,  and  reimburfing  the  Parifli,  every  Juftice  of  the  Peace  beiorc  whom  fuch 
Runaway  fliall  be  brought,  upon  the  taking  up,  fliall  grant  a  Certificate  thereof,  in 
which  he  fliall  mention  the  proper  Name  and  Surname  of  the  Taker  up,  and  the 
County  of  his  or  her  Rcfidence,  together  with  the  Time  and  Place  of  taking  up  the 
faid  Runaway,  and  fliall  alfo  mention  the  Name  of  the  faid  Runaway,  and  the  pro- 
per Name  and  Surname  of  the  f.lafter  or  Owner  of  fuch  Runaway,  and  the  County 
of  his  or  her  Refidence,    together  with  the  Diftance  of  Miles,    in  the  faid  Juftices 

L  Judgment, 


Rewnrd   how   to 
be  pj.d. 


82 


LAWS    of    North-Carolina. 


/I.  D.    1741. 


Runaway  Slave 
not  telling    his 
Mafter,    to    be 
committed  to  (he 
County  Jiil,  and 
Notice    givrn  f'jr 
Two  Months  by 
the  Sheiiif. 


Sheriff  failifig  to 
give  fuch  Notice, 
to  forfeit  5  1. 


Judgment,  from  the  Place  of  taking  up  the  faid  Runaway,  to  the  Houfe  or  Quarter 
where  fuch  Runaway  was  kept  -,  upon  producing  which  Certificate  to  the  Church- 
wardens of  the  Parifli  where  the  fame  was  granted,  they  fhall  pay,  to  the  Taker  up 
of  fuch  Runaway,  or  his  AfTigns,  the  Reward  aforefaid  ;  and  Ihall  levy  the  fame 
again  as  aforefaid  :  But  if  it  fhould  happen  that  the  Mafter  or  Owner  of  fuch  Run- 
away fhould  not  refide,  or  have  Effedls,  in  the  County  where  the  faid  Certificate 
fhall  be  granted  by  the  Juftice  as  aforefaid,  the  faid  Churchwardens  fhall  tranfmit 
the  faid  Certificate  to  the  SheriiTof  the  County  where  the  Owner  of  fuch  Runaway 
fefides,  or  hath  Effefts,  who  fhall,  upon  Receipt  thereof,  immediately  levy  the 
fame  upon  the  Goods  and  Chattels  of  the  Mafter  or  Owner  of  fuch  Runaway,  and 
return  the  fame  to  the  Churchwardens  aforefaid,  or  their  Order  -,  any  Law,  Ufage, 
or  Cuftom,  to  the  contrary,  notwithftanding. 

XXIX.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  any 
Negro  or  other  Perfon,  who  fhall  be  taken  up  as  a  Runaway,  and  brought  before 
any  Juftice  of  the  Peace,  and  cannot  fpeak  Eng'lifh,  or,  through  Obftinacy,  will 
not  declare  the  Name  of  his  or  her  Owner,  fuch  Juftice  fhall,  in  fuch  Cafe,  and  he 
is  hereby  required,  by  a  Warrant  under  his  Hand,  to  commit  the  faid  Negro  Slave 
or  Runaway  to  the  Jail  of  the  County  wherein  he  or  fhe  ihall  be  taken  up  -,  and  the 
Sheriff,  or  Under-SherifF,  of  the  County  into  whofe  Cuftody  the  faid  Runaway  fhall 
be  committed,  fhall  forthwith  caufe  Notice,  in  Writing,  of  fuch  Commitment,  to 
be  itx.  up  on  the  Court-Houfe  Door  of  the  faid  County,  and  there  continued, 
during  the  Space  of  Two  Months ;  in  which  Notice,  a  full  Defcription  of  the  faid 
Runaway,  and  his  Cloathing,  fhall  be  particularly  fet  down  •,  and  fliall  caufe  a  Copy 
of  fuch  N  otice  to  be  fent  to  the  Clerk  or  Reader  of  each  Church  or  Chappel  within 
his  County,  who  are  hereby  required  to  make  Publication  thereof,  by  fctting  up  the 
fame  in  fome  open  and  convenient  Place,  near  the  faid  Church  or  Chappel,  on  every 
Lord's  Day,  during  the  Space  of  Two  Months  from  the  Date  thereof:  And  every 
Sheriff  failing  to  give  fuch  Notice  as  herein  is  direfted,  fliall  forfeit  and  pay  Five 
Pounds,  Proclamation  Money ;  which  faid  Forfeiture  fhall  and  may  be  recovered, 
with  Cofts,  in  any  Court  of  Record  in  this  Government,  by  Adion  of  Debt,  Bill, 
Plaint,  or  Information,  wherein  no  Eflibin,  Privilege,  Proteftion,  Injundlion,  or 
Wager  of  Law,  Ihall  be  allowed  :  The  one  Moiety  whereof  fhall  be  to  the  Church- 
wardens, for  the  Ufe  of  the  Parifli,  as  well  as  towards  defraying  the  Charges  that 
lliall  arife  and  becom.e  due  by  Virtue  of  this  Aft,  and  the  other  Moiety  to  the  Per- 
fon who  fhall  fue  for  the  fame. 


Owner    not 
known   in    Two 
Months,    Runa- 
way to  b*  fent  to 
the  Public  Jail, 


XXX.  A  ND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  if  within 
the  Space  of  Two  Months,  the  Owner  of  any  fuch  Negro  Slave  or  Runaway  cannot 
be  known,  or  doth  not  claim  the  fame,  that  the  Sheriff  of  the  faid  County  to  whofe 
Cuftody  fuch  Runaway  fhall  be  committed,  fhall  caufe  the  faid  Runaway  to  be  de- 
livered to  the  next  Conftable,  to  be  by  him  delivered  to  the  next  Conftable,  and  fo 
from  Conftable  to  Conftable,  to  the  Public  Jail  of  this  Government,  after  fuch 
Manner,  and  to  receive  fuch  Punifliment,  as  in  this  A6t  is  mentioned  and  direfted. 


If  li'is  Owner  be 
not  yJt  known, 
Jailer   mi7    hire 
him  out,  to  pay 
his  Fe:s. 


XXXI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  when  any 
Negro  or  Runaway  as  aforefaid,  fhall  be  delivered  to  the  Keeper  of  the  Public  Jail 
of  this  Government,  by  Virtue  of  this  A6t,  and  his  or  her  Mafter  or  Owner  cannot 
be  known,  it  fhall  and  may  be  lawful  for  the  Keeper  of  the  faid  Jail,  upon  his  Ap- 
plication, to  the  General  Court,  or  the  neareft  County  Court  to  the  faid  Jail,  or  to 
any  Two  Juftices,  out  of  Court,  with  the  Confent  of  either  of  the  faid  Courts,  or 
Two  Juftices  as  aforefaid,  to  let  the  faid  Negro  or  Runaway  to  Hire,  to  any  Perfon 
or  Perfons  whom  they  fliall  approve  of,  for  fuch  Sum  or  Sums  of  Money,  or  Qiian- 
tity  of  Commodities,  and  for  fuch  Term  or  Time,  as  they  fliall  dired  \  and  that 
out  of  the  Money  or  Commodities  arifing  by  fuch  Hire,  all  Fees  relating  to  the 
taking  up,  Imprifonment,  and  conveying  to  Jail,  and  Charges  of  maintaining  fuch 
Negro  or  Runaway,  fhall  be  firft  paid  and  difcharged,  and  the  Overplus,  if  any, 
difpofed  of  as  fuch  Court,  who  fhall  order  the  faid  Negro  or  Runaway  to  let  out  to 
Hire,  fliall  dired.  XXXII.    FRO- 


L    A   IV  S      Cf      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  83 

XXXII.  PRO  FID  E  D  always.  That  when  the  Owner  of  fuch  Negro  or  Run-  ^-  D.  1 741 . 
away  fliall  demand  the  fame,  the  Perfon  to  whom  fuch  Negro  or  Runaway  Ihall  be  o"^^"^*'^ 
let   out   to  Hire,  Ihall  forthwith  deliver  him  or  her  into  the  Cuflody  of  the  Keeper  i^,  Run'wjv  to 
of  the  Public  Jail,  and  fhall  then  alfo  pay  the  Hire,  in  Proportion  to  the  Time  the  hi„'!'''hJ'p'"„g 
faid  Runaway  hath  ferved  ;    and  the  Keeper  of  the  fiid  Jail  fhall  deliver  the  faid  F'"'. 
Runaway  to  his  JMafter  or  Owner,  he  or  Ihe  paying  down  all  Fees  and  Charges  of 

taking  up,  Imprifonment,  conveying  to  Jail,  and  maintaining  fuch  Runaway,  in 
Cafe  the  Hire  of  the  faid  Runaway  be  not  fufncient  to  fatisfy  the  fame. 

XXXIII.  AN  T)  he  it  further  Enacted,  hy  the  Aiithcrity  aforefciid.  That  when  the  Runaway  slave 
Keeper  of  the  fiid  Public  Jail  ihall,  by  Direclion  of  fuch  Court  as  aforefaid,  let  out  ^;^'-^  ""'•  J- '" 
any  Negro  or  Runaway  to  Hire,    to  any  Perfon  or  Perfons  whomfoever,    the  faid  oiiar  on  hm  ; 
Keeper  ihall,    at  the  Time  of  his  Delivery,    caufe  an  Iron  Collar  to  be  put  on  the 
Neck  of  !uch  Negro  or  Runaway,  with  the  Letters  P.  G.  Itamped  thereon,  and  that  Eicjpe 
thereafter  the  faid  Keeper  ihall  not  be  aniwerable  for  any  Elcape  of  the  faid  Negro 

or  Runaway. 

XXXIV.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  when  any  Runaway  taken 
runaway  Servant  or  Slave  fliall  be  brought  before  any  Juitice  of  the  Peace  within  Z' ilim'to  nr'' 
this  Government,  fuch  Jullice  fhall,  by  his  Warrant,  commiit  the  faid  Runaway  to  wiiirp'-d.^nofeat 
the  next  Conflable,  and  therein  alio  order  him  to  give  the  faid  Runaway  fo  many  t'.  "cvnrhUe  ° 
Lafhes  as  the  faid  Jufhice  fhall  think  fit,  not  exceeding  the  Number  of  Thirty  Nine,  '"^'"«- 

well  laid  on,  on  the  bare  Back  of  fuch  Runaway ;  and  then  to  be  conveyed  from 
Conftable  to  Conflable,  until  the  laid  Runaway  fhall  be  carried  home,  or  to  the 
Public  Jail  as  aforefaid. 


and  then  n.t  ari- 
f\"?rabie    fur   ilia 


XXXV.  AND  be  it  further  Enabled,    That  every  Conftable  fhall,    on  his  Re-    ConZM^  refaU 
ceipt  of  fuch  Runaway,    give  Receipt  for  him  or  her ;    and  that  every  Conftable    Runaways*  w 
failing  to  execute  fuch  Warrant,  according  to  the  Tenor  thereof,  or  refufing  to  give    *^"'^'"'  ^°  ^* 
fuch  Receipt,  fhall  forfeit  and  pay  Twenty  Shillings,  Proclamation  Money,  or  the 

Value  thereof  in  Bills,  to  the  Churchwardens,  for  the  Ufe  of  the  Parifti  wherein  fucii 
Failure  fhall  be  ;  to  be  recovered  by  a  V/arrant  under  the  Hands  of  any  Two  Juftices 
within  the  County  where  fuch  Conftable  fhall  refide  :  And  fuch  corporal  Punifliment 
fliall  not  deprive  the  Mafter  or  Owner  of  any  runaway  Servant  of  the  other  Satisfac- 
tion herein  by  this  A<5t  appointed  to  be  had  of  fuch  Servant,  for  his  or  her  running 
away. 

XXXVI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  If  any  f^I^'^^^/J^;^  y; 
Sheriff,  Under-SherifF,  or  Conftable,  fliall  fet  to  work,  employ,  or  let  out  to  Hire,  k  tp  nc  them  in 
without  Order  of  Court  as  aforefaid,  any  runaway  Servant  or  Slave  committed  to  fh" n rifi-'la'di- 
the  CuftoJy  of  any  of  them,  or  fhall  detain  fuch  Runav/ay  longer  in  his  or  their  r^«s,  to  tuifcit 
Cuftody  than  by  this  A(5l  is  direfted,    he  or  they  fo  offending,  fhall  forfeit  and  pay  ^ '" 

Five  Pounds,    Proclamation  Money ;    to  be  recovered  in  any  Court  of  Record  in 
this  Government,    by  A6tion  of  Debt,    Bill,    Plaint,    or  Information,    v/herein  no 
Eflbin,    Protection,  Privilege,  or  Wager  of  Law,    fliall  be  allowed:    One  Moiety 
whereof  to  be  paid  to  the  Churchv/ardens,  for  the  Ufe  of  the  Parifli  where  the  Of- 
fence fhall  be  committed,  and  the  other  to  him  or  them  who  fhall  iue  for  the  fame  : 
And  if  any  Sheriff,  or  his  Under-Sheriff!,  or  any  Conftable,    into  whofe  Hands  any    ^'^,";^|"''';^7^^ 
runaway  Servant  or  Slave  fliall  be  committed,    by  Virtue  of  this  Aft,    fliall  ncgli-    cap'e"Tabie  to" 
gently  or  wilfully  fuffer  fuch  Runaway  to  efcape  the  faid  Sheriff,  Under-sheriff,  or    »hc  Damage. 
Conftable,  he  or  they  fliall  be  liable  to  the  Adion  of  the  Party  grieved,  for  Recovery 
of  his  Damages,  at  the  Common  Law,  witli  Cofts. 


laying  Levies. 


■  XXXVII.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  all  and  every    c-nft^L!- 
the  Conftables  within  this  Government,  for  t'leir  Encouragement  to  perform  their    '■"^r-'i    f'^nj 
Duty,  be,  and  they  are  hereby,  for  the  future,  exempted  from  the  Payment  of  all 
Public,  County,  and  Parifh  Levies,  for  their  own  Perfons,  during  their  Continu- 
ance in  Oiiice  y  and  that  the  Keepers  of  Ferries  within  this  Government,  fliall  give 

L  2  immediate 


84 


L  A  IV  S    of    North-Carolina. 


A.  D.  1 741. 

Ferry -Iceepets  to 
give  imme.liate 
J'a(r3ge    to  Con- 
ftabics  charged 
•with  Runaways. 

Such  Ferriaaes  to 

be  paid  by   the 
Churchwardens. 


Sheriff  fi:Ja. let's 
Fees, 


Sheriff  or  Jailer 
taking  greaver 
Fees,  to    forfeit 
ao  f. 


Runaways  fup<. 
poftd    to    belong 
toother  Ciivern- 
mf  nts.    Jailer  to 
ftnd  th  ther  a 
D..fcripuon  of 
them. 


Shves  not  to  go 
armed. 


Offenders  may  be 
taken  up,  their 
i'Vrms  taken  from 
thenn,    and  they 
whipped. 


One  Slave  on  a 
I'lantation  cx- 
tepted. 


immediate  PafTage  to  all  Conftables,  and  their  Affillants,  charged  with  conducing 
any  Runaway  or  Runaways,  either  to  the  Public  Jail,  or  to  fuch  Runaway  or  Run- 
aways Mafter  or  Owner,  without  charging  fuch  Conftable,  or  their  Afliitants,  for 
the  Ferriage,  either  going  or  returning :  But  all  fuch  Ferriages  of  Conftables,  and 
their  Affillants,  fhall  be  paid  by  the  Churchwardens  of  the  Parilh  where  fuch  Ferry- 
Keepers  refpeftively  live,  and  levied,  as  aforefaid,  upon  the  refpedtive  Mafters  or 
Owners  of  fuch  Runaways. 

XXXVIII.  A  N  D  be  it  further  Ena5fedy  hy  the  Authority  aforefaid^  That  from 
and  after  the  Publication  of  this  Aft,  the  Fees  and  Allowances  of  the  faid  Sheriffs 
and  Jailers  be  as  foUoweth,  that  is  to  fay :  For  the  Commitment  of  every  fuch  Ne- 
gro or  Runaway  to  any  County  Jail,  the  Sheriff  ftiall  be  paid,  for  his  Fee,  the  Sum 
of  Two  Shillings  and  Sixpence,  Proclamation  Money,  and  for  the  keeping  or  main- 
tainino-  him  or  her  in  Jail,  for  every  Twenty  Four  Hours,  the  Sum  of  Six- 
pence, and  for  his  or  her  Releafement,  the  Sum  of  Two  Shillings  and  Sixpence ; 
and  that  the  Keeper  of  the  Public  Jail  of  this  Government,  for  the  Commitment  of 
every  fuch  Negro  or  Runaway,  Ihall  be  paid  the  Sum  of  Two  ShiUings  and  Six- 
pence, Proclamation  Money,  and  for  his  or  her  keeping  in  Jail,  every  Twenty  Four 
Hours,  the  Sum  of  Sixpence,  Proclamation  Money,  and  for  his  or  her  Releafement, 
the  Sum  of  Two  Shillings  and  Sixpence,  Proclamation  Money,  and  no  more:  And 
if  any  Sheriff,  in  any  County  of  this  Government,  or  Keeper  of  the  Public  Jail, 
fliall  demand  or  take  any  greater  Fee  or  Allowance  than  is  hereby  before  appointed 
and  allowed,  for  the  Services  and  Maintenance  aforefaid,  or  any  of  them,  he  or  they 
fo  offending  /hall,  for  every  Offence,  forfeit  and  pay  to  the  Party  grieved,  the  Sum 
of  Twenty  Shillings,  Proclamation  Money,  and  fhall  alfo  refund  and  pay  back  to 
the  Parties  fuch  Sum  of  Money  which  fuch  Sheriff  or  Jailer  fhall  receive  and  take, 
over  and  above  the  Fees  and  Allowances  herein  before  appointed  -,  which  faid  For- 
feiture of  Twenty  Shillings,  fhall  and  may  be  recovered  by  a  Warrant  from  any 
Juftice  of  the  Peace  of  the  County  where  fuch  Offence  fhall  be  committed. 

XXXIX.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  when 
any  Negro,  or  other  Runaway,  whofe  Owner  is  fuppofed  to  be  refident  in  any  other 
Province,  fhall  be  committed  to  any  Public  Jail  of  this  Government,  the  Keeper  of 
the  faid  Jail  fhall,  by  the  firft  Opportunity  after  fuch  Commitment,  fend  a  Defcrip- 
tion  of  fuch  Negro  or  Runaway,  together  with  the  Account  of  the  Time  of  the 
Commitment,  and  the  County  where  fuch  Runaway  is  committed,  to  the  Prefs,  to 
be  advertifed  in  the  Virginia  or  South  Carolina  Gazette ;  for  whicli  he  fliall  be  reim- 
burfed  by  the  Owner  ot  the  faid  Slave  or  Runaway. 

(a)  XL.  AND  be  it  further  Enacled,  hy  the  Authority  aforefaid.  That  no  Slave 
fliall  go  armed  with  Gun,  Sword,  Club,  or  other  Weapon,  or  fhall  keep  any  fuch 
Weapon,  or  fhall  hunt  or  range  with  a  Gun  in  the  Woods,  upon  any  Pretence 
whatfoever  (except  fuch  Slave  or  Slaves  who  fhall  have  a  Certificate,  as  is  herein 
after  provided)  and  if  any  Slave  fliall  be  found  offending  herein,  it  fhall  and  may 
be  lawful  for  any  Perfon  or  Perfons  to  feize  and  take,  to  his  own  Ufe,  fuch  Gun, 
Sword,  or  other  Weapon,  and  to  apprehend  and  deliver  fuch  Slave  to  the  next  Con- 
ftable, who  is  enjoined  and  required,  without  further  Order  or  Warrant,  to  give 
fuch  Slave  Twenty  Lafhes,  on  his  or  her  bare  Back,  and  to  fend  him  or  her  home ; 
and  the  Mafter  or  Owner  of  fuch  Slave  fliall  pay  to  the  Taker  up  of  fuch  armed 
Slave,  the  fame  Reward  as  by  this  A6t  is  allowed  for  taking  up  of  Runaways.     . 

XLI.  PROVIDED  always.  That  nothing  in  this  A€t  fliall  be  conftrued  or 
extended,  to  prohibit  or  debar  any  Mafter  or  Owner  of  any  Slave  or  Slaves  within 
this  Government,  from  employing  any  one  Slave  in  each  and  every  diftin<5t  Plantati- 
on, from  hunting  in  the  Woods  on  their  Mafter's  Lands  with  a  Gun,  to  preferve 
his  or  her  Stock,  or  to  kill  Game  for  his  or  her  Family. 

XLII.  PRO- 


i 


(a)  Sections  40,  41,  and  42,  altered,  by  Ad  Me.-cIi  1753,  Chap.  ^ 


L    y^   fV  S      of      N  O  R  T  H  '  C  A  R  O  L  I  K  A.  85 


XLII.     PRO  FID  ED  alfo.  That  fuch  Mafter  or  Ow-er  fliall  firft  deliver  into    ^-  D.   1741. 
the  County  Court,  an  Account,  in  Writing,  of  the  Name  of  any  fuch  Slave  to  be    s^iXsuiT^ 
employed  as  aforefaid  ;    and  the  Chairman  of  the  Court  lliall  fign  a  Certificate  that    carry  a^cerufi- 
fuch  Slave  is  allov/ed  to  carry  a  Gun,    and   hunt  in  the  Woods  on  his  Mafter  or    '""* 
Miftrefs's  Lands  :  And  the  Mafter,  Miilrefs,  or  Overfecr,  of  fuch  Slave,  fhall  give 
him  the  faid  Certificate,  vi^hich  fuch  Slave  fliall  always  carry  about  him,  on  Pain  of 
being  apprehended  and  punilhed  as  aforefaid  :    Any  Thing  herein  before  contained, 
to  the  contrary,  notwithftanding. 

XLIII.     AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.   That  no  Slave  slaves  not  to  go 

fliall  go  from  off  the  Plantation  or  Seat  of  Land  where  fuch  Slave  fliall  be  appointed  'jf,h'!!Jt''Lirv'r" 

to  live,  without  a  Certificate  of  Leave,  in  Writing,  for  fo  doing,  from  his  or  her  (Lv,rry  suvts' 

Mafter  or  Overfeer  (Negroes  wearing  Liveries  always  excepted.)  cxcepttd) 

XIV.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Slave  sieves  not  to 
fliall  be  permitted,  on  any  Pretence  whatfoever,  to  raife  any  Horfes,  Cattle,  or  "'^^^"'^  ' 
Hogs  •,  and  all  Horfes,  Cattle,  and  Hogs,  that.  Six  Months  from  the  Date  hereof, 
fliall  belong  to  any  Slave,  or  of  any  Slave's  Mark  in  this  Government,  fliall  be 
feized  and  fold  by  the  Churchwardens  of  the  Parifli  where  fuch  Horfes,  Cattle,  or 
Hogs,  fliall  be,  and  the  Profit  thereof  be  applied,  one  Half  to  the  Ufe  of  the  faid 
Parifti,  and  the  other  Half  to  the  Informer. 

XLV,  AND  whereas  many  Times  Slaves  run  away,  and  lie  out  hid  and  lurk-  Runaway  shves 
ing  in  Swamps,  Woods,  and  other  obfcure  Places,  killing  Cattle  and  Hogs,  and  ^'J  *"=  "•^t-^^""- 
committing  other  Injuries  to  the  Inhabitants  of  this  Government :  Be  it  therefore 
Enacted,  by  the  Authority  aforefaid.  That  in  all  fuch  Cafes,  upon  Intelligence  of  any 
Slave  or  Slaves  lying  out  as  aforefaid,  any  Two  Juftices  of  the  Peace  for  the  County 
wherein  fuch  Slave  or  Slaves  is  or  are  fuppofed  to  lurk  or  do  Mifchief,  fliall,  and 
they  are  hereby  impowered  and  required,  to  iflue  Proclamation  againft  fuch  Slave 
or  Slaves  (reciting  his  or  their  Name  or  Names,  and  the  Name  or  Names  of  the 
Owner  or  Owners,  if  known)  thereby  requiring  him  or  them,  and  every  of  them, 
forthvvith  to  furrender  him  or  themfelves  ;  and  alfo,  to  impower  and  require  the 
Sheriff^  of  the  fiid  County  to  take  fuch  Power  with  him  as  he  fliall  think  fit  and  ne- 
ceflTary,  for  going  in  Search  and  Purlliit  of,  and  cfteftually  apprehending,  fuch  out- 
lying Slave  or  Slaves ;  which  Proclamation  fliall  be  publiflied  on  a  Sabbath  Day,  at 
the  Door  of  every  Church  or  Chapel,  or  for  Want  of  fuch,  at  the  Place  where  Di- 
vine Service  fliall  hz  performed  in  the  faid  County,  by  the  Parifli  Clerk  or  Reader, 
immediately  after  Divine  Service  :  And  if  any  Slave  or  Slaves  againft  whom  Procla- 
mation hath  been  thus  ifllied,  ftay  out  and  do  not  immediately  return  home,  it  fliall 
be  lawful  for  any  Perfon  or  Perfons  whatfoever,  to  kill  and  deftroy  fuch  Slave  or 
Slaves,  by  fuch  Ways  and  Means  as  he  or  flie  fliall  think  fit,  without  Accufation 
or  Impeachment  of  any  Crime  for  the  fame. 

_  XLVI,     PRO  FID  E  D  always,  and  it  is  further  EnaBed,  That  for  every  Slave  Out-iawcd  slave 

killed  in  Purfuance  of  this  Act,  or  put  to  Death  by  Law,  the  Mafter  or  Owner  of  |'^,',''.^'^'thlpub^i-t'' 

fuch  Slave  fliall  be  paid  by  the  Public  ;    and  all  Trials  of  Siaves  for  Capital  and  '''"^'  " 
other  Crimes,  fliall  be  in  the  Manner,  and  according  as  herein  after  is  direded. 

XLVII.     AND  be  it  further  Enacled,   by  the  Authority  aforefaid,    Ths.t  if  any    Conrphacy  of 
Number  of  Negroes  or  other  Slaves,  that  is  to  fay,  Three  or  more,  fliall,  at  any   Irfves"  ;'!;d7a 
Time  hereafter,    confult,    advife,    or  confpire  to  rebell,    or  make  Infurredion,    or    Feicny.'' 
fliall  plot  or  confpire  the  Murther  of  any  Perfon  or  Pcrlons  whatfoever,  every  fuch 
confuking,  plotting,  or  confpiring,  fliall  be  adjudged  and  deemed  Felony  ;  and  the 
Slave  or  Slaves  conviftcd  thereof,    in  Manner  herein  after  direded,    fliall  fuffer 
Death. 

XL VIII.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.    That  every    M2nacicftr):flj 
Slave  committing  fuch  Offence,  or  any  other  Crime  or  Mifdemeanor,  Ihall  forthwith   '''""• 

be 


86 


LAWS     of    North-Carolina. 


J.  D.  1741.  be  committed,  by  any  JufVice  of  the  Peace,  to  the  Common  Jail  of  the  County 
within  which  the  iaid  Offence  fhall  be  committed,  there  to  be  fafely  kept  -,  and  that 
the  Sheriff  of  fuch  County,  upon  fuch  Commitment,  fliall  forthwith  certify  the  fame 
to  any  Juftice  in  the  CommilTion  for  the  faid  Court  for  the  Time  being,  rtfidcnt  in 
the  County,  who  is  thereupon  required  and  direfted  to  iffue  a  ;  ummons  for  Two  or 
more  Juftices  of  the  faid  Court,  and  Four  Freeholders,  fuch  as  fliall  have  Slaves  in 
the  faid  County  •,  which  faid  Three  Jufl:ices  and  Four  Freeholders,  Ov/ners  of 
Slaves,  are  hereby  impowered  and  required,  upon  Oath,  to  try  all  Manner  of 
Crimes  and  Offences  that  fhall  be  committed  by  any  Slave  or  Slaves,  at  the  Court- 
Houfe  of  the  County,  and  to  take  for  Evidence  the  Confeflion  of  the  Offender,  the 
Oath  of  one  or  more  credible  Witneffes,  or  fuch  Teftimony  of  Negroes,  Mulattoes, 
or  Indians^  bond  or  free,  with  pregnant  Circumftances,  as  to  them  fhall  feem  con- 
vincincr,  without  the  Solemnity  of  a  Jury ;  and  the  OHender  being  then  found 
o-ui!t)%  to  pafs  fuch  Judgment  upon  fuch  Offender,  according  to  their  Difcretion, 
as  tiie  Nature  of  the  Crime  or  Offence  fliall  require;  and  on  fuch  Judgment  to 
award  Execution. 


All  Juftices  may 
fit  nn  any  Ne- 
Jrce's  Trial. 


Negroes    giving 
U\ii  Teftimony, 
^^0    have     their 
Ears  cut  off. 


Chairman  rf  the 
Court  tu  cjution 
every  Slave  giv 
jng  Teftimony. 


XLIX.  PROVIDED  ahvays,  and  he  it  Ena5fed,  That  it  fliall  and  may  be 
lawful  for  each  and  every  Juftice,  being  in  the  Commiffion  of  the  Peace  for  the 
County  where  any  Slave  or  Slaves  fliall  be  tried,  by  Virtue  of  this  A6t  (who  is 
Owner  of  Slaves)  to  fit  upon  fuch  Trial,  and  aft  as  a  Member  of  fuch  Court,  tho' 
he  or  they  be  not  fummoned  thereto :  Any  Thing  herein  before  contained  to  the 
contrary,  in  any  wife,  notwithftanding. 

L.  AND  to  the  End  fuch  Negro,  Mulatto,  or  hdian,  bond  or  free,  not  being 
Chrifliians,  as  fhall  hereafter  be  produced  as  an  Evidence  on  the  Trial  of  any  Slave 
or  Slaves,  for  capital  or  other  Crimes,  may  be  under  the  greater  Obligation  to  de- 
clare the  Truth ;  Be  it  furtber  Enn::!ed,  That  where  any  fuch  Negro,  Mulatto,  or 
Indian^  bond  or  free,  fliall,  upon  due  Proof  made,  or  pregnant  Circumfl:ances,  ap- 
pearing before  any  County  Court  within  this  Government,  be  found  to  have  given 
a  falfe  Tefl:imony,  every  fuch  Offender  fhall,  without  further  Trial,  be  ordered,  by 
the  faid  Court,  to  have  one  Ear  nailed  to  the  Pillory,  and  there  ftand  for  the  Space 
of  one  Hour,  and  the  fiiid  Ear  to  be  cut  off,  and  thereafter  the  other  Ear  nailed  in 
like  Manner,  and  cut  off,  at  the  Expiration  of  one  other  Hour  ;  and  moreover,  to 
order  every  fuch  Offender  Thirty  Nine  Laflies,  well  laid  on,  on  his  or  her  bare  Back, 
at  the  common  whipping  Pofb. 

LJ.  AND  be  it  further  EnaEled^  by  the  Authority  aforefaid^  Tliat  at  every  fuch 
Trial  of  Slaves  committing  capital  or  other  Offences,  the  firfl:  Perfon  in  Commiffion 
fitting  on  fuch  Trial,  fhall,  before  the  Examination  of  every  Negro,  Mulatto,  or 
Indian,  not  being  a  Chriltian,  charge  fuch  to  declare  the  Truth. 


mT"  "  ar^'""*        ^^^-     PROVIDED  alivays,  and  it  is  hereby  intended.  That  the  Mafl:er,  Owner, 

make'af!ncr     or  Ovcrfccr,    of  any  Slave,    to  be  arraigned  and  tried  by  Virtue  of  this  A(fl,    may 

for  him.  appear  at  the  Trial,  and  make  what  jufl:  Defence  he  can  for  fuch  Slave  or  Slaves, 

fo  that  fuch  Defence  do  not  relate  to  any  Formality  in  the  proceeding  on  the  Trial. 


Slave   convifled, 
Ciurt  to  v.ilue 
him,  and  certify 
it  to  the  AITem- 
bly,   that    they 
may  pay  for  him. 


Slavc5    killed    in 
difperfing   Ccn- 
IpiratJrs,   fcizing 
Afjiis,  taicing  up 
•Runaways,  cr 


LIII.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  when  any 
Slave  fliall  be  convided  capitally  by  Virtue  of  this  Ad,  the  Juftices  and  Freehol- 
ders that  fhall  fit  on  fuch  Trials,  fhall  put  a  Valuation,  in  Proclamation  Money, 
upon  fuch  Slave  fo  convided,  and  certify,  under  their  Hands  and  Seals,  fuch  Va- 
luation to  the  next  Affembly  •,  that  the  faid  Affembly  may  make  fuitable  Allow- 
ance thereupon,  to  the  Mafter  or  Owner  of  fuch  Slave. 

LIV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  in  the  dif- 
perfing any  unlawful  Affemblies  of  rebel  Slaves  or  Confpirators,  or  feizing  the  Arms 
and  Ammunition  of  fuch  as  are  prohibited  by  this  Ad  to  keep  the  fime,  or  in  ap- 
prehending Runaways,  or  in  Corrcdion  by  Order  of  the  County  Court,  any  Slave 

fliall 


L  A  IV  S    of    North-Carolina. 


87 


^.  D. 


1741, 


C  rreftion  Sy  the 
(.'.urt's    Order, 
to  be  paid   (i.i  by 
the  I'ublic. 


(hall  happen  to  be  killed  or  deftroyed,  the  Court  of  the  County  where  fuch  Slave 
(hall  be  killed,  upon  Application  of  the  Owner  of  fuch  Slave,  and  due  Proof  there- 
of made,  fhall  put  a  Valuation,  in  Proclamation  Money,  upon  fuch  Slave  fo  killed, 
and  certify  fuch  Valuation  to  the  next  SefTion  of  Aflembly  ;  that  the  faid  Aficmbly 
may  make  fuitable  Allowance  thereupon,  to  the  Mailer  or  Owner  of  fuch  Slave. 

LV.  P  ROV  ID  ED  always,  and  he  it  further  Ena5led,  That  nothing  herein  Other  p.rfons 
contained,  fliail  be  conftrued,  deemed  or  taken,  to  defeat  or  bar  the  Aftion  of  any  """'"^  ^ '' 
Perfon  or  Perfons,  whofe  Slave  or  Slaves  fhall  happen  to  be  killed  by  any  other 
Perfon  whofoever,  contrary  to  the  Dire6tlons  and  true  Intent  and  Meaning  of  this 
A61  •,  but  that  all  and  every  Owner  or  Owners  of  fuch  Slave  or  Slaves,  ihall  and 
may  bring  his,  her,  or  their  Aftion,  for  Recovery  of  Damages  for  fuch  Slave  or 
Slaves  fo  killed. 


Ov. 

his  Ad'twin    ! 
gaiiift  them. 


hsve 


S'avES    fet    fre?j 
and    depatting 
the  Province,  fe« 
turning  in   Tix 
Months,  to  be 
fold. 


LVI.  AND  he  it  further  Ena5fed,  hy  the  Authority  aforefaid^  That  no  Ne<yro  Sbves  not  to fce 
or  Mulatto  Slaves  fliall  be  fet  free,  upon  any  Pretence  whatfoever,  except  for  me-  tr  m'ri't<.,ioM^' 
ritorious  Services,  to  be  adjudged  and  allowed  of  by  the  County  Court,  and  Licence  Services, 
thereupon  firft  had  and  obtained  :  And  that  where  any  Slave  Ihall  be  fet  free  by 
his  or  her  Mafter  or  Owner,  otherwife  than  is  herein  before  direfted,  it  fhall  and 
may  be  lawful  for  the  Churchwardens  of  the  Parifh  wherein  fuch  Negro,  Mulat- 
to or  Indian,  fhall  be  found,  at  the  Expiration  of  Six  Months,  next  after  his  or 
her  being  fet  free,  and  they  are  hereby  authorized  and  required,  to  take  up  and 
fell  the  faid  Negro,  Mulatto  or  Indian,  as  a  Slave,  at  the  next  Court  to  be  held 
for  the  faid  County,  at  Public  Vendue  ;  and  the  Monies  arifing  by  fuch  Sale,  fhall 
be  applied  to  the  Ufe  of  the  Parifh,  by  the  Veftry  thereof :  And  if  any  Negro, 
Mulatto,  or  Indian  Slave,  fet  free  or  otherwile  than  is  herein  directed,  fhall  depart 
this  Province  within  Six  Months  next  after  his  or  her  Freedom,  and  fhall  af- 
terwards return  into  this  Government,  it  fhall  and  may  be  lavvful  for  the  Church- 
wardens of  the  Parifh  where  fuch  Negro  or  Mulatto  fhall  be  found,  at  the  Expira- 
tion of  one  Month,  next  after  his  or  her  Return  into  this  Government,  to  take  up 
fuch  Negro  or  Mulatto,  and  fell  him  or  them  as  Slaves,  at  the  next  Court  to  be 
held  for  the  County,  at  public  Vendue  ;  and  the  Monies  arifing  thereby,  to  be 
applied,  by  the  Veffry,  to  the  Ufe  of  the  Parifh,  as  aforefaid. 

LVII.  AND  he  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  until  this  ThisAa  to  bs 
A61  fhall  be  printed,  it  fliall  be  pubiickly  read.  Yearly,  and  every  Year,  Two  fe-  t^^^^J^ y"//, 
veral  Times  in  the  Year,  in  every  County  within  this  Government,  by  the  Clerk 
of  each  County,  in  open  Court  -,  that  is  to  fay.  At  the  Courts  in  or  next  to  the 
Months  of  Aprtl  and  September  ;  under  the  Penalty  of  Twenty  Shillings,  Proclama- 
tion Money,  for  every  fuch  OmifTion  and  Negleft  ;  to  be  levied  by  a  Warrant  from 
any  Juflice  of  the  Peace,  and  applied  to  the  Ufe  of  the  Parifli  where  the  Offence 
(hall  be  committed  :  And  the  Churchwardens  of  every  Parifh  are  hereby  required 
to  provide  a  Copy  of  this  Act,  at  the  Charge  of  the  Parifh. 

LVIII.     A  ND  he  it  further  EnaFfed,  hy  the  Authority  aforefaid.  That  all   and    RepeaiingCiaufe. 
every  other  Ad  and  Afts,  and  every  Claufe  and  Article  thereof  heretofore  made, 
fo  far  as  relate  to  Servants  and  Slaves,  or  to   any  other  Matter  or  Thing  whatfo- 
ever, within  the  Purview  of  tiiis  Act,  is,  and  are  hereby  repealed  and  made  void, 
to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been  made. 


SIGNED     by 


Gabriel  Johnston,  Efq;  Governor. 

William  Smith,  Prefident. 

John  Hodgson,  Speaker. 


ANNO 


L  A  JV  S    of    North-Carolina. 


ji.  D.  1741. 


ANNOREGNI 

G    E    O    R    G    I    I      II. 

REGIS 

MAGN^  BRITANNIA,  FRANCIvE,  &  HIBERNI^, 
D  E  C  I  M  O     Q^U  I  N  T  O. 


GABRIEL         At  a  General  ASSEMBLY,    held    at    Wilmingto?!,    in  the  Year  of 

JOHNSTON, 

our  Lord  One  Thoufand  Seven  Hundred  and   Forty  One. 


Jifqj  Gjveini-r, 


C  H  A  P.      L 

Tiiu  Afl  repeal.    An  AB  for  ere£fmg  the  upper  Part  of  Bertie  County  into  a  County,    hy  the  Name  of 
Bj'und/cf  the  Northampton  County  %  and  for  regulating  the  Limits  between  Society  Parifh  and  the 

*^"""'y  '"d  Pi-      North  TFeJi  Parifh  <?/ Bertie,  and  for  removing  the  Seat  ^Bertie  County  Court. 

tlidied,   by  A(3. 

pafTedSept  1756,'   II.  T  T  7"  E  W^Y  ^^at  it  may  be  Enadled,  And  be  it  Enabled,  by  his  Excellency  Ga- 
'^'  ^'  VV     t>riel  Johnfton,  Efq;  Governor j  by  and  with  the  Adiice  and  Confent  of  his 

Majeftfs  Council,  and  General  /ifjembly  of  this  Proviyice,  and  it  is  hereby  Enabled,  by  the 
Authority  of  the  fame.  That  that  Part  oi  Bertie  County  which  lieth  North  and  Weft 
of  Sandy  Run,  and  in  a  dired  Line  from  the  Head  ol'  the  faid  Run,  to  the  Head  of 
the  Beaver-Bam  Swamp,  and  down  the  faid  Swamp  and  Meherrin  Creek  and  River, 
be,  and  is  hereby  ered:ed  into  a  County,  by  the  Name  of  Northampton  County ; 
and  that  the  faid  Bounds  fliall,  henceforward,  be  the  Limits  between  Society  Parifh 
and  the  Northweft  Parifh  of  Bertie. 

CHAP.     II. 

A^ru ''o''''/'^'    '^^  ^^  ^°  eftablifh  Ports,  or  Places  of  Delivery  of  Merchandizes  imported  in  and  exported 
Chap.  4.'     "^ '        out  of  this  Province;   and  to  prevent  the  clandefline  running  of  uncifionied  and  prohi- 
bited Goods  in  the  fever  al  Ports  thereof. 

S  I  G  N  E  D     by 

Gabriel  Johnston,    Efq;    Governor. 
Nathaniel  Rice,    Prcfldent. 
John  Hodgfon,    Speaker. 

^^    '   ■  ANNO 


LAWS    of    North-Carolina. 


89 


J.  D.   .743. 


%#  %#  %#  %#  %#  %#r-^%#   %#  %#  %#  %#  %# 
#%  #f  #%  #%  '?'%  ^%^J«^#%   #%  #%  #%  #%  ^% 


ANNO       REGNI 


G    E   O   R   G   I   I    11. 

REGIS, 

MAGN^     BRITANNIA,     FRANCI^E,     &     HIBERNI^, 

D  E  C  I  M  O     S  E  P  T  I  M  O. 


At  a  General   ASSEMBLY,    held  at  Edenton^    the   Second  Day  of  Gabriel 

JOH  NSTON, 

ApriL  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and    ^^^'^   ^over- 

•'        '  nor. 

Forty  Three. 


CHAP.     L 

An  Atl  to  regulate  EleSfions  for  Members  to  ferve  in  General  Affemhly  for  the  feveral 
Counties^  to  declare  who  Jloall  be  qualified  to  vote  in  the  faid  Eleilions,  or  be  clecled  a 
Member  of  the  General  Affembly  for  any  of  the  faid  Counties,  and  to  direSl  the  Method 
to  be  obferved  in  taking  the  Poll  at  the  feveral  EleHions  in  the  Counties  and  'Towns  in  this 
Province.     REP. 

CHAP.  2.  An  A'^  for  obtaining  an  exa5i  Lifl  of  Taxables,  and  for  the  effetlual  col- 
lecting as  well  all  Arrears  of  Taxes,  as  all  other  Taxes,  for  the  future 
due  and  payable.     REP. 

3.  An  Act  to  irnpower  the  Juflices  of  Beaufort  County  to  build  two  fubflan- 

tial  Warehoufes,  at  the  Places  hereafter  mentioned,  in  the  faid  County, 
for  the  Ufe  and  Convenicncy  of  the  Inhabitants  paying  their  Taxes  and 
Levies.     O  B  S. 

4.  An  Act  to  afcertain  what  Attornies  Fees  fJjall  be  taxed  and  allowed,  in    ^T'n'^  ^^'''  ''' 

any  Suit  or  Action,    brought  in  any  of  the  Courts  of  P^ecord  in  this    chsp  5. 
Province. 

V  5.     An  Act  for  providing  proper  Magazines  of  Ammunition  in  the  feveral 
Counties  of  this  Province,  and  for  defraying  the  Charge  thereof.    OBS. 

6.     An  At  for  making  and  clearing  a  Highivay  from  Eden  ton  into  the  Provided  for  i>y 

Road  leading  over  Mr.  HoflcinV  Mill  Dam,  towards    Perquimons  p'!^ed''j°an'!  i^t,' 

Courl-Houfe,  and  for  erecting  Bridges  in  fuch  Road,  and  alfo  another  *-'^'^P'  3- 
Gate  at  Edcnton. 


M 


C  H  A  P. 


90 


LAWS      of     N  O  R  T  li  -  G  A  R  O  L  I  N  A. 


A.  D.  17+3.  CHAP.     VII. 

An  Act,  for  erecting  a  Court-Houfe,.  Prifon  afid  Stocks,-  in  Bertie  County,  and  for  laying 
a  'Tax  upon  the  Inhabitants  of  the  faid  Comity  for  defraying  the  Charge  thereof. 


Preamble, 


I.-  '<["T|  7HEREAS  great  Difpufcs  Rave-arifen  in  tke  County  of  Bertie,  concerning 
y  Y  the  Place  whereon  the  Court-houfe,  Prifon  and  Stocks,  fhould  be  ere  fl- 
ed in  the  faid  County  ;  by  Reafon  whereof,  they  have  not  hitherta  been  built : 
Therefore,  to  afcertain  the  Place  whereon  the  fame  ihall  be  built,  and  to  prevent 
Delays  for  the  future  y 

Cciift-hpdrtf.&c.  j,j^  -yy  £  pay  ^^2X  it  may  be-  Enafted,  And  he  it  Enacted,  hy  his  Excellency  Ga- 
bu'-!ic.  "  biel  Joimfton,  Efq;  Gcvertwr,  hy  and  -with  the  Advice  and  Ccnfent  of  his  Majefifi 
Cottncil,  and  General  Affemhly  of  this  Province,  and  it  is  hereby  finacted,  ly  the  Autho- 
rity of  the  fame.  That  the  Court -Hcufe,  Prifon  and  Stocks,  of  Bertie  County,  fhall 
be  built  between  Cuf}:)y  Bridge  and  ^Vills's  ^tarter  Bridge,  in  the  faid  County,  and 
that  all  Courts  fliall  be  there  held  for  the  faid  County,  after  the  fame  fhall  be  built ; 
any  Lawy  Cufioni,  Ufage,  or  Order  of  Court^  to  the  contrary,  notwithilanding. 

Iha^fe'Land  to"''  ^^^-  ^^^  ^^  it  furthcr  Enactcd,  hy  the  Authority  aforefaid.  That  tlie  Juftices 
bu^id  ihc  Court-  of  the  faid  County,  or  a  Majority  of  them,  are  hereby  impovv-ered  and  required, 
Houfe,  &c,  on.  ^j.  j|^g  ^^^^  Court  that  lliall  be  held  for  the  faid  County,  after  the  paffing  of  this- 
A6t,  to  purchafe,  of  the  Owner,  One  Acre  of  Land,  in  Fee  Simple,  betv/een  the 
faid  Bridges,  for  the  Ufe  of  the  Public,  whereon  to  build  the  laid  CouTt-PIoufe,i 
Prifon  and  Stocks  -,  and  fhall  alfo  contraft  with,  or  impower  other  Perfons  as  they 
fhall  think  proper,  to  contract  with  and  employ  "V/orkmen,  for  building  and  erect- 
ing the  fame  thereon. 

Tax  laid  for  the  jv^  AND  for  defraying  the  Expences  thereof.  Be  it  further  Enacted,  by  the 
Authority  aforefaid.  That  the  faid  Juftkes,  or  a  Majority  of  them,  are  hereby  im- 
powered  and  required,  to  lay  a  Tax  on  the  Inhabitants  of  the  faid  County,  not  ex- 
ceeding Two  Shillings  and  Six  Pence,  Proclamation  Money,  for  One  Year,  per 
Tithable,  for  the  Purpofes  aforefaid. 

sher-.ff  to  coiiea  y,  A  N  D  be  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  the  Sheriff  of 
thejufik/s.'  "  the  faid  County  of  Bertie,  fhall,  and  he  is  hereby  required,  to  colledt  the  aforefaid 
Tax,  at  the  Time,  and  in  the  Manner  that  the  Public  Taxes  are  by  Law  to  be  col- 
lefted,  and  pay  the  fame  to  the  Juftices  of  the  faid  Court,  to  be  by  them  applied 
to  paying  the  Workmen  for  building  the  faid  Court-Houfe,  Prifon  and  Stocks  •, 
and  alfo  to  pay  the  Confideratioii  Money  for  the  One  Acre  of  Land,  herein  before 
direded  to  be  by  them,  the  laid  Juftices,  purchafed. 

F.^rmcr  Con-  VL     AN B  he  it  further  EnaHed,  hy  the  Authority  aforefaid.   That  all  and  every 

c.ur't '^ufe!       Contract:  or  Contrails  heretofore  made,  by  Virtue  of  any  Order  of  the  Juftices  of 

&r.  annuiitd,      thc  Coutt  oi  Bertie,  concerning  the  ereiting  a  Court-Houfe,  Prifon  and  Stocks,  at 

or  near  Stony-Creek,  is,  and  are  hereby  annulled  and  made  void ;  and  all  Perfons 

concerned  therein,    fliall,    and   are  hereby  difcharged  from  performing  the  fame, 

or  any  Part  thereof. 

JJdlo  bcv°""'  ^^^-  P  ROV  ID  ED  nevcrthelefs.  That  if  any  Perfon,  by  Virtue  of  any  Agree- 
and'paid  for^  '  ment  with  the  faid  Juftices  heretofore  made,  hath  collefted  any  Materials,  or  done 
any  Work  towards  the  building  of  a  Court-Houfe,  Prifon  and  Stocks,  at  or  near 
Stony-Creek,  the  faid  Materials  or  Work  fo  done,  fhall  be  valued  by  Two  Free- 
holders of  the  faid  County,  one  to  be  chofen  by  the  faid  Juftices,  and  the  other  by 
the  Party  colkding  fuch  Materials,  or  doing  fuch  Work  ;  and  the  Money  fuch 
Materials  or  Work  ftiall  be  valued  at,  fhall  be  paid,  out  of  the  Tax  to  be  raifed 
by  Virtue  of  this  Aft. 

VIII.  AND 


L  A  JV  S     of    North-Carolina. 


91 


VIII.     AND  be  it  further  EnaHed,  by  the  Authority  aforefaid^  That  in  Cafe  any    ^-  D.    1743. 
Money  has  been  collected  by  the  Sheriff  of  the  faid  County,  from  any  Perfon  or    ,*; ''C^ 

J  J  ^        J  '  J  Money  slreadv 

Perfons,  in  Confequence  of  any  Order  of  Court  heretotore  made,  the  fame  fliall    coiicaej  to  be 
be  paid,  by  the  Sheriff  who  collected  the  fame,  to  the  Juftices  of  Bertie  County    l^^tlhlllnonl' 
aforefaid,  for  and  towards  defraying  the  Expence  of  building  the  faid  Court-Houfe,    to  have  crtdu 
Prifon  and  Stocks  ;  and  any  Perfon  or  Perlbns  who  has   already  paid  any  Money    ^""^  '^' 
to  the  Sheriff,  in  Confequence  of  any  Order  of  Court,  made  as  aforefaid,  fhall 
be  allowed  the  fame,  in  Difcount  of  any  Tax  he  fhall  be  liable  to  by  Virtue  of  this 
-Act ;  any  Thing  herein  contained  to  the  contrary,  notwithftanding. 

S  I  G  N  E  D     by 

Gabriel  Johnston,  Efq-,  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


Ma     .  ANNO 


92  L  A  fV  S    of    North-Carolina. 

ji.  D.  1745^ 


K  M  M   ^  ^^    F~^    ^^  «   &^  ^^   ^^  ^^ 
^^   »   ^^   ^^   ^^    kj«(    ^^  ft  ^^  f ^  ^f  if 


ANNO     REGNI 

G    E    O    R    G    I    I       11. 

REGIS, 

MAGNtE    BRITANNI.E,    FRANCIS,    &     HIBERNI^, 
DECIMO     NONO. 


Gabriel       At  a  General  ASSEMBLY,  held  at  Newbern,  the  Twentieth  Day  of 

Johnston,  "^ 

nor.'      ^''^^'       Aprtl^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Five. 


Repealed  by  Aft,  C    H    A    P.        I. 

April    6,    1748, 

^^' '°'  An  A^  for  laying  a  1" ax  for  finking  the  novo  current  Bills  of  Credit. 

CHAP.     II. 

An  additional  AB  to  an  Ad^  intituled.  An  A61  for  appointing  Sheriffs  in  the  Room 
of  Marlhals  of  this  Province,  lor  prefcribing  the  Method  of  appointing  them, 
and  limiting  the  Time  of  their  Continuance  in  Office,  and  direfting  their  Duty 
therein  ;  and  for  abolifliing  the  Office  of  Provoft  Marihal  of  this  Province,  and 
for  altering  the  Names  of  the  Precindts  into  Counties.     REP. 

CHAP.     III. 

An  additional  Act  to  an  Acl^  intituled.  An  A6t  to  prevent  killing  Deer  at  un'eafona- 
ble  Times,  and  lor  putting  a  Stop  to  many  Abufes  committed  by  white  Perfons, 
under  Pretence  of  hunting. 

Preamble,  I.  TT  7  HERE  AS  by  the  before  recited  Aft  it  is,  among  other  Things,  Ena6l- 

V V  ^^'  That  it  ffiall  not  be  lawful  for  any  Perfon  to  kill  or  deftroy  any  Deer, 
running  wild  in  the  Woods,  or  unfenced  Grounds,  in  this  Government,  by  Guns, 
or  any  other  Ways  or  Means  whatfoever,  between  the  Fifteenth  Day  of  February, 
and  the  Fifteenth  Day  of  July,  yearly,  and  in  each  Year,  after  the  Ratification  of 
the  faid  Acl  •,  and  that  any  Perfon  convicted  of  the  fame,  fliall  forfeit  and  pay  the 
Sum  of  Five  Pounds,  current  Money :  And  whereas  it  appears  that  the  allowing 
Liberty  of  killing  Deer  in  fenced  Grounds  and  Inclofures  at  fuch  Sealbns,  has  given 
Room  to  feveral  Perfons  to  evade  the  faid  Law : 

II.  WE 


Z/yi^/^^c/'    North-Carolina.  93 

II.  We  therefore  pray  that  it  may  be  Enaftcd,  And  he  it  Enacted^  hy  his  Excellency  -i-  D.  1745. 
Gabriel  Johnllon,  Ejq\  Governor^  by  and  'with  the  Advice  and  Confent  of  his  Majejifs  p^'J^^iTTT^^ 
Council.,  -and  General  AjfemMy  of  this  Province.,  and  it  is  hereby  Enacted.,  by  the  Authority  f.t^s  killing  u^-er 
of  the  fam.  That  if  any  Pcrlon  fhall  be  convifted  cf  kilhng  Deer,  or  having  Veni-  ^'"j"'>  '"  ""'' 
fon,  or  a  green  Deer  Skin  or  Skins,  in  his  Houfe,  Camp,  or  Folleffion,  between 

the  Fift^erith  Day  of  February  and  Fifteenth  Day  of  J/c/y,  yearly,  after  the  Ratifica- 
tion of  this  Aft,  he  fhall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation 
Money ;  to  be  recovered  and  applied  as  herein  after  is  diredcd. 

III.  PROVID  ED  neverthekfs^    That  nothing  in  this  Aft  fhall  be  conftrued    Provifo. 
to  extend  to  convift  any  Perfon  or  Perfons  of  the  laid  Forfeiture,  in  whofe  Houfe 

any  Venifon,  green  Skin  or  Skins,  fhall  be  found,  wiiich  hath  been  left  in  Inch 
Houfe  without  the  Knowledge,  Privity  or  Confent,  of  fuch  Perfon,  or  any  of  his 
Family,  upon  due  Proof  thereof  to  be  made,  by  the  Perfon  therewith  charged. 

IV.  AND  forafmuch  as  there  are  great  Numbers  of  idle  and  diforderly  Per-  This  chnfe  ai- 
fons,  who  have  no  fettled  Flabitation,  nor  vifible  Method  of  fupporting  themfelves,  ^'^  %b%^' 
by  Induftry  or  honed  Calling,  many  of  whom  come  in  from  neighbouring  Colonies,  chap.  13.' 
without  proper  PafTes,  and  kill  Deer  at  all  Seafons  of  the  Year,  and  often  leave  the 

CarcafTes  in  the  Woods,  and  ulfo  fleal  and  deflroy  Cattle,  and  carry  away  Florfes, 
and  commit  other  E'.normities,  to  the  great  Prejudice  of  the  Inhabitants  of  this  Pro- 
vince; Beit  therefore  Enacted^  hy  the  Authority  afcrefaid.  That  every  Perfon  who  fhall    Perrons  mt  pnf. 
hunt  and  kill  Deer  in  the  King's  Wafte  within  this  Province,    arid  who  is  not  pof-    H!i,i'tr.l'/,"no'! 
felTrd  of  a  fettled  Habitation  in  the  fame,  fhall  be  obliged  to  produce  a  Certificate,    aiiovej  t<.  bunr, 
when  required,  of  his  having  planted  and  tended  Five  Thoufand  Corn  Hills,  at  Five    h^'J  l"ccrrficTie 
Feet  Diilance  each  Hill,    the  preceding  Year  or  Seafon,    in  the  County  where  he    <''' his  having 
fhall  hunt,  under  the  Hands  of  at  leaft  Two  Juftices  of  the  Peace  of  the  laid  County,    coin  h°°s° 
and  the  Hand  of  at  leaft  One  of  the  Churchwardens  of  the  Parifh  where  fuch  Perfon 
planted  and  tended  fuch  Corn,  as  aforefaid. 

V.  A'ND  be  it  further  Enacted.,  That  if  any  fuch  Perfon  as  aforefaid  is  found  Such  Perfon 
hunting,  and  does  not  produce  fuch  Certificate  as  aforefaid,  wiien  required,  he  fhall  and"m!t""'rc"/uc. 
forfeit  his  Gun,  and  Five  Pounds,  Proclamation  Money,  for  every  fuch  Offence ;  '"g  fuch  certifi- 
to  be  recovered  and  applied  as  herein  after  is  direfted.  h'sGun°and'o! 

VI.  AND  whereas  many  idle  Perfons,  who  fpend  their  chief  Time  in  hunting  Penon?  not  to 
Deer,  leave  the  CarcafTes  in  the  Woods,  by  which  Means  Wolves,  Bears,  and  other  [he''\vood5'\" 
Vermin,  are  raifed  and  f lipported,  which  deftroy  the  Stocks  of  the  Inhabitants  of  Penalty  of  Jc  s. 
this  Province  \  Be  it  therefore  further  Enacted^  hy  the  Authority  aforefaid.,  That  every 

Perfon  who  hunts  Deer,  and  leaves  the  Carcafs  or  CarcafTes  in  the  Woods,  unde- 
flroyed,  fhall,  for  every  Offence,  forfeit  and  pay  Forty  Shillings,  Proclamation 
Money. 

VII.  AND  be  it  further  Enacted.,  hy  the  Authority  aforefaid.  That  all  Fines  Fines  hnw  to  be 
and  Forfeitures  mentioned  in  this  Aft,  fhall  be  paid,  the  One  Half  to  the  Informer,  ■"-"^'^ -'' •'p- 
the  other  Half  to  the  Churchwardens,  to  the  Ufe  of  the  Parifli  where  fuch  Offence 

fhall  be  committed  ;  to  be  recovered  with  Cofls,  by  a  Warrant  from  any  JufVice  of 

the  Peace  within  this  Government;  faving  to  all  free  Perfons  the  Right  of  Appeal    Rj^ht  of  Appeal. 

to  the  County  Court  where  fuch  Offence  is  committed  :  Which  faid  Court  is  hereby 

impowered  and  direfted,  in  afummary  Way,  finally  to  determine  the  fame ;  wherein 

no  EfToin,  Proteftion,  or  Wager  of  Law^  Ihall  be  allowed  or  admitted  ri". 


CHAP. 


94 


L  ^  IV  S    of    North-Carolina. 


Preamble, 


^.  D.  1745.  CHAP.     IV. 

An  Act  to  repeal  an  Act  pajfed  at  Wilmington,  in  the  Tear  of  our  Lord  One  Thotfand 
Seven  Hundred  and  Forty  One,  intituled^  An  Aft  to  eftablifli  Ports,  or  Places  of 
Delivery  of  Merchandizes,  imported  in,  and  exported  out  of  this  Province,  and 
to  prevent  the  clandeftine  running  of  uncuftomed  Goods  in  the  feveral  Ports 
thereof. 

I.  T  T  7  PI  E  R  E  A  S  it  is  found  very  inconvenient  and  injurious  to  Traders  and 
y  Y  VelTels  arriving  at  tlie  feveral  Ports  and  Places  in  the  faid  A (51  mentioned, 
and  there  being  obliged  to  unlade  and  continue,  v/hereby  great  Damages,  Lofles, 
and  Delays,  have  accrued,  and  much  of  the  Trade  of  this  Province,  which  hereto- 
fore ufed  to  be  carried  on  by  Water,  has  of  late  been  diverted,  and  carried  on  by 
Land  to  Virginia  :   For  Remedy  whereof, 

Aa  repealed,  jj_     ^  £  pi-^y  that  it  may  be  Ena6ted,    And  be  it  Enabled,    hy  his  Excellency 

Gabriel  Johnfton,  Efq;  Governor,  hy  ajid  with  the  Advice  and  Ccnfent  of  his  Majejly's 
Council  and  General  Affemhly  of  this  Province,  and  it  is  hereby  Enabled  hy  the  Authority 
of  the  fame.  That  the  faid  A61  be  and  is  hereby  repealed,  to  all  Intents  and  Pur- 
pofes,  as  if  the  fame  had  never  been  made. 

Not  to  extend  to        III.     PROVID  ED  nevcrthekfs.  That  nothing  in  this  Aft  lliall  be  deemed  of 
corom^cnced'-'^"''^    taken  to  extend  to  any  Lawfuit  already  commenced  and  depending,  upon  the  Breach 
of  the  faid  Law. 


CHAP.     V. 

An  Act  for  impowering  the  feveral  Commijfioners  herein  after  named  to  make,  mend,  and 
repair,  all  Roads,  Bridges,  Cuts,  and  Water  Courfes,  already  laid  out,  or  hereafter  to 
be  laid  out,  in  the  feveral  Counties  and  Biftricts  herein  after  appointed,  in  fuch  Manner 
as  they  judge  mofi  ufefid  to  the  Public.     R  E  P* 


Preamble. 


Commiffianers 
appointed  to 
ered  the  Fort. 


CHAP.     VI. 

An  Act  for  erecting  a  Fortification  on  the  lower  Part  of  Cape  Fear  River,  for  applying 
thereto  the  Powder  Money  already  arifen,  or  which  fijall  arife,  hy  Shipping  coming  into 
the  Port  of  Brunfwick. 

H;  E  R  E  A  S  from  the  prefent  War  with  France  and  Spain,  there  is  great 
Reafon  to  fear  that  iuch  Parts  of  this  Province  which  are  fituated  moil 
commodious  for  Shipping  to  enter,  may  be  invaded  by  the  Enem-y ;  and  whereas 
the  Entrance  of  Cape  Fear  River,  from  its  known  Depth  of  Water,  and  other  Con- 
veniences for  Navigation,  may  tempt  them  to  fuch  an  Enterprize,  while  it  remains 
in  fo  naked  and  defencelefs  a  Condition  as'  it  now  is :  Therefore,  for  the  better 
fecuring  of  the  Inhabitants  of  the  faid  River  from  any  Infult  and  Invafion, 

II.  W  E  pray  that  it  may  be  Enafted,  And  he  it  Enacted,  hy  his  Excellency  Ga- 
briel Johnfton,  Efq;  Governor,  hy  and  with  the  Advice  and  Confcnt  of  his  Majefiys 
Council,  and  General  Affemhly  of  this  Province,  and  it  is  hereby  Enacted,  hy  the  Au- 
thority of  the  fame,  Thut  his 'Excellency  Gabriel  Jchnfion,  Efq-,  Governor,  the  Hon. 
Nathaniel  Rice,  Robert  Halt  on,  Eleazer  Allen,  Matthezv  Rowan,  Edward  Mofeley, 
Roger  Moore,  William  Forbes,  Efqrs.  and  Colonel  James  Innes,  William  Faris,  Efq; 
Major  John  Swann,  and  George  Moore,  Efq-,  be,  and  are  hereby  appointed  Commil- 
fioners  •,  who,  or  the  Majority  of  them,  Ihail  have  full  Power  and  Authority  to  ercft 
and  build  a  Fort  or  Battery,  in  fuch  Place  on  the  lower  Parts  of  Ca^'e  Fear  River, 
as  to  the  Majority  of  them  fliall  feem  moft  convenient,  for  the  Defence  of  the  faid 
River :  Which  Fort  or  Battery  fhall  be  called  Johnfon\  Fort,  and  fliall  be  large 
enough  to  contain,  at  leaft,  Twenty  Four  Cannon,  v/ith  Barracks,  and  other  Con- 
veniences, for  Soldiers.  III.  AND 


L    A   J'V  S       of      N  O  li  T  II  -  C  A  R  O  L  I  N  A. 


^5- 

Powder  Money 
to  be  applied  J'or 
building  ic. 


III.  AND  for  defraying  the  Charges  of  buildiryg  fueh  Foft  or  Eatter)%  Be  it  ^-  ^-  i 
Enacted,  hy  the  Authority  ajorefaid,  Tliat  the  Powder  Money  ah'eady  paid  to  the 
Naval  Oiticcr  of  Pore  Brunjhv^ck,  or  to  the  CommiiTioneFs  of  Navigation  of  the  faid 
Port,  fince  the  Sixth  Day  of  March,  One  Thoiifand  Seven  Hundrtd  and  Thirty 
Eight,  by  Virtue  of  an  Act  of  Alfembly,  intituled,  An  Act  for  facilitating  the  Na- 
'vi^'ction  of  the  fever al  Ports  of  this  Province,  and  for  buoying  and  beaconing  the  Channels 
leading  from  Ocacock  Inlet  to  Edenton,  Bath  "Town,  and  Newbern,  and  from  Topfail 
Inlet  to  Beaufort  Toivn,  and  other  Ports  and  Inlets  within  the  faid  Province  herein  rr.en- 
tioned,  and  for  providing  fufficient  Pilots,  for  the  fafe  ConduB  of  Veffels ;  and  all  Povv^dcr 
Money  which  fnall  hereafter  arife  by  Vefiels  coming  into  the  faid  Port  of  Brimfzvich, 
HiaII  be  applied,  by  the  Commiflioners  aforefaid,  or  the  Majority  of  them  (after 
deducing  a  Sum  fufficient  for  finifhing  the  porting  and  flaking  out  the  Channel 
between  Brunfivick  and  Wilmington,  not  exceeding  the  Sum  of  Fifteen  Pounds,  Pro- 
clamation Money)  to  the  Charge  of  building  and  erefting  the  faid  Fortification  as 
aforef\id,  and  to  no  other  Purpofe  or  Ufe  whatfoever;  any  Thing  in  the  laid  A6t, 
to  the  contrary,  notv/ithftanding. 


IV.     AND  be  it  further  Enacted,    by  the  /Authority  aforefaid.  That  the  feveral   NjvjI  officer  to 
Naval  OfBcers  of  the  Port  of  Brunfivick,   or  other  Perfons,   who  have  any  of  the   "cZZZLT 
Powder  Money,  of  or  belonging  to  the  (aid  Port,  in  their  Hands ;    and  the  Naval   f^r  aii  I'owder 
Officer  who  lli-iU  hereafter  receive  any  Powder  Money  of  or  for  that  Port,    fhall,   '^'""^y* 
when  called  upon  by  the  aforefaid  Commiffioners,  or  the  major  Part  of  them,  appear 
before  them,    and  fettle  their  Account,  upon  Oath,  and  pay  to  the  faid  CommifTi- 
oners,  or  the  Majority  of  them,  or  their  Order,  all  fuch  Sum  and  Sums  of  Money 
already  received,  or  which  fhall  hereafter  be  received  by  him  or  them  ;  and  a  Receipt- 
under  the  Hands  of  the  faid  Commiffioners,  or  their  Ofder,  fhall  be  a  fufficient 
Difcharge  to  the  faid  Officer,  for  fuch  Sum  or  Sums  of  Money  fo  paid. 


Njva!Offifcr,&cJ 

n?glcft.ng  to  pay 
fuch  Money,    W 


V.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  fuch 
Perfon  or  Perfons,  who  have  already  received  any  Powder  Money  as  afore  mention- 
ed, or  who  hath  any  fuch  Money  in  his  Hands,  or  who  hereafter  fhall  receive  any  foifeit4oi 
fuch  Money,  ffiall,  upon  due  Notice  given,  refufe  to  appear  to  account,  upon 
Oath,  and  pay  the  Money  due  from  him  or  them,  he  or  they  fo  refufing  or  neg- 
lefting,  ffiall  forfeit  the  Sum  of  Forty  Pounds,  Proclamation  Money  ■,  to  be  reco- 
vered by  the  Commiffioners,  or  the  Majority  of  them,  by  Aftion  of  Debt,  Bill, 
Plaint,  or  Information,  in  the  General  Court  of  this  Province,  wherein  no  Proteftion, 
Injundion,  or  Wager  of  Law,  ffiall  be  allowed  or  admitted  of,  and  applied  towards 
building  the  faid  Fort ;  and  ffiall  be  alfo  liable  to  an  Adion  for  all  ilich  Sums  of 
Money  as  are  in  his  or  their  Hands,  at  the  Suit  of  the  Commiffioners  aforefaid,  or 
the  major  Part  of  them. 


VI.  A  ND  be  it  further  EnaBed,  hy  the  Authority  aforefaid.  That  if  any  one  or 
more  of  the  Commiffioners  before  mentioned,  ffiall  die,  or  remove  out  of  this  Pro- 
vince, or  refufe  to  aft,  that  in  fuch  Cafe  it  ffiall  and  may  be  lawful  for  the  Majority 
of  the  remaining  Commiffioners,  to  recommend  double  the  Number  of  the  Perfon 
or  Perfons  fo  dying,  leaving  the  Province,  or  refufing  to  aft,  to  his  Excellency  the 
Governor  or  Commander  in  Chief  for  the  Time  bemg,  out  of  which  he  is  hereby 
impowered  to  appoint  one  or  more  Commiffioners,  to  aft  in  the  Room  of  fuch  fo 
dying,  leaving  the  Province,  or  refufing  to  aft,  as  aforefaid :  And  fucii  Commiffi- 
oner  or  Commiffioners  fo  appointed,  ffiall  have  the  fame  Power  and  Authority  as 
any  other  Commiffioner  or  Commiflioners  have,  or  ought  to  have,  by  Virtue  of 
this  Act. 


Numberof  Corti- 
milfioners  to  be 
kept  up. 


VII,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com*- 
miffioners  herein  before  nominated  and  appointed,  are  hereby  compelled  to  lay  their 
Accounts  before  the  Governor,  Council,  and  General  Aflembly  of  this  Province, 
for  all  fuch  Sum  or  Sums  of  Money  as  they  ffiall,  from  Time  to  Time,  receive  by 
Virtue  of  this  Act, 

VIIT.    AND 


Comminiiners  to 
lay  their  Ac- 
counts before  the 
Governor,  &c. 


gb 


L  A  IV  S    of    North-Carolina. 


A.  D.    1745- 

Commitrioners 
jnay  ule  adjacent 
Timber. 


VIII.  A  N D  be  it  further  Enacted^  by  the  Anthcrity  afcrefaid.  That  it  fhall  and 
may  be  lawful  for  any  Perfon  or  Perfons,  by  the  Direction  of  the  Commiflioners 
aforefaid,  or  the  major  Part  of  them,  to  cut  down  and  make  Ule  of  any  Timber 
Tree  or  Trees,  Handing  or  growing  upon  any  of  the  moft  convenient  Lands  to  the 
faid  Fort,  to  be  ufed  in  building  and  e reding  the  fame. 


CHAP.     VII. 


This  Aa  had  its    J^fi  /i^  fo  appoint  CommiJJioners  in  the  Place  and  Stead  of  thofe  deceafed,  to  complete  and 
^ '"  finifJj  the  Church  in  Newbern,  and  for  adding  the  prcjent  Churchwardens  and  P^efiryir.en 

to  the  faid  Commijfioners ;  and  for  impcweriug  the  faid  Coramijfwners^  ChurchwardenSy 
and  Veflrymen^  to  call  the  former  Commijfwners  to  Account^  for  all  the  Monies  by  them 
received  for  the  Ufe  of  the  faid  Churchy  and  to  appropriate  it  to  the  Purpofe  afcrefaidy 
and,  in  Cafe  of  Infufficiency,  to  lay  a  levy  to  accomplifJj  the  fame. 


I*reamble, 


Mattamufkeet 
deemed    I'art    of 
Hyde  GuUDiy. 


CHAP.     VIII. 

An  A5f  to  add  that  Part  of  the  Province  caled  Mattamufkeet,  and  Lake,  to  Hyde 

County. 

I.  T  T  7  H  E  R  E  A  S  the  Inhabitants  of  Mattamufkeet,  and  the  Lake,  for  thefe 
Y  y  many  Years  pad,  have  been  obliged  to  attend  Currituck  County  Court,, 
being  from  their  Habitations  upwards  of  One  Hundred  Milts,  through  a  blcsk  and 
dangerous  Sound,  which  is  always  attended  with  great  Fatigue,  and  often  Times 
their  Lives  expofed  to  great  Danger,  and  frequently,  by  contrary  Winds,  diiap- 
pointed  of  their  Paffages,  and  detained  from  their  Families  :  For  Remedy  whereof 
for  the  future, 

il.  W  E  pray  tkat  It  rriay  be  Enaded,  And  it  is  hereby  Enacted,  by  his  Excellency 
Gabriel  Johnfton,  Efq;  Governor,  by  and  ivith  the  Advice  and  Confent  of  his  Majefly's 
Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority  of  the  fame.  That 
Mattamufkeet,  and  the  Lake  thereunto  belonging,  fliall,  from  henceforward,  be  ac- 
counted, taken,  reckoned,  and  deemed  Part  of  Hyde  County  •,  and  that  the  Inhabi- 
tants thereof  fhall  be  fubjedt  and  liable  to  the  fame  Orders,  Rules  and  Taxes,  as 
any  other  of  the  Inhabitants  of  the  faid  County  are,  or  hereafter  fhall  be  j  any  Law, 
Cuflom,  or  Ufage,  to  the  contrary,  notwithflanding. 


CHAP.     IX. 

This  Aa,  all  yiyi  ^f-i  fQ  impower  the  Commijfioners  for  the  'Town  of  Edenton  to  keep  in  Repair  the  Town 

ariJ  4th  cia'uilsl  Fcnce,  and  to  erect  and  build  a  Pound,  Bridges,  Public  Wharf,  and  Market  Houfe ; 

Aa"''sept^'7  e"  ^^^  ^V°  ^0  erect  and  build  a  School  Houfe  in  the  faid  Town,  and  other  Purpofes  therein 

Chap,  14.  '    '  mentioned. 


None  but    Inha- 
bitants to  keep 
any  Stock  in 
T"wn,   on  Pen, 

Ot  lO  s. 


What  Number  of 
Stock  Inhabi- 
tants may  keep, 


II.  A  iVZ)  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  no  Perfon  or 
£\^  Perfons  whofoever,  except  the  Inhabitants  of  the  faid  Town,  fhall  keep, 
or  caufe  to  be  kept,  any  Horfe,  Cattle,  or  Sheep,  within  the  faid  Town,  under  the 
Penalty  of  Twenty  Shillings,  Proclamation  Money,  for  each  and  every  Offence;  to 
be  recovered  and  applied  as  in  this  A61  is  hereafter  diredted, 

III.  AN  Dbe  it  further  EnaEled,  by  the  Authority  aforefaid.  That  none  of  the  In- 
habitants of  the  faid  Town  fhall  keep,  or  caufe  to  be  kept,  tuning  at  large  within 
the  Bounds  of  the  faid  Town,  more  than  Six  Head  of  Sheep,  One  Cow,  and  One 
Horfe,  for  One  Lot,  and  fo  in  Proportion  for  each  and  every  Lot  by  him,  her,  or 
t.hem,  fo  polTefTed,  under  the  Penalty  of  Twenty  Shillings,  Proclamation  Money, 
for  each  and  every  Offence  j  to  be  recovered  and  applied  as  in  this  Ad  is  hereafter 
direded. 

IV.  ANB 


Bridjics,    Wharf, 
Matkel     HuuL-, 


L    A    (V  S       of      N  O  R  T  H  -   C  A  R  O  L  I  N  A.  97 

IV.     AND  he  it  further  Enacted,    by  the  Authority  aforefaid^    Th.it  the  Com-    ^-  l^-  K'\S- 
miflloners  of  the  laid  Town,    or  the  Majority  of  them,    are  hereby  authorized  and    ^^^^^^^^~^,\ 
impowered  to  eretft  and  build  a  Pound,    Bridge-,    Public  Wharf,    Market  Houfe,    b.iUd  roumi, 
and  School  Houfe,  in  fuch  Public  Places  in  the  faid  Town  as  they,  or  the  Majority 
of  them,  fhail  think  mod  convenient  for  the  Eafe  and  Advantage  of  the  Inhabitants    ="d  Scnooi 
of  the  faid  Town  :  And  for  defraying  tiie  Expence  of  building 'and  ere6ting  the  faid    "''"''^ 
Pound,  Bridges,  Public  Wharf,  Market  Houfe,  and  School  Houie,  the  laid  Com- 
miiTioners  fhall  be  allowed  and  paid  out  of  the  Money  already  arifen,  and  not  ap- 
plied,   and  which  hereafter  Ihall  arife,    by  the  Sale  of  Lots  in  the  faid  Tov/n ;    any 
Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithilanding. 


C  H  A  P.     X. 

An  A£i  for  the  better  regulating  the  Town  of  Wilmington,  and  for  ccnfir:ning  and  efla- 
blifJding  the  late  Survey  of  the  fame.,  ivith  the  Plan  aiinexed.      REP. 


CHAP.     XL 

An  Act  for  fencing  the  Town  c/Bath,  and  re-furv eying  the  Common  belonging  to  the  faid 
Totvn,  and  exempting  the  Inhabitants  from  working  on  the  Main  Roads ;  and  to  give 
Liberty  to  the  Inhabitants  to  build  on  and  improve  the  Front  cr  PFater  Lets,  and  to  ap- 
point Commijfioners  for  the  Furpofes-  aforefaid. 

I.  T  T  7  H  E  R  E  A  S  the  inclofing  and  fencing  in  the  Town  of  Bath,  will  be  not    Pteambk, 

y  y     only  commodious  to  the  Inhabitants,  but  convenient  to  Travellers  paffing 
that  Way  : 


II.     W  E  pray  that  it  may  be  Enaded,    And  be  it  EnaT.ed,    by  his  Excellency    lobabitants 

powered  to  ( 
in  the  T-wn. 


Gabriel  Johnfton,  Efq-,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefifs    ^'"•'"''^'''  '» '"^"^ 

Council  and  General  Ajfembly  of  this  Province,    and  by  the  Authority  of  the  fame,     I  hat 

the  Inhabitants  of  Bath  Town,    at  their  own  proper  Coils  and  Charges,    fliall  be 

obliged  to  make,  and  keep  in  Repair,  a  good  and  fufficient  Fence,  with  one  large 

Gate  fit  for  Carts  to  pafs  through,  and  one  lefTer  Gate,  fit  for  Men  and  Horfes  to 

pafs  through. 

III.  AND  be  it  further  Enabled,    by  the  Authority  aforefaid.    That  the  Com-  comni;iTi.,.ner5 to 
milTioners  hereafter  appointed,    or  the  Majority  of  them,    are  liereby  direfted  and  j^J^'  "[i^^-  ^^^^^ 
impov/ered,  to  hire  and  employ  Workmen,  to  make  up  or  repair  the  laid  Fence  and  \n  Repair. 
Gates,  when  the  Majority  of  them  fliall  find  it  necefiliry,  and  to  compute  the  Charge 

of  the  making  and  repairing  the  fame,  on  the  Firft  'I'uefday  in  May,  yearly,  after 
the  Ratification  of  this  Ad  :  And  for  defraying  tiie  faid  Expence,  the  CommilTion- 
ers  hereafter  named  are  hereby  authorized  and  impowered  to  lay  a  Tax  or  Levy  on 
each  Taxable  in  the  faid  Town,  for  paying  the  faid  Charge,  not  exceeding  the  Sum 
of  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  yearly. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  of  P.rf.ns  refufing 
the  Inhabitants  of  the  faid  Town  of  Bath,  or  any  other  Perlon  or  Perfons  holding  *^,rheScJ"' 
or  poflefling  Lots  therein,  fliall  negled  or  refute  to  pay  the  faid  Tax  or  Levy,  io 

laid  by  the  Commiffioners  as  aforefaid,  that  then,  and  in  fuch  Cafe,  the  Coir.mifu- 
oners  for  the  Time  being,  or  the  Majority  of  them,  are  hereby  impowered  to  fue 
for  and  recover  the  fame,  by  Warrant  from  any  Juftice  of  the  Peace  for  the  County 
of  Beaufort. 


■V.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  if  any  Per-    pc.-ron. 
fon  or  Perfons  fhall  pull  down,    take  away,  or  by  any  Means  deftroy,  any  of  the    ]l^\^^''^^f 
Rails  of  the  faid  Fence,  or  any  Part  thereof*  and  fliall  thereof  be  lawfully  convided, 

N  bv 


piHi.n?! 
fur    ihe  £;ft  UJ- 


98 


LAWS      of     M  O  R  T  H  -  C  A  R  O  L  I  N  A. 


J.  D. 


'745- 


fence  to  f'ifeit 
20  s.  and  fur  tLe 
I'cci.ind  40  s. 


T.1X  to  be  hid  oa 
the  L-ifs,  to  re- 
furvev  th;T,\vn. 


C-^mmin  to  be 
furvtyed,  it  the 
Erp'H'-e  of  tlie 
Inhabiunis. 


In.inhjlants  ex- 
empt fitm  WDi'.  • 
ing  on  the  Ruuds 


Pcrf  n?  may  im- 
prove Front  Lnts. 


Coriim'flioners 

?f pointed. 


by  the  Oath  of  one  credible  Witnefs,  before  one  or  more  Juflices  of  the  Peace,  he, 
flie,  or  they,  fo  offending,  fhall  forfeit  and  pay,  into  the  Hands  of  the  Commiffiori- 
ers,  for  the  firll  Offence,  the  Sum  of  Twenty  Shillings,  Proclamation  Money  ;  and 
for  the  fecond  Offence,  being  thereof  iav^fully  convided  as  aforefaid,  the  Sum  of 
Forty  Shillings,  Proclamation  Money  -,  to  be  recovered,  by  the  Commiii  oners,  by 
a  Warrant  from  Two  Juftices  of  the  Peace  :  Winch  Money,  fo  by  them  recovered, 
ihall  be  by  them  applied  towards  repairing  the  faid  Fence. 

VL  A  N  D  forafmuch  as  the  Inhabitants  of  the  faid  Town  know  not  exaftly  the 
Bounds  of  their  feveral  and  reipeftive  Lots  •,  to  prevent  Diiputes  for  the  future.  Be 
it  fitrthe-r  EnaSfed,  by  the  Authority  aforefaid.  That  the  Commillioners  hereafter  named, 
or  the  Majority  of  them,  are  hereby  required  and  impowcred  to  employ  the  Sur- 
veyor-General, or  his  Deputy,  to  re-furvcy  the  faid  Town,  as  near  as  pcffible  to 
the  old  Plan,  that  no  Perlbn  may  be  damaged  thereby ;  and  the  Commifiioners  are 
hereby  impowered  to  lay  a  Tax  or  Levy  on  each  Lot,  not  exceeding  Two  Shillings 
and  Eight  Pence,  Proclam.ation  Money,  to  pay  the  Expence  of  furveying  the  fam^e  ; 
which  Money  fhall  be  paid,  by  the  Owners  of  the  faid  Lot  or  Lots,  into  the  Hands 
of  the  CommiiTioners :  And  every  Owner  or  Owners  of  fuch  Lot  or  Lots  fo  fur- 
veyed,  are  hereby  obliged  to  let  up  Pofcs  or  Stones  for  Land  Marks,  in  Prefence 
of  fonie  of  the  Commiffioners,  at  tlie  Time  of  lurveying  the  fame,  under  the  Penalty 
of  Forty  Shillings  Proclamation  Money;  to  be  recovered  and  applied  in  the  fame 
Manner  as  other  Fines  in  this  Act  are  before  directed  to  be  recovered  and  applied, 

VIL  AND  be  it  further  EtmFfcd,  by  the  Authority  aforefatd^  That  the  Common 
beloncrino-  to  the  faid  Town  be  aifo  iiirvcyed,  at  the  Expence  of  the  Inhabitants  of 
the  faid  Town  •,  and  that  proper  Land  Marks  be  fet  on  the  Bounds  o\  the  fame,  that 
PerfonS  may  know  where  the  fame  are,  and  not  commit  Trelpafs  on  the  Lands  ad- 
joining. 

VIII.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Inha- 
bitants of  Bath  Town  be,  and  are  hereby  exempted  from  working  on  the  Public 
Roads ;  provided  that  the  faid  Inhabitants  keep  the  Town  inclofed,  in  Manner 
aforefaid,  and  their  Streets  and  Lots  clear  of  all  Incumbrances  whatloever. 

IX.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  all  Pcrfons 
which  have,  or  which  hereafter  fliall  take  up  any  of  the  Front  or  Water  Lots  in  tlie 
faid  Town,  are  hereby  impowered  to  improve  the  fame,  by  building  and  erecting 
Warehoufes  and  Stores,  or  other  Buildings,  as  to  them  fliall  be  moft  convenient, 
for  carrying  on  their  Trade  and  Commerce. 

X.  A  N  D  be  it  further  EnacJed,  by  the  Authority  aforefaid.  That  Capt.  MV/'^t^/ 
Coutanch,  Col.  Benjamin  Beyton,  Mr.  John  Rieuffett,  Mr.  Robert  Boyd,  and  Mr.  Da- 
niel Biinn,  be,  and  are  hereby  appointed  Commiffioners  for  the  faid  Town  of  Bath^ 
with  Power  and  Authority  to  fue  for  and  recover,  of  and  from  any  Perlbn  and  Per- 
fons  who  fliall  refufe  to  pay  their  proportionable  Part  of  the  Charges  arifmg  and 
becoming  due  for  any  of  the  Purpofes  aforefaid  •,  and  on  the  Death  or  Removal  of 
any  of  the  above  Commifiioners,  the  Majority  of  the  Commiffioners  fhall  choofe 
others,  in  the  Room  and  Stead  of  thofe  fo  dying  or  removing. 


See  Afl  1763, 
Chap  20,  fur 
BmenJing    tliis 


CHAP.     XII. 

An  ASl  to  encourage  Berfons  to  fettle  in  the  Town  of  Brunfwick,  on  the  South  IFefl  Side 

of  Cape  Fear  River. 

I.  '\'\^T  l^'^.RY.  KS  Maurice  Moore,   hte  of  Cape  Fear,  Efq;    deceafed,   appro- 
Y  y      priated  and  laid  out  a  certain  Parcel  of  Land,  containing  Three  Hundred 
and  Twenty  Acres,  on  the  South  Weft  Side  of  Cape  Fear,  for  a  Town  and  Com- 
mon, for  the  Ufe  of  the  Inhabitants  of  the  faid  Town ;    which  laid  Town  is  called 

Brur.fwiik : 


L    A    fV  S      of     N  O  R  T  H  -  C  A  p.  O  L  I  N  A. 


99 


Briinjv:ick  :  'And  the  Hon-.  Roger  Moore,  Efq-,  to  make  thfcfaid  Town  more  regular,  ^-  -0. 
added  another  Parcel  of  Land  to  the  faid  Town,  and  a  great  Part  of  the  laid  Lands 
was  laid  out  into  Lots,  of  Half  an  Acre  each,  many  ot  which  are  taken  up,  and 
good  Houles  built  thereon,  and.  proper  Places  weie  appointed  and  given,  by  the 
laid  Maurice  Moore,  for  a  Church,  Court-Houfe,  and  Burial  Place,  Market  Hcuie, 
and  other  Public  Buildings :  And  whereas,  by  Reafon  of  the  Death  of  the  faid 
Maurice  Mocre,  and  of  John  Porter,  of  Cape-Fear,  Efq-,  who  claimed  to  hold  Part 
of  the  faid  Lands  laid  out  for  a  Town^  by  Grant  from  the  faid  Maurice  Mccre,  it 
is  not  certainly  known  to  whom  the  faid  Lands  be-long,  fo  that  fure  Titles  may  be 
had  to  the  Lots  as  yet  unfold,  whicii  is  a  great  Dilcouragement  to  the  fettling  the 
faid  Town:  And  whereas  the  Trade  o'i  Cape  Fear  River  confiils  in  Naval  Stores, 
Rice,  and  Lumber,  Commodities  of  great  Bulk  and  fmall  Value,  all  due  Encour- 
agement ought  to  be  g^'en  to  large  Ships  to  cone  into  the  faid  River,  to  take  off 
the  faid  Commodities  •,  and  as  all  large  Ships  which  come  into  the  laid  River,  are 
obliged  to  lie  at  Brunfwick,  and  that  Town,  for  Want  of  a  fufScient  Number  of 
Inhabitants,  and  by  Reafon  of  the  eafy  Navigation  thereunto,  is  much  expofed  to 
the  Invafion  of  foreign  Enemies  in  Tim.e  of  VVar,  and  Pirates  in  Time  of  Peace, 
nothing  can  be  greater  Encouragement  for  Ships  to  comie  there,  than  a  Certainty  of 
being  well  fupplied  with  Neceflaries,  and  well  fecured,  during  the  Tim.e  they  lie 
there,  which  can  no  Way  be  better  done  than  by  increafing  the  Number  of  the  In- 
habitants of  the  faid  Town  :  For  the  etrev5cing  of  v/hich,  and  remicdying  the  Incon- 
venicncies  above  mentioned,  and  fettling  and  fecuring  the  Titles  to  the  faid  Lots  in 
the  faid  Town ; 


MJ- 


II.  WE  pray  your  Mod  Sacred  Majefry  that  it  may  be  Enafted,  Aid  he  it 
Enacted,  by  his  Excellency  Gabriel  Johnilon,  Eff,  Governor,  by  and  ivith  the  Advice 
and  Confent  of  his  Majefty's  Council,  and  General  Ajjemhfy  of  this  Province,  and  by  the 
'Authority  of  the  fa:ne.  That  the  faid  Lands  appropriated  and  laid  out  for  a  I'own 
and  Common,  by  the  faid  Maurice  Mccre  and  Roger  Moore,  be,  and  they  are  hereby 
declared  to  be,  from  henceforward,  inverted  in  the  Hon.  Edivard  Mofeley  and  Rcrer 
Moore,  Efqrs.  and  William  Dry,  John  Wright,  and  Richard  S>uince,  Merchants,  in 
Fee,  to  and  for  the  Truft  and  Purpofes  herein  after  mentioned,  and  their  Succeflbrs, 
as  Commiflloners  for  the  faid  Town  of  Brunfwick ;  to  be  difpofed  of  in  Manner  and 
Form  as  herein  after  is  direded. 


jmmiflionei'S. 


living,  ;.c.  (therl 
to  be  cholcn. 


III.  AND  be  it  further  EnaJled,    by  the  Authority  aforefaid.  That  on  the  Death   s.e  Aa,  176 
or  Departure  of  any  of  the  faid  Commiflloners  out  of  this  Province,    at  any  Time    'IxxTiln  ihu  ' 
hereafter,  the  remaining  Comm.iflioners,   or  the  Majority  of  them,   are  hereby  fully    ciaufe, 
authorized  and  impowered  to  elecl  and  choofe  fome  other  Pcribn  or  Perfons  to  fuc- 

ceed  fuch  Commiffioner  or  Commiffions  fo  dying  or  departing  as  aforefaid  ;  which 
Perfon  or  Perfons  fo  eleded  or  chofen,  fliall  be,  and  they  are  hereby  inverted  with 
as  full  Power  and  Authority,  to  ail  Intents  and  Purpofes,  as  if  they  had  been  par- 
ticularly named  in  this  Aft. 

IV.  A  N  D  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the.  Honour-    Trearurer  xp^ 
able  Roger  Moore,    Efq-,    rtiall  be  Treafurer  and  Receiver  of  all  the  Monies  arifing,    p"'"""* 

or  to  arife,  by  the  Sale  of  the  faid  Lots ;  and  on  his  Death,  or  Departure  out  of 
this  Province,  then  the  Majority  of  the  CommifTioners  to  choofe  another,  he  giving 
Security,  to  the  faid  CommifTioners,  that  he  will  be  accountable  for  all  the  Monies 
which  he  fliall  receive  for  the  faid  Lots. 


_V.     AN D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Com-   ccmmiffionets  to 
mifTioners,  or  any  Three  of  them,  as  loon  as  they  conveniently  can,  fhall  lay  out  fo   '."y  °"'  thex-wn 
much  of  the  faid  Lands,    fronting  the  River,    for  a  Town,   into  Lots  of  Half  an    slrem!''  '""^ 
Acre  each,  with  convenient  Streets  and  PafTages,  as  they  fliall  think  fufiicient,  and 
the  Remainder  thereof,  not  laid  out  into  Lots,  fliall  be,  and  it  is  hereby  declared  to  be 
a  Common,  for  the  Public  Ufe  of  the  Inhabitants  of  the  faid  Town ;  a  Plan  of  which 
Tov/n  and  Common  the  Commiflloners  fhall  record  in  the  Secretary's  Oflice,  by  which 

N  2  '  Plan, 


ioo 


A.  D.   1745. 


To  hy  rut  pro- 
per Places  for  a 
Church,  Eurial- 


To  convey  L^ts 
to  any  l'erf:n, 
on  Fdyra';n[  ot 
31. 


Lots  to  be  faved 
irt  two  Years,  or 
fjifcit.d. 


Monty  arifing  by 
Sale  of  forfeited 
L'.ts,  to  be  paid 
to  the  Paiiih. 


Comm'flVin*rs  t> 
fell  one  L't,  to 
d'.fray  the  Ex- 
pence  of  laying 
cut  the  Town, 


■What  <hi\\  he  a. 
good  Title  to 
L'lts,  where  the 
Owner  cannot 
prove  it. 


Lits  not  dif;)ofed 
uf  byProprietcr?, 


LAWS     of    North-Carolina. 

Plan,  fo  recorded,  all  Difputes  hereafter  concerning  the  Lots,  Streets,  and  Paflages, 
of  the  faid  Town,  and  alio  the  Common,  fhall  be  decided. 

VI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  faid 
Commiflioners,  or  the  Majority  of  them,  Ihall  think  the  Places  already  laid  out  for 
a  Church,  Burial  Place,  Market  Houfe,  and  other  Public  Buildings,  not  convenient 
for  the  faid  Ufes,  that  then  the  faid  CommilTioners,  or  the  Majority  of  them,  fliall 
lay  out  and  appropriate  fuch  other  Places,  for  the  Ufes  aforciaid,  as  they  fliali  think 
moft  convenient. 

VII.  AND  he  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  every. Perfon 
who  is  willino-  or  dehrous  to  be  an  Inhabitant  of  the  laid  Tov/n,  Ihall  have  Liberty 
to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before  taken  up,  pay- 
jno-  unto  the  Treafurer  or  Receiver  for  the  Time  being  the  Sum  of  Three  Pounds, 
Proclamation  Money  ;  vv'hich  Lot  or  Lots  the  Commiffioners  aforefaid,  or  any 
Three  of  them,  are  hereby  required,  direfted,  and  impowered,  to  grant  and  convey 
to  the  Perfon  fo  taking  up  the  fame,  and  to  his  Heirs  and  Afllgns,  for  ever :  Forty 
Shillings  whereof  Ihall  be  paid,  by  the  faid  Treafurer,  to  fuch  Perfon  or  Perfons, 
his  or  their  Heirs,  who  hath  the  Title  to  the  faid  Lands,  and  Twenty  Shillings, 
Remainder  thereof,  to  the  Churchv/ardens  of  St.  Philip's  Parifh,  in  Ne'jj  Hanover 
County  i  to  be  diipofed  of  as  the  Veflry  of  the  faid  Parifli  fliall  dired. 

VIII.  PROVIDED  alivays.  That  if  any  Perfon  fliall  take  up  or  purchafe 
any  Lot,  in  Manner  as  before  direded,  and  fliall  not  build  thereon,  within  Two 
Years  after  the  Date  of  the  Conveyance  for  the  faid  Lot,  a  good  fubflrantial  habita- 
ble Houle,  of  the  Dimenfions  of  Twenty  Feet  long,  and  Sixteen  Feet  wide,  v/ith- 
put  Shed,  or  make  fuch  Preparation  for  fo  c  oing  as  the  Commiflioners,  or  the  Ma- 
jority of  them,  fhall  judge  reafonable,  then  every  fuch  Conveyance  fhall  be  null  and. 
void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been' made;  and  any 
Other  Perion  or  Perfons  fliall  have  free  Liberty  to  take  up  the  faid  Lot  or  Lots,  in 
the  fame  Manner  as  before  is.  direded,  aa  if  the  fame  had  never  been  before  taken  • 
up. 

IX.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Money 
ariflng  by  fuch  fecond  or  other  Sale  of  the  faid  Lot  or  Lots,  Ihall  be  paid  by  the 
Treafurer  or  Receiver,  to  the  Churchwardens  of  St.  Philip's  Parifli  aforefaid,  to  be 
difpofed  of  as  the  Veftry  of  the  laid  Parifli  fliall  direft. 

X.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Com- 
miflioners, or  the  Majority  of  them,  fliall  have  full  Power  and  Authority,  and  they 
are  hereby  authorized  and  impowered,  to  fell  and  convey,  in  Manner  aforefaid,  one 
or  more  of  the  faid  Lots,  as  they  fhall  find  neceflary  5  and  apply  the  Money  ariflng 
by  the  Sale  of  the  faid  Lots,  to  defray  the  Charges  they  fliall  be  at  in  furveying  and 
laying  out  the  faid  Lots  and  Common,  and  making  and  recording  the  Plan  thereof. 

XI.  AN D  he  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  every  Perfcn 
who  is  now  feized  and  poiTefTed  of  any  Lot,  and  hath,  by  himfelf,  or  thofe  under 
whom  he  claims,  been  fo  feized  or  pofTefTed  for  Seven  Years,  lafl:  pafl-,  and  cannot 
produce  any  Title  to  the  fame,  fliail  make  it  appear  to  the  Commiflioners,  or  the 
Majority  of  them,  that  he  purchafed  the  faid  Lots,  bona  fide;  and  if  the  faid  Com- 
miflioners, or  the  Majority  of  them,  fhall  be  fatisfied  that  he  purchafed  the  faid 
Lots,  bona  file,  then  they  fhall  give  him  a  Certificate  thereof,  under  their  Hands 
and  Seals :  Which  Certificate,  being  regifl:ered  in  the  Regiflier's  Office  of  iVfc:-  Han- 
over County,  fliall  be  a  fufiicient  Title  againll  all  Titles  bearing 'Date  after  the  Ra- 
tification of  this  Aft ;  and  v/here  any  Lot  doth  belong  to  any  Perfon  deceafcd,  his 
Executors  or  Adminiflrrators  fhall  have  the  fame  Liberty  or  Privilege. 

XII.  AND  be  it  further  Enacted,  }yy  the  Authority  aforefaid.  That  if  any  Perfon 


or  Perfons  pofTeffed  of  any  of  the  faid  Lots,   die  without  Heirs, 


or  fliall  not  make 
Dii'Dofition 


LAWS      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


CTpmifilonfrs  to 
ri;rnuVeNufance's. 
Luts  to   be  paLd 
or    done    with 
P.fti  ar.d  Rails. 


Difpofition  thereof  by  Will,  or  otherwile,  then,  and  in  fucli  Cafe,  the  faid  Lot  or  ^-  l^-  1745. 

Lots  fhall  revert  to  the  iaid  Commiffioners  ^  and  fliall  be  fold  by  t'le  Coinri-iiffioners  '-'^' : 

aforefaid,  for  as  much  as  they  can  get ;  and  the  Money  arifmg  by  fuch  Sale  Ihali  be  c  rli^.rfiU.asl'* 
difpofed  of  by  them  for  the  Ufe  of  the  faid  Town. 

XIII.  A  N  D  for  tlie  better  Encouragement  of  Perfons  to  fettle  in  the  faid  Town,    veflrie,   to   be 
Be  it  Ena.3ed^  by  the  Authority  aforefaid,    1  hat  from  and  after  the  Ratification  of  tliis    ^^^'^ '"  '^''''"• 
Act,  all  Veilries  for  the  faid  Parifl:i  Ihall  be  made  and  held  in  the  1  ov/n  of  Brunf 

wick,  and  at  no  other  Place  whatfoever. 

XIV.  A  tJB  he  it  further  Ev.c.5ied,  hy  the  Authority  afcrefakl.  That  the  Church    church   to   be 
for  St.  Philif^  aforefaid,  Ihall  be  built  in  the  faid  Town  ot  £ri:?2'zvick.  Lu.k  m  Town. 

XV.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  Commif- 
fioners aforefaid,  or  any  Three  of  them,  fhall  have  lull  Power  and  Authority  and 
they  are  hereby  authorized  and  impowered,  to  remove  all  Nufances,  or  v/hat  they 
ihall  judge  Nufances,  within  the  Limits  of  the  faid  Town,  and  fhall  not  fufFer  any 
Perlbn,  O.vner  of  any  Lot  or  Lots  in  the  faid  Town,  to  inclofe  the  fame  with  a  com- 
mon Stake  or  Worm  Fence;  but  every  Perfon  who  will  inclofe  a  Lot  or  Lots  fliall 
inclofe  the  fame  with  Pales,  or  Polls  and  Rails  fet  up  :  And  if  any  Perfon  or  Per- 
fans,  after  Notice  given,  fhall  not  take  away  and  remove  fuch  Stake  or  Worm 
Fence,  then,  and  in  fuch  Cafe,  the  faid  CommilTioners,  or  any  Three  of  them 
(hall  order  the  fame  to  be  taken  away,  at  the  Cofts  and  Charges  of  the  Perfon  who  is 
in  PofTefTion  of  the  faid  Lot  or  Lots :  And  if  the  PclTeircr  refufes  to  pav  for  the 
fame,  then  any  Three  of  the  Commiffioners  aforefaid  ar„^  hereby  impowered'  and  au- 
thorized to  grant  a  Warrant,  under  their  Hands  and  Seals,  direfted  to  the  Conftable 
of  the  faid  Town,  to  levy  the  fame,  by  Diftrefs  and  Sale  of  the  Offender's  Goods, 
returning  the  Overplus  to  the  Owner  5  and  the  faid  Conftable  is  hereby  required  to 
execute  the  faid  Warrant. 

XVI.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  all  and 
every  Perfon  and  Perfons,  PofTcfTors  or  Owners  of  any  Lot  or  Lots  in  the  faid 
Town,_  fhall,  within  One  Year  after  the  Ratification  of  this  Aft,  clear  all  and 
every  fuch  Lot  and  Lots  by  them  held  or  pofTefTed,  of  all  Wood,;  tJnderwood, 
Brulh  or  Grubs,  growing,  ftanding,  or  being  on  the  faid  Lots. 

■  \.     •.  ^fh■7-.r 

XVII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  iFany  Per- 
fon or  Perfons,  PdfTefTor  or  Owner  of  any  Lot  or  L.ots  in  the  faid  Town,  fhall  omit 
or  negleft  to  clear  the  fame,  as  above  direfted,  within  the  Time  above  limited,  and 
keep  and  maintain  the  f^ime  fo  cleared,  then,  and  in  fuch  Cafe,  the  Commifhoners, 
or  any  Three  of  them,  fhall  caufe  the  fame  to  be  cleared,  at  the  Cofts  and  Charges 
of  the  Party  offending  -,  and  if  the  Party  fo  offending  fhall,  upon  Demand  made, 
ret  ufe  to  pay  fuch  Sum  or  Sums  as  the  Commiihoncrs,  or  any  Three  of  them,  fliall 
order,  for  clearing  the  fame,  then  the  faid  Com.mifTioners,  or  any  Three  of 'them, 
ihall  ilTue  a  Warrant,  under  their  Hands  and  Seals,  to  the  Conflable  of  the  faid 
Town,  to  levy  the  fame,  by  Diftrefs  and  Sale  of  the  Offender's  Goods,  returnino- 
the  Overplus,  after  all  Charges  are  paid.  ^ 

XVIII.  AND  he  It  further  Ena^fcd,  hy  the  Authority  aforefaid.  That  if  at  any 
Time,  after  Twenty  Days  after  tlie  Ratification  of  this  Aft,  anv  Tavern-keeper, 
Ordinary-keeper,  or  any  other  Perfon  or  Perfons  whatfoever,  felling  Liquor,  or 
keeping  a  Public  Houfe  in  the  faid  Town,  fhall  fuffer  any  Perfon  or  Perfons  what- 
foever, to  fit  tippling  or  drinking  in  his  Hou.fe,  in  Tim.e  of  Divine  Service  on  the 
Sabbath  Day,  or  fliall  fuffer  any  Perfon  or  Perfons  to  get  drunk  in  his  Houfe  on 
the  Sabbath,  fuch  Perfon  or  Perfons  fo  offending,  fnairforfeit  and  pay,  for  every 
fuch  Offence,  the  Sum  of  Ten  Shillings,  Proclamation  Monev. 


I'ropriefrs   to 
clear   tl-.eir  Loti 
Within  I  Year, 


If  they  npplfft 
ti)  ckar  thtm, 
CommiHiiineis  to 
hfve  it  done,  at 
furh  Owners 
Cliaige. 


OrJ'n-:rv  keepers 
no:  to  {■:({cr  tip- 
ji'ing    in   their 
II  ules    en    the 
Szbbath,  on  I'en, 

of  30S. 


XIX.    AND 


102 


L    A   ly   S      of      N  O  K  T  H  -  C  A  R  O  L  I   N  A. 


j1.  D.    1-45- 

N't  to  truft^  Sai- 
1  irs  above'  2S 
83.  on  I'en.  of 
loling  all  above 
that  Sum- 


No  Peifjn  to 
harbaur  or  enter- 
tain Sailors,    on 
l?en.  of  40  s. 


Ordinary  keepers 
not  to  har'joar 
Sailors  at  Nijht, 
on  Pen.  ot  10  s. 


This  Aa  to  be 
given  in  Evidence 
againS  anyThing 
done  inContempt 
of  it. 


Penalties  appro- 
jiriated,  and  how 
recoretable. 


XIX.  AND  be  it  further  Enacted,  by  the  Aiithcrity  cfcrefaid,  Tliat  if  any  Perfon 
or  Perfons  whatfoever,  in  the  laid  Town,  fhall,  one  Month  after  the  Ratification  of 
tliis  A6V,  on  any  Pretence  whatfoever,  give  Credit,  Loan,  or  Truft,  to  any  Mariner 
or  Seaman,  belonging  to,  or  under  the  Command  ol,  the  Comn:^.ander  or  Mailer  of 
any  Veflel,  that  now  is,  or  fliall  at  any  Time  hereafter,  arrive  at  Eranfzvick,  above 
the  Sum  of  Two  Shilhngs  and  Eight  Pence^  Proclamation  Money,  except  by  the 
Leave  or  Licence  of  the  Mailer  or  Com.mandcr  of  the  VelTcl  he  belongs  to,  or  where 
fuch  Sailor  or  Manner  lliall  have  left  the  Ship  or  VelTcl  to  apply  to  the  Courts  of 
Juftice,  in  any  Difpute  or  Controverfy  with  the  Captain  or  Commander  of  fuch  Ship 
or  Vellk  ;  that  then,  and  in  fuch  Cafe,  he,  Ihe  or  they,  Ihall,  for  eveiy  fuch  De- 
fault, lofe  all  the  Monies  and  Goods  io  trufbed  or  credited. 

XX.  AND  he  it  further  Enacwd,  by  the  Authority  afcrefaid.  That  if  any  Perfon 
or  Perfons  whatfoever  fnalj,  v»-illingly  and  knowingly,  entertain,  retain,  harbour  cr 
keep,  or  lliall,  directly  or  indireAly,  fuffer  to  be  entertained,  retained,  harbcured, 
or  kept,  any  Seaman  or  Manner,  belonging  to  any  VelTcl  aforefaid,  in  his,  her  or 
their  Houfe  or  Houfes,  exceeding  the  Space  of  Six  Hours,  without  the  Privity  and 
Confent  of  his  or  their  Mailer  or  Commander,  or  one  Plour  after,  againft  the  Con- 
fent  of  the  Mailer  or  Commander  (except  as  is  in  the  Cafe  before  excepted)  he,  fhe  or 
they,  lb  offending,  lliall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation 
Money,  for  every  fuch  Oflence. 

XXi.  AND  be  it  farther  Enacted,  by  the  Authority  afcrefaid.  That  if  any  Perfon 
who  keeps  a  Public  Houfe,  fliall,  after  the  Ratification  of  this  Acl,  entertain,  re- 
tain, harbour  or  keep,  or  futier  to  be  entertained,  retained,  harboured  or  kept,  any 
Seaman  or  Mariner,  belonging  to  any  VelTel  as  aforefaid,  after  Eight  of  the  Clock, 
in  the  Winter,  at  Night,  and  Nine  of  the  Clock,  in  the  Summicr,  at  Night,  except 
the  Seaman  or  Mariner  hath  Leave  from  his  Mailer  or  Commander,  in  Writing,  to 
be  on  Shore  (except  as  in  the  Cafe  before  excepted)  he  or  fhe  fo  offending,  Ihall  forfeit 
and  pay  the  Sum  of  Ten  Shillings,  Proclamation  Money,  for  eveiy  fuch  Offence. 

XXII.  AND  be  it  further  Enacted,  by  the  Atithcrity  aforefaid.  That  in  Cafe  any 
Perfon  or  Perfons  whatfoever  Ihall  be  fued  or  molelled  for  any  Thing  done  in  the  Ex- 
ecution of  this  A61,  he,  flie  or  they,  Ihall  and  may  plead  the  General  IlTue,  and 
give  this  Aft  in  Evidence ;  and  the  Judge  and  Judges  Ihall  allow  thereof. 

XXIII.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid,  That  all  Penal- 
ties and  Forfeitures  by  this  Act  made  and  impofed,  ihall  be,  one  Half  to  the  Vellry 
and  Churchwardens  of  St.  Philip's  Parilh  aforefaid,  and  the  other  Half  to  him  or 
them  who  will  fue  for  the  fame  ;  to  be  recovered  by  a  Warrant  from  any  one  Jullice, 
if  the  Sum  doth  not  exceed  Twenty  Shillings,  Proclamation  Money  ;  and  if  the  Pe- 
nalty or  Forfeiture  exceed  that  Sum,  then  by  a  Warrant  from  any  Two  Jullices. 


SIGNED     by 


G.\BRiEL  Johnston,  Efq-,  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swank,  Speaker. 


ANNO 


L    y2   IV  S      of      N  OR  T  II  -C  ARO  UN  A.  IC^ 


/!.  D.  1746. 


ANNO     REGNI 

R    G    I    I       II. 

REGIS 
MAGN^  BRITANNIiE,  FRANCIS,  &  HIBERNI^, 

V  I  C  E  S  S  I  M  O. 


At  a  General  ASSEMBLY,  held    at  Neiobern,    the  Twenty  Eighth    Gabriel 

Johnston, 

Day  of  June,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred   ^*^'   ^"^v*^^* 

■>         ^         '  nor, 

and  Forty  Six. 


C  H  A  P.     I. 

An  Act  for  the  better  regulating  the  Militia  of  this  Government.     EXP. 


CHAP.     II. 


Rep»!i'f(J,   I>ut 
theB  unds  of 


An  Act  for  erectiny  the  upper  Tart  of  Craven  County  into  a  County  and  ParjfJj,  and  for   '*"■  f  """'v  ^"^ 
aptcinttng  a  Fiace  jor  bmldi7ig  a  Lourt-tiouje^  Prijcn,  a?id  Stocks,  m  thefaid  County.         by  Aa  vax.a 

SfPt.  1756, 

II-    \%J  E  pray  that  it  may  be  Enaded,   And  be  it  EnaHed.,  by  his  Excellency  Ga-    ^'"'''  ^" 

V  V     bricl  Johnfton,  Efq;  Governor^  by  and  ijcith  the  Adxice  and  Confent  of  his    countv  A\vMt», 
Majejifs  Council,  and  General  .ffjembly  of  this  Province,  and  it  is  hereby  Enabled,  by  the   '"<'  ^^^  "pp.^'■ 
Authority  of  the  fame.  That  Cr^w«  County  be  divided  by  a  Line,    beginning  at  the    Trft'^racoum^ 
Mouth  of  the  Southwejl  Creek,    on  the  South  Side  of  Neufe  River,    below  Francis    ^n*^  i'-"'"'- 
6'/;7;z^^r's Terry,   running  up  the  laid  Creek  as  far  as  the  aforefaid  County  extends 
that  Way,  and  running  a  North  Line  from  the  Mouth  of  the  faid  Scuthzceji  Creek, 
as  far  as  the  County  extends  Northwardly ;    and  that  the  upper  Part  of  the  iaid 
County  be  ereded  into  a  County,    by  the  Name  of  Johnfton  County,    and  St.  Pa- 
trick's Parifh,    as  divided  by  a  Line  that  fliall  be  agreed  on  by  the  Commifiioners 
hereafter  named  :  And  that  the  faid  County  and  Parilh  fhall  enjoy  all  the  Privilenres 
and  Advantages  that  any  otlier  County  and  Parifh  in  this  Province  holds  or  enjoys; 
fave  only  that  the  faid  County  fliall  fend  but  Two  Reprefentatives,  to  fit  in  the  Ge- 
neral Alfembly. 

CHAP. 


I04  Z,^/i^5o/    North-Carolina. 


A.  D.  1746.  CHAP.     III. 

lt\utt"r^^'  -^'^  ^^^  M  dividing  Edgcomb  County  and  Parijl:^  and  for  erecting  the  upper  Part 
Bounds  of  ihe  thereof  into  a  County  and  PariJIo^    by  the  Naine  of  Granville  County^    and  St.  John'5 

fftTb  nL^  by"'^        P^rifh  ;  and  for  appcinting  Vefirymen  of  the  faid  Parifh. 

Aft,  Sept.  1756, 

Chjp.  9.  jj_  TTTE  therefore  pray  that  it  may  be  Enacted,    And  be  it  Enacted,    hy  his 

County  divided,  VV     Excelkncy  Gabriel  Johnfton,  Efq;  Governor,  by  oid  with  the  Advice  and 

Part'erefted'into  Ccnfent  of  his  Majcjlfs  CouncH,  and  General  Affembly^  of  this  Province,  and  hy  the 
a  diftinft  County  Authority  of  the  fame.  That  Edgcomb  County  and  Parifh  be  ditided  by  a  Line,  be- 
3Dd  fatifh.  ainning  at  the  Mouth  of  Stonehoufe  Creek,   on  Roanoke  River,   to  the  Mouth  of  Cy- 

prefs  Swamp,  on  Tar  River,  and  from  thence  acrcj's  the  River,  in  a  direft  Courfe, 
to  the  Middle  Grounds  between  'Tar  River  and  Neufe  River,  being  the  dividing  Line 
between  Craven  and  Edgcomb  Counties ;  and  that  the  upper  Part  of  the  faid  County 
and  Parifh,  as  divided  by  the  Line  that  Ihall  be  agreed  on  by  the  CommifTioners 
hereafter  named,  be  ere6led  into  a  County,  by  the  Name  of  Granville  County,  and 
St.  John's  Parifh  :  And  that  the  faid  County  and  Parifh  fliall  enjoy  as  many  Privi- 
leges as  any  other  County  or  Parifh  in  this  Province  holds  and  enjoys,  fave  only  that 
the  faid  County  fhall  fend  but  Two  Reprefentatives  to  fit  in  General  AfTembly. 

S  I  G  N  E  D     by 

Gabriel  John-ston,    Efq-,    Governor. 
Nathaniel  Rice,    Prefident. 
Samuel  Szvann,   Speaker. 


ANNO 


LAWS    of    North-Carclina. 


io5 


J.  D.    1746. 


%J  %#  %J  %#  %^  %#;rn«5%#  %#  %J  4J  ^^.  .|^ 
#f  #%  f%    #4  '?f  #f  ^^J«^/^%  f^-^  §^    ^%.    .f%.    ^^ 

Anno     regni 


GEO 


i   I   I    11. 


R     K     G     I     S, 

NiAGN^    BRITANNIA,     FRANCIiE,    &    HIBERNIyE, 

V  I  C  E  S  S  I  M  O. 


At  aGeneral  ASSEMBLY,   held  at   PViJmington,    the  Fifth  Day  of  Gasriel 

^  fOHNSTCN, 

December^   in  the  Year  of  our  Lord  One  Thoufand   Seven   Hundred   JEfq;   Cover- 

nor. 

and  Forty  Six. 


CHAP.     I. 

An  A5f  for  the  letter  afertaining  the  Number  of  Members  to  be  chcfen  for  the  feveral 
Counties  within  this  Province,  to  fit  and  vote  in  General  .  ffemhly  \  and  for  eftcblifbing 
a  more  equal  Re^refentative  of  all  his  Majejlfs  S^bjeLs  in  the  houje  of  Bhr^efcs. 
REP. 

C  PI  A  P.  2.  An  Aol  to  fix  aVlace  for  the  Seat  of  Gcvermnenty  and  for  keeping  Public 
Offices  \  for  appointing  Circuit  Courts,  and  defraying  the  Expence 
thereof  \  and  alfo  for  efiablifing  the  Courts  of  Jujiice^  and  regulating 
the  Proceedings  therein.     REP. 


SIGNED     by 


Gabriel  Johnston,  Efq;  Governor, 
Eleazer  Allen,  Prefident. 
Samuel  Swann,  Speaker. 


O 


ANNO 


io6  LAWS    of    North-Carolina. 


A.  D.   1746. 


:^-^  ^^  ^^  ^^  ^^  ^^^  kj)(  ^^  ^  ^^  ^^  ^^  ^< 


ANNO     REGNI 

G    E    O    R    G    I    I       11. 

REGIS, 

MAGNiE    BRITANNIA,     FRANCItE,    &     HIBERNI^, 
V  I  C  E  S  S  I  M  O. 


At  a  General  ASSEMBLY,    held  at  Newbern,    the  Seventh  Day  of 

Gabriel 

Efq;"  Gwer-        Morch,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 

nor.  J 

Six. 


C  H  A  P.     L 

This  Aa  had  its    An  AB  [or  appointing  Commiffiomrs  to  revife  and  print  the  Laws  of  this  Province,  and 
Eff^c"t.  jgy  granting  to  his  Majejly  for  defraying  the  Charge  thereof,    a  Duty  on  Wine,  Rum, 

and  dijlilled  Liquors,  and  Rice,  imported  into  this  Province. 

C  H  A  P.  2.  An  A51  to  repeal  a  Claufe  in  an  Act,  intituled.  An  Ad  for  ereding  the 
upper  Part  of  Craven  County  into  a  County  and  Parifh,  and  for 
appointing  a  Place  for  building  a  Court-Houfe,  Prifon  and  Stocks, 
in  the  faid  County  ;  a7id  the  Claufe  of  an  Act,  intituled.  An  A6t  for 
dividing  Edgcomb  County  and  Parifli,  and  for  eredling  the  upper 
Part  thereof  into  a  County  and  Parifti,  by  the  Name  of  Granville 
County,  and  St.  John's  Parifli,  and  for  appointing  Veftrymen  of 
the  faid  Parifh  ;  which  direct,  that  all  Public,  County,  and  ParifJi 
Levies,  due  from  any  of  the  Inhabitants  of  the  faid  County  <?/ Granville, 
fhall  be  collected  by  the  Sheriff  of  Edgcomb  County  -,  and  that  all  Public, 
County,  and  Parifh  Levies,  due  from  any  of  the  Inhabitants  of  ]ohn- 
fton,  pall  be  collected  by  the  Sheriff  of  Craven  County,  fo  far  as  may 
relate  to  the  Taxes  or  Levies  laid  and  made  payable  for  the  Tear  One 
Thoufand  Seven  Hundred  and  Forty  Six.     O  B  S. 

SIGNED     by 

Gabriel  Johnston,  Efq-,  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 

ANNO 


L-^^iSo/    North-Carolina.  107 


A.  D.    1748. 

^^     kj^   ^/ss   kjw(   ^l^<^    k,M    G^-i^   k.ji(   ^^   kjtt(     W^ 
ANNO     REGNI 

G    E    O    R    G    I    I      II. 

REGIS 

MAGN^  BRITANNIA,  FRANCIiE,  &   HIBERNI.^, 

VICESSIMO     SECUNDO. 

At  a  General  ASSEMBLY,    held    at    Newbern,    the  Sixth  Day  of  Gabriel 

,      .         ,  f.  ,  Johnston, 

Aprils   in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and   Efq;  Gover- 
nor. 

Forty  Eight. 


CHAP.    L 

An  Act  to  appoint  Public  Treafurers.     EXP. 


CHAP.    IL 


An  A£l  for  regulating  the  fever al  Officers  Fees  within  this  Province^  and  afcertaining  the 
Method  of  paying  the  fame,  (a) 


F 


OR  the  better  regulating  the  feveral  Officers  Fees  within  this  Province,  and   o.^icers  Fees  ret. 
to  afcertain  the  Method  of  paying  the  fame ;  *''^'*- 


II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  Enacted,  by  his  Excellency 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejlfs 
Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority  of  the  fame.  That 
it  fhall  and  may  be  lawful  for  the  feveral  Officers  within  this  Province  to  take  and 
receive,  in  Proclamation  Money,  or  Bills  of  Credit,  iuch  Fees  only  as  is  appointed 
by  this  Ad,  for  fuch  Services,  to  wit, 

O  2  The 


(a)  See  Ad  Dec.  1770,  Chap.  19,  for  amending  this  Ail, 


lo; 


L    A   W  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


J.  D.    1748. 


Gcvernct's  Fees, 


His  F  fs  in 

Chancery. 


C^^vcrnnr's     Se- 
cretary's Fe^s, 


Secretary's  Fees. 


1'be  Governor'' s  Fees. 


f Signing  a  Grant  or  Patent  for  Land,  for  1000  Acres,  or  under. 
Every  Hundred  Above  a  Thouiand,  to  Five  Thoufand, 
Signing  Letters  of  Adminiilratiqn,  or  Tcflamentary, 
Proving  a  Will  before  the  Governor, 
For   J  Signing  a  Regiltcr  of  an  undecked  Veflcl,  Shallop,  or  Pettiagua 
Signing  a  Regiftcr  for  a  decked  Veficl, 
Signing  every  Teilimonial,  under  the  Colony  Seal, 
Signing  every  Commiflion  for  a  Fiace  of  Profit, 

LLetters  Patents  of  J3enization, 

Gove;ncr^s  Fees  in  Chancery. 
(-Signing  a  Decree  in  Chancery, 
I  Every  Order,  made  on  Motion,  or  Petition, 
I  Signing  an  Injunction  in  Chancery, 
For   ■{  Hearing  and  determining  every  Caufe, 
Signing  an  Exemplification  ot  a  Decree, 

Difmiffion  ot  every  Bill,    where  the  Caufe  doth  not  come  to  i 
Trial,  and  final  Plearing,  i 

Gcverncr^s  Secretary's  Fees. 
f  Drawing  the  Certificate  for  the  Probate  of  a  Will,   taken  before  1 
the  Governor,  J 

!  Drawing  every  Teftimonial,    to  be  figned  by  the  Governor,    to  ] 
For   ^'  which  the  Colony  Seal  fliall  be  affixed,  J 

Every  Warrant  for  Land, 
The  Great  Seal, 
^The  Small  Seal, 


Proclamation  Mon 
under,     0     6 

d. 
8 

0 

I 

0 

0 

5 

4 

0 

5 

0 

ttiagua. 

0 

7 

6 

0 

13 

4 

0 

5 

4 

0 

10 

0 

0 

10 

0 

0 

10 

0 

0 
0 

I 

7 

4 
6 

2 

0 

0 

0 

5 

0 

The  Chief  Jujlice's  Fees,     (a) 

Clerks  Fees  of  the  General  and  County  Courts,     (b) 

'the  Secretary's  Fees. 
fEvery  Patent  in  Paper,  and  recording,  for  1000  Acres,  or  under,  o 
A  Petition  for  a  Grant  for  a  Patent  for  Land,  and  Order,  inclufive,  o 
Every  Hundred  Acres  above  a  Thoufand,  to  Five  Thouiand,         o 
A  Patent  in  Parchment,  if  required,  and  recording,  o 

A  Warrant  for  furveying  Land,    proving  Rights,    Petition  and  ] 
Order  thereon,  reading  inclufive,  J 

Filing  every  Paper, 

Letters  of  Adminiftration,    or  Letters  Teflamentary,  Guardian- 1 
Ihip  or  Tuition,  if  made  out  by  the  Secretary,  J 

For   ■{  Every  Adminiftration  Bond,  if  taken  by  the  Secretary,  and  re- 1 
cording,  J 

Every  Commiffion  of  the  Peace,  and  military  Commiffion,  to  be  7 
paid  by  the  Public,  J 

Every  Commiffion  for  a  Place  of  Profit, 
A  Dedimus  Potejlatem, 
Searching  a  Record, 
The  Copy  of  a  Patent, 
Letters  of  Denization, 
LEntering  a  Caveat, 


2 

o 

10 


o     o 


054 


0 

5 

4 

0 

I 

4 

0 

0 

7 

0 

I 

4 

0^ 

10 

0 

0 

I 

4 

For 

(a)  Chief  Juftice  allowed  a  Salary,  in  Lieu  of  Fees. 

(hj  Clerks  Fees  regulated  and  afcertained,  by  Ad  Dec.  1770,  Chap.  19. 


L    A   f^  S      of      N  O  K  T  H  -  C  A  R  O  L  I  M  A. 


J  09 


Prodama-ion  Money.     J.   D.   174S. 


For  . 


f  Recording  any  Paper  not  before  mentioned,    or  Copy  of  a  Re- } 
cord,  per  Copy  Sheet,  each  Sheet  containing  Ninety  Words,  I 
For   J  ^^^""^  Teflimonial  paffing  the  Secretary's  Office,  under  the  Co-  7 
j  lony  Seal,  j 

I  Every  Cominimon  of  Oyer  and  Termine",    or  Nifi  Prius,    to  be  i 
L  paid  by  the  Public,  \ 

The  Clerk  of  the  Crown  a:id  Clerk  of  the  Peace's  Fees. 

-Filing  every  Indictment,  or  any  ether  Paper, 

A  Copy  of  an  Indidment,  Information  or  Prefentnienr, 

Recording  the  Coroner's  Inqueft, 

Arraigning  a  Criminal, 

Entering  every  Appearance  or  Default, 

Every  Capias, 

Every  Recognizance,  acknowledged  in  Court,  or  out  of  Court,  | 
if  drawn  by  the;  Clerk,  \ 

Entering  every  Recognizance  en  the  Docket, 

Entering  every  Order  of  Court, 

For  every  Venire  or  Subpoena, 

Adminiftering  every  Oath, 

Entering  the  Jury's  Oath  and  Verdid, 

Entering  up  Judgment, 

Entering  a  Plea, 

A  Search  of  Record, 

A  Copy  of  an  Order  of  Court, 

Calling  the  Defendant, 

Every  Refpit, 

A  Liberate, 

Taking  every  Depofition,  in  Writing, 

Every  Perfon  difcharged. 

Recording  any  Paper  not  before  mentioned,  or  Copy  of  Record,  1 
per  Copy  Sheet,  each  Sheet  containing  Ninety  Words,         i 

Drawing  every  Writ  of  Eledtion,  to  be  paid  by  the  Public, 

Every  Sciere  Facias, 

Writing  a  Warrant, 

For  making  up  every  Record,  and  entering  the  fame  in  a  Book  ^ 
for  that  Purpofe,  per  Copy  Sheet,  each  Sheet  containing  i 
Ninety  Words,  3 

Clerk  of  the  Chancery's  Fees. 

^Filing  every  Bill,  or  other  Paper,  o 
Every  Subpoena,  for  one  or  more  Pcrfons,  if  mentioned  in  the  1 

faid  Subpoena,  j    ° 

An  Injunftion  in  Chancery,                                    i  o 

A  Superfedeas  and  Return,  o 

j  Entering  up  a  Decree,  o 

I  Calling  or  DilmiiTion,  o 

i  Taking  every  Depofition,  in  Writing,  o 

Interrogatories,  if  drawn  by  the  Clerk,  o 

A  Dediraus  Potcjlaton,  to  examine  Witnefles,  o 

Every  Petition  or  Motion,  if  entered  in  Writing,  o 

Recording  of  any  Paper  not  before  mentioned, "^or  Copy  of  Re-  7 


I.    f 


o     o 


For 


cord,  per  Copy  Sheet,  each  Sheet  containing  Ninety  Words 
ig  down  ^     '-''■'-     -"^     ■ 

.Every  Search, 


Setting  down  the  Caufc  for  Hearing, 


o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
I 
o 
o 


o     o 


o     o 


d. 

4- 


Clcrk  of  the 
Crown  and  Clcifc 
ff  the  Peace's 
Fees. 


ChanceryCIeik'a 
Fees. 


P'or 


no 


L  yl  W  S     of    North-Carolina. 


Ji^  D.  1748. 


Public  Regifter's 
Fees. 


Sheriff's  Fees. 


Public  Regijier's  Fees. 


RegifteHng  every  Birth,  Burial,  or  Marriage, 
P       \  Regifrerir.g  a  Conveyance,   or  any  other  Writing,    or  giving  a  7 
^^   i  Copy  thereof,  j    ° 

Every  Certificate  of  Birth,  Burial,  or  Marriage,  o 


Proclamation  Money. 

007 

2        8 

o     6 


'or  ■( 


Sheriff's  Fees. 
("An  Arreft,  o     5 

A  Bail  Bond,  o     i 

Serving  a  Copy  of  a  Declaration,  if  done  by  the  Sheriff,  o     i 

Whipping  any  Perlon,  o     2 

Serving  a  Subpoena,  tor  each  Perfon  named  in  fuch  Subpoena,        o     2 
Pilloring  any  Perfon,  o     5 

An  Attachment,  as  for  an  Arreft,  and  if  further  Trouble  by  movino- 

Goods,  to  be  taxed  by  the  Court. 
Executing  a  Warrant  of  Diftrefs,  or  an  Execution  agamft  the  Body 
or  Goods,    if  not  above  Ten  Pounds,    Proclamation  Money, 
for  each  Pound,  One  Shilling  -,  if  above  Ten  Pounds,  Procla- 
mation Money,  for  each  Pound  above,  o     o 
Imprifonment  for  Felons  or  Debtors,  or  any  other  Perfon,  for  each 
Prifoner /!fr  Day,  for  finding  one  Pound  of  wholefonic  Bread, 
one  Pound  of  wholefome  roafted  or  boiled  Flefli,  and  not  lefs 
than  Two  Quarts  of  trefh  Water,    and  every  other  neceffary 
Attendance,    and  keeping  the  Prifon  clean.    One  Shilling  ;    if 
the  Prifoner  finds  himfelf  Victuals  and  Drink,  then  the  She- 
riff fhall  take  but  o     o 
Summoning,  impannelling,  and  attending  on  every  Jury  in  every  7 

Caufe,  when  a  Special  Venire  Ihall  iffue  by  Order  of  Court,  j    °     5 
Putting  any  Perfon  in  the  Stocks,  and  releafing,  o     o 

A  Commitment,  if  by  Order  of  Court,  or  Mittimus,  o     2 

A  Releafement,  o     2 

Serving  a  Writ  of  PofTelTion  of  Land,  o     7 

Waiting  on  any  Perfon  on  a  Habeas  Corpus^  per  Day,  o     2 

Calling  every  Adlion  each  Court,  o     o 

^Summoning  the  Jury  on  a  common  Venire,  in  every  Caufe,  o     o 

For  Amerciaments  to  the  Jujtices  of  the  County  Courts,     (a) 


ifcieatot's  Fees.    For  cvery  inquifition  and  Return, 


Efcheatcr's  Fees. 


Attorney  Gene- 
lal't  Fees. 


Attorney  General's  Fees. 
For  every  Indidbment  found,  or  Prefentment  made. 
If  Bill  found  Ignoramus^  then  the  Profecutor  jfhall  pay 
For  the  fame  in  the  Count^'^  Court, 
It  found  Ignoramus^  then  the  Profecutor  to  pay 

Judge  of  the  /Idmiraltys  Fees. 
mitaft^'Vpe^^"    ^'^  Cafes  of  Scamens  Wages,  or  other  Suit,  exceeding  Twenty  Pounds 
Value  recovered,  for  the  firft  Day, 
For  every  Day  more  than  one. 
For  a  Warrant  of  Arreft,  or  any  other  Warrant, 
For  admitting  the  Libel,    • 
For  every  Citation, 
F'or  every  definitive  Sentence, 


} 


o  13 
o     1 

O       I 
O       I 

o     5 


I   12 


1  6  8 
o  13  4 
o  13  4 
068 


6     8 


Regi fiefs 


(a)  Juftices  allowed  no  Fees,  it  being  Part  of  their  Oath  of  Office  to  take  none. 


L  A  IV  S    of    North-Caroiina. 


1 1 1 


Regijter's  Fees  in  like  Cajes, 


J.  D. 


Proclamation  Mone)'. 
/.  /  d. 
O 

o 
o 
o 
o 
o 
o 
o 
o 


1-^8. 


For 


f  Filing  every  Paper, 
Regiitenng  a  Libel, 
Regiftcring  an  Aniwer,  or  Replication, 
Taking  every  Affidavit,  in  Writing, 
Regiftcring  a  Decree, 
For   <(' Uilmiffion  of  every  Suit, 
Continuing  every  Suit, 
A  Citation, 

A  Subpoena,  for  each  Evidence, 

For  regiftering  every  I'aper  not  before  mentioned,  or  copying, 
per  Copy  Siieet,  eacli  Sheet  containing  Ninety  Words, 

The  /Advocate's  Fees. 

The  King's  Advocate,  in  every  Caufe  when  he  appears  for  the  King, 
In  every  other  Cafe,  the  fame  as  another  Advocate, 

1'he  MarJlMPs  Fees  in  the  Court  of  Admiralty. 
("Serving  every  Warrant,  and  Return, 
\  Serving  a  Decree,  and  Return,  above  Five  Pounds, 
J  Every  Pound  above  Five  Pounds, 
(^Serving  a  Citation,  Monition,  or  Notice, 

'The  Naval  Officer^s  Fees. 
-Entering  and  clearing  Veflels  not  decked.    Boats  or  Canoes  of  | 

the  Country,  if  bound  to  foreign  Parts,  j 

Entering  and  clearing  decked  Veffcls,  belonging  to  the  Country, 
Entering  and  clearing  foreign  Veflels,    if  under  One  Hundred  -^ 

Tons,    One  Pound  Four  Shillings ;    if  above  One  Hundred  I 

Tons,    to  include  all  Fees,    except  fuch  as  are  in  this  Ad;  ( 

particularly  mentioned,  J 

Taking  Bonds  of  Mafters  of  Veflrls,  to  be  underfl:ood  of  either  i 

Bonds  which  Mafters  of  Vefl^els  are  obliged  to  give,  j 

A  Bond  in  Order  to  obtain  a  Pafs,  fur  People  going  out  of  the  \ 

Country,  and  the  Pafs,  j 

A  Certificate  for  enumerated  Goods, 
A  Certificate  for  Bounty  in  England, 
Signing  a  Permit  for  any  foreign  Veflel,  going  from  one  Diftrid  i 

to  the  other,  within  this  Province,  j 

Signing  a  Permit  for  Country  Veflels,  going  as  aforefaid,  having  i 

t         foreign  or  enumerated  Goods  on  Board,  j 

Colle5lo/s  Fees. 
-Entering  and  clearing  foreign  Veflels,    if  under  One  Hundred  -^ 
Tons,    One  Pound  Four  Shillings ;    if  above  One  Flundred  I 
Tons,  including  all  Bufinefs  incident,  except  fuch  as  are  in  f 
this  Aft  particularly  mentioned,  J 

Entering  and  clearing  open  Veflels  of  the  Country,    if  bound  to  7 
foreign  Parts,  including  as  aforefaid,  I 

For   ^'  Entering  and  clearing  decked  Veflels  of  the  Country,    including  7 
as  aforefaid,  j 

A  Certificate  on  the  Change  of  a  Maftcr, 
V/riting  and  figning  a  Regifter, 
Recording  a  Regifter,  if  required, 
A  Certificate  for  enumerated  Goods, 
.A  Certificate  for  Bounty  in  England^ 


^.egiaci's  Fees. 


004 


2 

n 

4 

Adfocate's  Fees 

I 

10 

0 

0 

^ 

4 

Mjrfliil's  Fees. 

0 

8 

0 

0 
0 

0 
2 

4 
8 

0 

3 

3 

Naval  Officei's 

Fees. 

For  . 


6     8 


I   10 


Collcflot's  Fees, 


I     10 


3     3 


0 

6 

8 

0 

2 

8 

0 

5 

4 

0 

2 

8 

0 

I 

4 

0 

2 

8 

For 


112 


LAWS    of    North-Carolina. 


A.  D.   1748. 


Proclamation  Money. 


(-Signing  a  Permit  for  any  foreign  Veflel,    going  from  one  Diftrid  1 
I  to  another  within  this  Province,  I    ° 

For   ■{  A  Permit  for  Country  Veflels,  going  as  aforefaid,  having  foreign 
j  or  enumerated  Goods  on  Board, 

LA  Permit  to  load  and  unload. 


/.    /     d. 


1° 


Surveyor    Gene- 
ral's  Fees. 


Auditor's  Fees. 


Gbtonet's  Fees, 


o   16 


For 


Surveyor  GeneraVs  Tees, 
c  Entering  a  Warrant,  and  certifying. 
For    \  Surveying  a  Thouland  Acres,  and  under, 
t  Every  Hundred  above  a  Thoufand, 

Auditor's  Fees. 
„       f  Auditing  every  Patent, 

t  Entering  and  certifying  every  Warrant  for  Land, 

Receiver  GeneraVs  Fees. 
Rereiver  Gene-    For  a  Warrant  of  Diftrefs, 

lai's  Fees. 

Coroner's  Fees. 

f  Every  Inquifition,  and  Return,  to  be  paid  but  of  the  Deceafed's  i 

Etlate,  if  no  Eftate,  then  by  the  Country,  j 

I  Each  and  every  Juror,  on  an  Inquifition,  to  be  paid  by  the  Co- t 

{  roncr  out  of  the  Deceafed's  Eftate,  if  no  EiCate,  to  be  paid  [■ 

j  by  the  Country,  J 

The  Conllable,  for  fummoning  each  Juror  on  an  Inqueft, 
LOcher  Services,  the  fame  as  the  Sheriff. 

Clerk  of  the  Council's  Fees. 
fReading  every  Paper  in  Council, 
Entering  every  Oixier  of  Council, 
Every  Search,  or  Copy  of  an  Order  of  Council, 
j  Every  Citation  or  Surnmons, 
j  Adminiftering  every  Oath, 
1  Drawing  every  Petition,  if  drawn  by  the  Clerk, 
Taking  every  Depofition,  in  Writing, 
Filing  every  Paper, 

Recording  every  Paper  not  before  mentioned,    or  Copy  thereof,  \ 
■per  Copy  Sheet,  each  Sheet  contaming  Ninety  Words,  (a)    J 

Officers  to  give  3  V.  AND  he  it  further  EnaEfed^  That  when  any  Perfon  fliall  pay  to  any  OfHcer 
Rictrtf'r'h'''  ^^i'-'''"''  '^'"'i"'  Province,  any  Fees  due  to  fuch  Officer,  the  aforefaid  Officer  fh  ilJ,  on 
Fees.  the  Receipt  of  fuch  Fees,  if  demanded,  give  a  Ticket  of  fuch  Fees,  with  a  Receipt 

for  the  f;me,  under  the  Penalty  of  Five  Pounds. 

Officers  to  keep        VI,     ANP  that  thc  People  may  better  know  what  Fees  are  due  to  the  feveral 

Feesf/tup  in*"'  Officcrs  aforcfaid,  Be  it  further  Enabled.,  by  the  Authority  afcrefaid.  That  each  ref- 
ii«'s'  \Tv'  ^\'  P^*^^^'^  Officer  within  this  Province,  fliall,  within  Three  Months,  next  after  the 
ors's°for^"v'!j  Ratification  of  this  Aft,  fet  up,  in  fome  Public  Place  in  his  Office,  a  Table  of  the 
Day's  Ncgieft.      p^«g  ^[^^j  j-j-j^y  |^g  fakcn  by  fuch  Offi.cer,    according  to  the  DirecStions  of  this  Aft ; 

and  fnall  continually  keep  the  fame  up,    under  the  Penalty  of  Five  Shillings,    for 

every  Day  fuch  I'able  fiiall  not  be  fo  fixed  up. 


Clcrlt  of  the 
Council's  Fees. 


For 


0 

0 

7 

0 

0 

7 

0 

0 

7 

0 

0 

7 

0 

0 

7 

0 

0 

4 

0 

0 

10 

0 

0 

7 

0 

0 

7 

P.'n  ilty  rn   Cffi 
ceni  talcing  I.irijer 


VII. 


^^^.  ^j..    j^^_  ■ --     AND  be  it  further  Enabled,    That  if  any  OQicer  fnall  demand,    extort. 

Fee'.,  o'^rn'-gica-    exsft,  ^  or  rcceivc,    under  Colour  of  his  Office,    any  other  or  larger  Fees  than  what 
ins  tjieir  Duty,     is  particularly  mentioned  in  this  Aft,  or  ffiall  refufe  to  do  the  particular  Service  in 

his 


(a)  The  3(1,  4th,  and  8th  Cl.iufes  of  this  Aft  provided  for,  by  AQ.,  Dec.  1770,  Chap.  19. 


L  A  IV  S    of    North-Carolina. 


JI3. 


his  Office  for  the  Fees  in  this  A6t  expreiTcd,  fuch  Officer  fliall,  for  every  fuch  Of-    ^-  D.  174S. 
fence  or  Default,  forfeit  the  Sum  of  Five  Pounds. 


Fines  how  to  be 
recoveird  and  ap- 
plied. 


IX.  AND  be  it  further  EnaEled,  That  the  feveral  Penalties  in  this  Aft  menti- 
oned, fhall  and  may  be  recovered,  by  any  Perfon  or  Perfons  that  will  fue  for  the 
fame,  before  any  Magiftrate  or  Magiftrates,  or  in  any  Court  of  Record  in  this  Pro- 
vince, Refpect  being  had  to  their  feveral  Jurifdidlions,  as  is  prefcribed  by  Law  for  the 
Recovery  of  other  Debts ;  wherein  no  Elfoin,  Protedion,  Injunftion,  Privilege,  or 
Wager  of  Law,  (hall  be  allowed  or  admitted  of;  One  Half  to  the  Profecutor,  the 
other  Half  to  the  Churchwardens,  for  the  Ufe  of  the  Parifli  where  the  Offence  is 
committed. 

X.  P ROVID  ED  always^  That  all  Profecutions  for  any  Penalty  or  Penalties,  Prf-fecu-ions to 
by  Virtue  of  this  Aft,  fhali  be  commenced  within  Two  Years  after  the  Offence  is  wiihiTrve^s, 
committed,  and  not  after. 

XI.  AND  he  it  further  EnaEied^  ly  the  Authority  aforefaid.  That  no  new  or 
other  Fees  Ihall  hereafter  be  created  or  made,  by  any  Perfon  or  Perfons  whatfoever, 
or  be  demanded,  taken,  or  received,  otherwife  than  fuch  as  fhall  be  eflablifhed  by 
the  Authority  of  the  Governor,  Council,  and  General  AfTembly ;  any  Law,  Cuflom, 
or  Ufage,  to  the  contrary,  notwithflanding. 


No  other  Fees  to 
be  denandcd  or 
taken,  thin  thofe 
fettled  by  Gene« 
ral  Afllnribly, 


XII. 


AND  be  it  further  Enabled,  That  all  other  Aft  and  Afts,  Claufes,  Mat-    Repeaiingciaufc, 


—    —  --  .._,-...--.  ,       ^  -    _     _  — ,   ,^^,  ^.^v... 

ters,  and  Things,  heretofore  made,  relating  to  Officers  Fees,  fo  far  as  is  within  the 
Purview  of  this  Aft,  are  hereby  repealed,  and  declared  to  be  null  and  void,  to  all 
Intents  and  Purpofes. 


CHAP.     III. 

An  Acl  for  laying  a  'Tax  on  the  Inhabitants  of  Granville  County,    and  for  appointing    tuu  a&.  had  its 
Co-n:nijfioners  to  compkat  and  finifJo  the  Public  Buildings  already  begun  in  the  faid   ^'^^^' 
County. 

CHAP.  4.     An  Atl  to  prevent  the  Exportation  of  raw  Hides,  Pieces  of  Hides,  and 
Calf  Skins,  out  of  this  Government.     REP. 


C  H  A  P.     V, 

An  An  to  appoint  Commiffioncrs  to  continue  running  the  Boundary  Line  betvoeen  Edgcomb 
County,  Tyrell,  and  Part  of  Beaufort  Counties. 


'W 


H  E  R  E  A  S  the  Commiifioners,  appointed  by  an  Aft,  intituled,  An  Act 
for  afcertaining  the  Boundary  Line  between  I'yi'ell  County  and  Beaufort 
County,  and  between  Edgcomb  County,  and  Tyrell  County,  and  Beaufort  County,  have 
run  a  dividing  Line  between  Edgcomb  County  and  Tyrell  County,  and  Part  of  Beau- 
fort County,  and  Edgcomb  County,  from  Roanoke  River,  as  far  as  the  Mouth  of 
Chcelis  Mill  Creek,  on  Tar  River,  in  Beaufort  County ;  and  whereas  the  Tax  laid 
and  collefted  in  the  faid  feveral  Counties  for  defraying  the  Charge  of  running  the 
faid  Boundary  Lines,  is  found  infufficient  for  carrying  on  the  fame  : 


Preamble,' 


II. 


W  E  therefore  pray  it  may  be  Enafted,   And  be  it  EnaHed,    by  his  Excellency    Comm;ffinnera 

»'-->  _-„  .  ...         ..  ._-'_-  -'      appointed. 


Gabriel  Johnflon,  Ef/];  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majeftfs 
Council,  and  General  Afemhly  of  this  Province,  and  it  is  hereby  Enabled,  by  the  Authority 
of  the  fame.  That  Mr.  Jofeph  Howell  and  Mr.  Jofeph  Lane,  be,  and  are  hereby  ap- 
pointed Commiffioncrs,  for  finiffiing  the  faid  Line  betv/een  Part  of  Edgcomb,  Beau- 
fort, and  Johnflon  Counties,  already  begun  and  carried  on,  to  the  Mouth  of  Cheek'^ 
Mill  Creek,  in  Beaufort  County,  on  Tar  Riyer ;  and  from  thence  fliall  run,  Avith  a 

P  fcraight 


11^  LAWS    of    North-Carolina. 


A.  D.   1748.    ftraight  Line  to  Conientnee,    at  the  Mouth  of  Tofneat  Swamp,    and  thence  up  the 

Km  -^^iiirf    main  Stream  of  Contentnee^  oppofite  to  the  Mouth  of  Cyprefs  Swamp,  on  'Tar  River ; 

which  faid  Line,  when  run  by  the  Commiflloners  aforefaid,  fhall  be  by  them  entered 

on  Record,  in  the  Court  of  Edgcomh  County  aforefaid,  and  Ihall  hereafter  be  deemed 

and  taken  to  be  the  true  Bounds  of  the  faid  County. 

Tax  to  belaid  to  IIL  AND  for  defraying  the  Expence  of  continuing  the  running  the  faid  Botin- 
defray  the  Ex-  ^^^  Lines,  Bc  it  EfiaEfed^  by  the  Authority  aforefaid^  I'hat  it  fhall  and  may  be  lawful 
for  the  Juftices  of  the  faid  County  Court  of  Edgcomb,  and  they  are  hereby  authorized 
and  impowered,  to  lay  a  Tax  on  all  the  taxable  Perfons  within  the  laid  County,  not 
exceeding  Three  Pence,  Proclamation  Money,  for  defraying  the  Expence  of  finifliing 
the  faid  Line,  and  recording  the  fame  as  aforefaid  ;  which  faid  Tax  fhall  be  paid  and 
collefted  in  the  fame  Manner,  and  at  the  fame  Times,  other  Taxes  are  colleded  and 
paid  in  the  laid  County. 

Repeaiingciaufe.  IV,  AND  be  it  further  EnaBed^  by  the  Authority  aforefaid^  That  all  and  every 
Claufe  and  Claufes  of  the  A61,  intituled.  An  Aci  for  afcertaining  the  Boundary  Line 
between  Tyrell  County^  and  Beaufort  County^  and  between  Edgcomb  County^  Tyrell 
County^  and  Beaufort  County^  fo  far  as  relates  to  running  the  Boundary  Line  between 
Edgcomb  County  and  Beaufort  County,  is  and  are  hereby  repealed  and  made  void,  as 
if  the  fame  had  never  been  made. 

CHAP.     VL 

An  AB  for  defraying  Vermin  in  this  Province.     REP. 

C  H  A  P.  7.  An  Aol  to  enlarge  the  Time  for  the  Commiffioners  of  the  Roads,  appointed 
by  the  A£l  of  Affembly  pajfed  April  the  Twentieth,  One  Thoufand  Seven 
Hundred  and  Forty  Five,  intituled.  An  Ait  to  impower  the  feveral 
Commiflioners  herein  after  named,  to  make,  mend,  and  repair, 
all  Roads  and  Bridges,  Cuts  and  Water  Courfes,  already  laid  out, 
or  hereafter  to  be  laid  out,  in  the  feveral  Counties  and  Diflrifts 
herein  after  appointed,  in  fuch  Manner  as  they  judge  molt  ufcful 
to  the  Public,  to  recover  the  feveral  Sums  due  from  Lefaulters.  REP. 

8.     An  Act  to  provide  indifferent  Jurymen  in  all  Caifes,  both  civil  and  cri- 
minal, and  for  an  Allowance  for  their  Attendance.     REP. 

Provided  for  by  9.     An  Act  to  alter  the  Times  for  holding  the  Courts  for  the  County  of 'New- 

CourtA?  Hanover. 

C  H  A  P.     X. 

An  AoJ  for  granting  unto  his  Majefty  the  Sum  of  Twenty  One  Thoufand  Three  Hundred 
and  Fifty  Pounds,  Proclamation  Money,  and  for  ft  am  ping  and  emitting  the  faid  Sum  of 
Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds,  Public  Bills  of  Credit  of  this 
Province,  at  the  Rate  of  Proclamation  Money  ;  to  be  applied  towards  building  Fortifi- 
cations in  this  Province,  Payment  of  the  Public  Debts,  exchanging  the  prefent  Bills  cf 
Credit,  and  for  making  proper  Provifwn  for  defraying  the  contingent  Charges  of  the 
GovernmejJt ;  and  for  repealing  the  feveral  Laws  herein  after  mentioned. 

PreamWc,  I,  TYTHEREAS  duHng  the  prefent  War  with  France  and  Spain,  this  Province 

W  li!ith  received  great  Damage,  by  the  Enemiies  Privateers  coming  into  the 
Ports  and  Harbours  of  the  fune,  which  are  entirely  defcncelcfs,  and  without  any 
Fortifications,  and  taking  and  carrying  away  the  Veflels  thereout,  and  landing  and 
plundering  the  Inhabitants  :  And  whereas  the  great  Scarcity  of  Currency  is  fuch, 
that  it  is  imprafticable  to  raife  a  Sum  by  an  immediate  Tax  on  the  People,  fuffici- 
ent  for  building  proper  Fortifications,  for  the  Defence  of  the  faid  Ports,  and  to 
difcharge  the  Public  Debts :  Wherefore,  II.  AVE 


L    A   IV  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


"5 


2000I    "1  lie  pa  id 
tiie  N  .iihi.r.'i 
Trealuitr,   t.;r  a 
F"rt,fiwH.^ii      at 
Ocacc^lw  lukt. 


II.  WE  pray  that  it  may  be  Ena6led,  And  be  it  Enacted,  by  his  Excellency  A.  -D.  1748 
Gabriel  Johnlton,  Efq;  Governor,  by  and  -imth  the  Advice  and  Conjent  of  his  Majejty's 
Cou-icil,  and  General  Ajemb'y  of  this  Province,  and  it  is  hereby  Enac'ied,  iy  the 
Authority  of  the  jame.  That  out  of  the  current  iJills  of  Credit  tu  be  enutted  by  this 
Aft,  the  Su:n  of  Two  Thoufand  Pounds  ihail  be  dcpofited  by  the  faid  Commiffion- 
ers,  in  the  Hands  of  '■Thomas  Barker,  Gentleman,  Treaiurer  for  tiie  Northern  Coun- 
ties, or  the  Treafurer  for  the  iaid  Counties  for  the  1  ime  being,  for  the  building  a 
Fortification  at  or  near  Ccaccck  Inlet,  for  the  Satety  ana  Defence  of  that  Harbour  ; 
and  the  CoinmhTioners  hereaker  named  fliall  have  lull  Power  and  Authority  to 
build  the  faid  Fortification,  and  by  Warrant  under  their  Hands,  or  the  Hands  of 
the  major  Part  of  them,  to  draw,  from  Time  to  Time,  out  of  the  Hands  of  the 
faid  Treafurer,  luch  Su^n  or  Sums  of  Money  as  fhall  become  due  to  the  feveral 
Workmen  employed  by  them  in  building  the  laid  Fortification  •,  and  the  faid  Trea- 
furer is  hereby  req  lircd,  on  fucji  Warrant  or  Wan  ants  being  produced  to  him,  to 
pay  the  fa.'.ie  accordingly. 


III.  AND  be  it  further  EnafJed,  That  his  Excellency  the  Governor  and  Corn- 
man  ier  in  Chief  for  the  Time  being,  Mr.  Benjandn  Peyton,  Mr.  Samuel  Smclare, 
Mr.  Francis  Stringer,  Mr.  Janes  MackleiJi-ean,  Mr.  John  Hayzvood,  and  Mr.  Peter 
Payne,  be,  and  are  hereby  appointed  Commiirioners,  l^r  erccliiiig  and  building  the 
faid  Fortification. 

IV.  AN  D  be  it  further  Enabled,  by  the  A.ithority  aforefaid.  That  the  Sum  of 
One  Thoufand  Five  Flundrcd  Pounds  mail  be  dtpulued  by  the  laid  Commiffioners 
in  the  Hands  of  Edzvard  Mo/e'ey,  E!q-,  Treaiurer  for  the  Southern  Counties,  or  the 
Trea  urer  of  the  laid  Counties  tor  the  Time  being,  for  the  building  a  Fortification 
or  Fortifications  at  or  near  OLi  Top-Sail  inlet,  tor  the  Safety  an  1  Deience  of  that 
Harbour;  and  the  CommilFioncrs  hereafter  named  ihail  have  full  Power  and  Autho- 
rity to  build  the  faid  P'ortification  or  Fortifications,  and,  by  V/arrant  under  their 
Hands,  or  the  Hands  of  the  major  Part  of  them,  to  draw,  from  Time  to  Time, 
out  of  the  Hands  of  the  faid  Treaiurer,  fuch  Sum  or  Sums  of'  Money  as  lliall  be- 
come due  to  the  icveral  Workmen  employed  by  them,  in  bulking  the  faid  P'ortifi- 
cation  or  Fortifications  •,  and  the  faid  Treaiurer  is  hereby  required,  on  fuch  Warrant 
or  Warrants  being  produced  to  him,  to  p-iy  tne  laine  accorciingly. 

V.  AND  be  it  further  Ena.'Jed,  That  his  Excellency  the  Governor  or  Com- 
mander in  Chief  for  the  Time  being,  Mr.  Thomas  Lovick,  Mr.  /.rthur  Mabfcn,  Mr. 
John  CHtherall,  and  Mr.  Jofep'.  Bell,  be,  and  are  hereby  appointea  Commiinoners, 
■'or  eredinj;  and  buildino;  the  faici  Fortification  or  Fortifications. 


Cnmmifll  ners 

apDoirred,    for 
bui'ding   the  faid 
Fott. 


li;ool  fnr  a  F'-r- 
t.fic.niinatTtp- 
fail  h,UU 


Commiflioncj* 
appuinced  for  it. 


VI.  AND  be  it  further  Enacted,  by  the  Authority  a''orefaid.  That  the  Sum  of 
Five  Hundred  Pounds  ihail  be  depofited  by  the  laid  ConimiiTioners,  in  the  Hands 
of  the  Treaiurer  of  the  Southern  <^ounties  aforefaid,  or  the  Treafurer  of  the  laid 
Counties  for  the  Time  being,  for  the  building  a  Fortification  at  or  near  Bear  Inlet, 
for  the  Safety  and  Defence  01  that  Harbour ;  and  the  Commiffioners  hereafter  named 
fliall  have  full  Power  and  Authority  to  build  the  laid  Fortification,  and  by  Warrant 
under  their  Hands,  or  the  Flands  of  the  major  Part  of  them,  to  draw,  from  Time 
to  Time,  out  of  the  Hands  of  the  laid  Treafurer,  fuch  Sum  or  Sums  of  Money  as 
fliall  become  due  to  the  feveral  Workmen  employed  by  them,  in  building  the  faid 
Fortification^  and  the  faid  Treafurer  is  hereby  required,  on  fuch  Warrant  or  War- 
rants being  produced  to  him,  to  pay  the  fame  accordingly. 


500 1   for  a  Foit 
at  Bear  Inlet. 


VII.  AND  be  it  further  Ena^ed,  That  his  Excellency  the  Governor  and  Com- 
mander in  Chief  for  the  Time  being,  Mr.  Sannieljohnfion,  Mr.  Edward  H'^Wd,  Jun. 
Mr.  Stephen  Lee,  an  i  Mr.  John  Starkey,  be,  and  are  hereby  appointed  Commiffion- 
ers, for  erefting  and  building  the  faid  Fortifications. 


CommlTi  ncrs 
appointed  for  ifj 


VIII.     AND  be  it  EnaEied,  That  the  Sum  of  Two  Thoufind  Pounds  fliall  be 
depofited  by  the  faid  Commiffioners,  in  the  Hands  of  the  Treafurer  of  the  Southern 

P  2  Counties 


200(^1.  (or*  For* 
at  Cape  Fcai. 


i  i6 


L  A  IP^  S    of    North-Carolina. 


Commiffi 
appJintcd 
tuild  it. 


^.  D.  1748.  Counties  aforefaid,  or  the  Treafurer  of  the  faid  Counties  for  the  Time  being,  for 
the  buil  ling  a  Fortification  at  or  near  the  Mouth  of  Cape  Fear  River,  for  the  Safety 
and  Defence  o'  that  Harbour;  and  that  the  Commiffioners  appointed  by  an  Aft  of 
'"^«  the  General  AfTembly,  intituled,  An  Att  for  erecting  a  Fcriificaticn  on  the  lower  Part 
of  Cape  Fear  River ^  for  applying  thereto  the  Powder  Money  already  crifem,  cr  tvhich  fl^all 
arife,  by  Shipping  coming  into  the  Port  tf/Brunlvvick,  to  be  laid  out  and  applied  towards 
building  a  Fortification  at  Cape  Fear,  fliall  have  full  Power  and  Authority,  by  War- 
rant under  their  Hands,  or  the  Hands  of  the  major  Part  of  ihem,  to  draw,  from 
Time  to  Time,  out  of  the  Hands  of  the  faid  Trtafurer,  fuch  Sum  or  Sums  of 
Money  as  fhall  be  due  to  the  fcveral  Workmen  employed  by  them  in  building  the 
faid  Fortification  •,  and  the  faid  Treafurer  is  hereby  required,  on  fuch  Warrant  or 
Ai-  Warrants  being  produced  to  him,  to  pay  the  fam.e  accordingly  :  And  the  faid 
Treafurers  fhall  be  allowed  One  per  Cent,  for  receiving  the  faid  Money,  and  paying 
the  fame  out  again,  as  aforefaid. 


Trssfurei 
lowance. 


Cnmmiflioners 
jjipointed   fjr  e. 
mitting  21,3:01, 
feais  uV  CKdit. 


Current  Bills  to 
be  exthanged 
v.'uhm  1  Vear. 


Public  Debts   to 
be  paij  by  the 
Commiffijiiers, 


Bills  en/itted  by 
this  Aa,  lawful 
Tender. 


Pen,    on    Coun- 
tcrkiters. 


IX.  A'NT)  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Eleazer  AFen, 
Edward  Mofely,  and  Samuel  Swann,  Efqrs,  and  Mr.  "John  Star  key,  are  hereby  ap- 
pointed, authorized,  and  impowered  Commiffioners,  to  ftamp  and  make  out,  or 
caufe  to  be  ftamped,  with  Copper  Plates,  and  figned  with  their  Hands,  Public  Bills 
of  Credit  of  this  Province,  to  the  Amount  of  Twenty  One  Thoufand  Three  Hun- 
dred and  P'ifty  Pounds,  at  the  Rate  of  Proclamation  Money ;  that  is  to  fay.  Two 
Thoufand  Bills  of  Four  Pence  each.  Two  Thoufand  Bills  of  Eight  Pence  each, 
Two  Thoufand  Bills  of  One  Shilling  each,  Tv/o  Thoufand  of  Eighteen  Pence  each. 
Two  Thoufand  of  Two  Shilhngs  each,  Two  Thou'and  of  Two  Shillings  and  Six 
Pence  each.  Two  Thoufand  of  Three  Siiillings  each.  Two  Thouland  ot  Five  Shil- 
lings each,  Two  Thoufand  of  Six  Shillings  each,  Two  Thouland  of  Seven  Shillings 
and  Six  Pence  each.  Two  Thouland  of  Nine  Shillings  each.  Two  Thoufand  of  Ten 
Shillings  each.  Two  Thoufand  of  Fifteen  Shillings  each.  Two  Thoufand  of  Twenty 
Shillings  each.  Two  Thoufand  of  Thirty  Shillings  each,  Two  Thoufand  of  Forty 
Shillings  each,  and  Two  Thoufand  of  Three  Pounds  each. 

X,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  when  the  afore- 
faid Bills  are  ftamped  and  figned,  the  Commiffioners  aforelaid  fliall,  within  Tweh  e 
Months,  exchange  the  Bills  now  current,  after  the  Rate  of  One  Shilling,  for  Seven 
Shillings  and  Sixpence,  of  thole  which  are  at  prefent  current ;  wiiich  Difference  of 
Seven  Shillings  and  Sixpence,  for  One  Shilling,  Proclamation,  hath  continued  for 
divers  Years  paft,  and  is  at  prefent  the  true  Difference ;  and  that  alter  the  Expiration 
of  the  Twelve  Months  aforefaid,  the  prefent  Bills  of  Credit  fliall  not  be  exchanged, 
nor  fhall  be  a  Tender,  or  taken  in  any  Payment  whatfoever. 

XL  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  out  of  the  Reft 
of  the  Paper  Currency,  to  be  ftamped  and  emitted  by  this  Adf,  the  feveral  Perfons 
to  whom  the  Public  is  Debtor,  according  to  the  Schedule  hereunto  annexed, -ihall 
be  paid  the  Sums  refpeftively  due  to  them  by  the  Com.miffioners  aforefaid,  fo  foon 
as  the  fame  may  be  conveniently  done,  after  the  Bills  by  this  Aft  to  be  emitted  fhall 
be  ftamped  and  figned,  of  which  the  Commiffioners  aforefaid  are  to  give  truly  and 
proper  Notice,  by  Advertifements,  fet  up  at  the  feveral  Court-Hcuies  in  this  Go- 
vernment, that  they  will  attend  at  Newbern,  to  exchange  the  faid  Bills,  and  pay  off 
the  Public  Debts,  during  the  Sitting  of  the  Two  next  fucceeding  General  Courts, 
after  fuch  Notice  fet  up  as  aforefaid. 

XII.  AND  be  it  further  Enacted,  ly  the  Authority  aforefaid.  That  the  Bills  of 
Credit  to  be  emitted  by  this  Aft,  fhall  be  current,  and  a  lawful  Tender  in  all  Pay- 
ments whatfoever,  as  Proclamation  Money,  or  as  Sterling  Money,  at  the  proper 
Diff^erence  there  is  between  Proclamation  Money  and  Sterhng ;  that  is  to  fay,  at 
Four  Shillings,  Proclamation  Mpney,  for  Three  Shillings  Sterling. 

XIII.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Perfon 
or  Perfons  fhall  counterfeit,  alter,  or  crafe,  any  of  the  Public  Bills  of  Credit  of  this 

Province, 


LAWS      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


^'7 


RemiirHcrrf  the 
Public  Munry 
where  to  be  kejt. 


Province,  or  fa:.!!  aid  or  affill  in  counterfeiting,  altering,  or  erafing  fuch  Bills,  or  ^-  D.  1748. 
fhall  utter  any  of  the  faicl  Bills,  knowing  them  to  be  fo  counterfeited,  aliercd,  or 
erafed,  fuch  Ferfon  or  Perfons  fo  offending,  fcali,  for  the  firir  Offence,  be  whipped, 
at  the  Difcretion  of  the  Court,  not  exceeding  Forty  Laflies,  and  ftand  in  the  Pillory 
Two  Hours,  and  have  both  Ears  nailed  to  the  Pdlory  and  cut  off-,  and  for  tii'e 
fecond  O.Tence,  be  deemed  a  Felon,  without  Benefit  of  Clergy,  and  Ihall  be  ad- 
judged and  fufier  accordingly. 

XIV.  AND  be  it  further  EnoS:cd^  by  the  Authority  nf ore/aid^  That  after  the  fe- 
veral  Sums  by  this  A61  directed  to  be  emitted  and  paid,  iliall  have  been  fet  apart  for 
the  Purpofes  before  mentioned,  the  Refidue  and  Remainder  of  the  aforefaid  Sum  of 
Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds,  fhall  be  and  remain  in 
the  Cuftody  and  Keeping  of  Mr.  John  Carmthcrs,  in  Nezvbern^  in  a  lirong  Cheflr, 
well  fecured  with  Iron,  with  Three  diftinft  Locks,  the  Key  of  one  to  be  kept  by 
the  Governor  for  the  Time  being,  another  by  the  Secretary  for  the  Time  being-, 
the  third  by  the  Speaker  of  the  Affembly  for  the  Time  being,  fo  as  the  fame  Bills 
of  Credit  may  be  always  ready  to  defray  the  contingent  Ch.irges  of  Government,  as 
the  Governor,  Council,  and  General  Affembly,  fiiall  diredt ;  and  the  fame  Chefc 
(hall  not  be  opened  for  ilTuing  the  Bills  of  Credit,  but  in  the  Prefence  of  the  feveral 
Perfons  with  whom  the  Keys  are  by  this  Ad  intruifed,  unlefs  otherwife  ordered  and 
directed  by  the  General  Affembly. 


XV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sum  of 
One  Shilling,  Proclamation  Money,  be  annually  levied  on  every  taxable  Pcrfon 
within  this  Province,  and  be  collected  by  the  Sheriff  of  every  refpc-^tive  County,  and 
Ihall  be  paid  ia  Gold,  Silver,  or  Bills  oi  Credit,  on  or  before  the  Firfl  Day  o{ March, 
yearly ;  and  that  all  Perfons  neglecting  to  pay  the  faid  Tax,  at  the  Time  by  Law 
limited,  fhall  be  liable  to  fuch  Diftrefs,  to  be  made  by  the  Sheriff,  as  for  Non-Pay- 
ment of  other  Taxes  ;  and  the  laid  Sheriff' of  each  and  every  County,  on  or  before 
die  Tenth  Day  of  June,  yearly,  fhall  return  a  Lift  of  Taxables,  and  alio  account, 
upon  Oath,  and  pay  into  the  Hands  of  the  Public  Treafurer  of  the  rcfpedtive  Coun- 
ties, all  fuch  Sams  of  Money  as  he  fhall  have  received  by  Virtue  of  this  A6t,  under 
the  Penalty  of  Two  Hundred  Pounds,  Proclamation  Money,  for  every  Default  j 
which  faid  Penalty  fliall  be  recovered  by  Aftion  of  Debt,  Bill,  Plaint,  or  Informa- 
tion, in  the  Supreme  Court  of  this  Province,  by  any  Perfon  who  fhall  fue  for  the 
fame ;  wherein  no  Effoin,  Injunction,  Protection,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of;  the  one  Moiety  to  him  or  them  who  fliall  fue  for  the  fame,  the  other 
to  be  applied  by  the  General  Affembly  of  this  Province,  for  the  Ufe  the  Tax  by  this 
Aift  is  intended  :  And  the  faid  Affembly  fhall  caufe  the  faid  Bills,  fo  paid  in,  to  be 
annually  burnt  and  dcflroyed,  until  the  v/hole  Currency  fhall  be  funk. 

XVI.  AND  v/hcreas  there  are  divers  confiderable  Sums  of  Loan  Money  due 
and  unpaid,  and  the  Power  of  the  Treafurers  to  make  Diftrefs  is  already  expired ; 
Therefore  be  it  Enacted,  That  the  feveral  and  refpeftive  County  Treafurers,  their 
Heirs,  Executors,  or  Adminiftrators,  fhall,  and  are  hereby  impowered  and  autho- 
rized, at  any  Time  hereafter,  to  make  Diftrefs  of  all  Goods  and  Chattels  of  Perfons 
who  are  indebted  for  any  Loan  Money,  or  for  Want  of  fuch  Goods  and  Chattels,  to 
fcize  and  difpofe  of  fuch  mortgaged  Lands,  in  Order  to  difcharge  fuch  Sum  or  Sums 
due  and  in  Arrear  on  fuch  Mortgages ;  the  Expiration  of  any  Law,  to  the  Contrary, 
notwithftanding. 

XVII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral 
County  Treafurers,  their  Heirs,  Executors,  or  Adminiftrators,  fliall  pay,  to  the 
Public  Treafurer  of  the  refpeftive  Counties  in  this  Province,  all  the  Bills  of  Credit 
now  in  their  Hands,  or  which  hereafter  fhall  be  by  them,  or  any  of  them,  refpeftively 
received  ;  and  the  fiid  Public  Treafurer  fhall  account  with,  and  pay  to  the  General 
Affembly,  all  fuch  Sums  of  Money  as  they  fhall  receive  in  Virtue  hereof;  which  fhall 
be  burnt  and  deftroyed  :  And  the  Clerk  of  the  Affembly  fhall  keep  a  fair  Account  of 
5II  Monies  that  fhall,  from  Time  to  Time,  be  paid  in  and  burnt., 

XVIII.  AND 


Tat  tn  ht  hM, 
fr  finking  ths 
B.lis. 


SheilfT  to  retura 
a  Lirt  of  Tjx^- 
b  es,  atiH  act.  unt 
With  the  Trea- 
futer,  un  Hen.  of 

2Col, 


This    Clat.fe   al- 
t  ti:>l,   l-y  Att 
S.pt     1751, 
Ch.  p   4. 

Cvunty  Treafu- 
rtis  to  make  D.f. 
iicfs  <n  D  bi.  t» 
fur  Loan  Money. 


Treafurers  to 

accouu:, 


3i8  Ly^^/So/    North-Carolina. 


J.  D.  1748.        XVIII.     AND  be  it  further  Enailed,  by  the  Authority  aforefaid.    That  the  Com- 

*■ — '.^  '^""'     miflioners  herein  before  appointed,  fhall,  before  they  enter  upon  the  Execution  of 

to'g.'l^'B'.nd!        their  rerpe6live  Offices,  give  in  Bond  to  his  Excellency  the  Governor,  ior  the  Ule 

of  the  Public,  in  the  Sum  of  Three  Thoufand  Pounds,   Proclamation  Money,  each, 

for  the  due  and  faithful  Execution  of  his  Office,  according  to  the  true  Intent  and 

Meaning  of  this  Aft. 

Their  Allowance        ^IX.     AND  be  it  Endued,  by  the  Authority  afcrefaid^  That  the  faid  Commiffi- 

for  tnr.tl.ng  the  n      11    1  ]  ■  J         \     ■     n.  ■    '  \.  •  \  ■  t 

Money.  oners  mall  have  and  receive,    lor  their  iramping,    exchanging,    and  paying  out  the 

faid  Bills  of  Credit,  the  Sum  of  Five  Hundred  Pounds,  Proclamation  Money. 

A£ls  repealed.  XX.     AND  be  it  Ena'^cd^    That  the  Acl,  intituled.    An  AS?,  laying  a  Tax  for 

finking  the  now  current  Bills  of  Credit;  and  alfo  the  Ad,  intituled,  An  .let  for  facili- 
tating the  Navigation  of  the  fever  al  Ports  of  this  Province,  and  for  buoying  and  beaconing 
the  Channe.'s  leading  from  Ocacock  to  Edenton,  Bath  Town,  and  ISewbern,  and  from 
Toplail  Inlet  to  Beaufort  Town,  and  other  Ports  and  Inlets  within  the  faid  Province, 
herein  mentioned,  and  for  providing  fnfficient  Pilots  for  the  fafe  Conduct  of  Viffds;  and 
alfo  the  Aft,  for  raifing  a  Public  Magazine  of  Ammuniticn,  u;  on  the  Tcnc.ge  of  all  Vef- 
fels  trading  to  this  Government ;  and  every  Claufe  and  Claufes,  Article  and  Articles 
of  them  ;  and  alfo  the  Claufe  of  an  Aft,  intituled.  An  Act  for  appointing  Commijf  on- 
ers to  revife  and  print  the  haws  of  this  Province,  and  for  granting  to  his  Majefy,  for 
defraying  the  Charge  thereof,  a  Duty  on  Wine,  Rum,  and  diflilled  Liquors,  and  Rice, 
imported  into  this  Government ;  fo  far  as  it  relates  to  the  collefting  and  receiving  the 
faid  Duties  on  Wine,  Rum,  and  diflilled  Liquors,  be,  and  are  hereby  feverally  re- 
pealed, and  declared  void^  as  if  the  fame  had  never  been  made. 

SIGNED    by 

Gabriel  Johnston,  Efq-,  Governor. 

Nathaniel  Rice,  Prefident. 
Samuel  Swann,  Speaker. 


ANNO 


L  A  t^y  S    of    North-Carolina. 


119 


^.  D.   1748, 


ANNO     REGNI 

G    E    O    R    G    I    1      II. 

REGIS 

MAGN^  BRITANNIA,  FRANCIS,  &  HIBERNI^, 

VICESSIMO     SECUNDO. 


At  a  General  ASSEMBLY,    held    at    Newberjiy    the  Fifteenth  Day    Gabriel 

Johnston* 

of  Oaobtr,    in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred    ^^^    ^°'''^ 
and  Forty  Eight. 


CHAP.     L 

/f«  Act  to  appoint  a  convenient  Place  for  holding  the  County  Court  of  Granville,  and  to 
impower  the  CommiJJiomrs  hereajter  named  to  build  a  Court-Houfe,  Jr'rifcn,  and  Stocks^ 
in  the  faid  County. 


ThisCountyfirce 

d.vided,  aid  ihe 
Ccurt  H'»r..  ,e. 
moved,  the  Act 
therefore  o'gfo  ■ 
Icce, 


CHAP.    II, 

An  Act  for  defraying  the  Ex  pence  of  the  Members  of  his  Majeftfs  Honour  able  Council^  end 
the  Members  of  the  General  /iffernbly  of  this  Province^  in  their  travelling  to,  from,  and 
attending  at  the  faid  Affemblies ;  and  to  compel  their  Attendance, 

I-  Ty^ /  ^  P''~y  t!iat  it  may  be  Enaded,    And  be  it  Enacted,    by  his  Excellency    Allowance  to  the 
Vy     Gabriel  Johnllon,  Ffq;,  Governor,    by  and  -with  the  Advice  and  Ccnfent  of   council  &Mfm. 
his  Majeftfs  Council,    and  General  Affembly  of  this  Province,    and  it  is  hereby  Enacted,    „et!i  Afilt^biy!" 
by  the  Authority  of  the  fame.    That  every  Member  of  his  Majefty's  Council,    and 
every  IVIember  of  the  General  Affembly,  fliall  have  and  receive  Seven  Shillings  and 
Sixpence,  Proclamation  Money,   per  Day,  for  any  Time  he  fhall  ferve  this  prefent 
Scfi'.jn  of  Affembly,    or  any  Time  he  fhall  ferve  in  any  future  Affemblies  of  this 
Prcvlnce,  and  alio  the  Sum  of  Seven  Shillings  and  Sixpence,  Proclamation  Mcnry, 
per  Day,  for  any  Time  he  has  this  Scffion  of  Affembly,  or  hereafter  (hall  be,  in  tra- 
velling to  and  from  any  Affembly  of  this  Province,  and  attending  the  fame,  tooether 
with  reafonable  Allowance  for  his  Ferriages ;  which  Monies,  fo  becomino-  due,  fliall 
be  put  on  the  Eftimate  of  the  Public  Debts,  a  Certificate  of  which  ihall  be  delivered, 

by 


120 


L  A  JV  S    of    North-Carolina. 


A,  D.    1748, 


Penalty  on  Mem- 
bers abfenting 
themfdres. 


Tenalty  for  ab- 
fenting after  Ap- 
pearance, 


Pieamblei 


Bounds  of  the 
Indi.ins  Lands 
confirmed. 


by  the  Clerk  of  the  General  Aflembly,  counter-figned  by  the  Speaker,  to  the  Per- 
fon  to  whom  the  fame  fliall  become  due^  who  is  hereby  required  to  produce  the 
fame  to  his  Excellency  the  Governor  and  Commander  in  Chiel"  for  the  Time  being, 
to  be  by  him  figned :  Which  Certificate  fo  figned,  being  produced  to  the  Public 
Treafurer  or  Treafurers,  fhall  be  a  fufficient  Warrant  for  him,  and  he  is  hereby 
required  to  pay  the  Sum  allowed  in  fuch  Certificate,  out  of  any  Public  Money  in 
his  Hands,  not  before  otherways  appropriated  by  Law  j  which  lliall  be  allowed  to 
fuch  Treafurer,  on  fettling  his  Public  Accounts, 

il.  /1ND  be  it  further  Enacted^  hy  the  Authority  aforefaid^  That  whatfoever 
Member  of  his  Majefty's  Honourable  Council,  or  Member  of  the  General  Affembly, 
fhall  fail  in  making  his  perfonal  Appearance,  and  giving  his  Attendance,  precifeiy 
at  the  Day  limited  by  the  Writ,  or  appointed  by  Prorogation,  fliall  be  fined,  for 
every  Day's  Abfence  during  the  Sitting  of  that  Aflembly,  unlefs  by  Difability  or 
other  Impediments,  to  be  allowed  of  by  the  Council  or  Affembly,  with  Regard  to 
their  refpeftive  Members,  Ten  Shillings,  Proclamation  Money,  per  Day  ;  to  be  re- 
covered by  a  Warrant  from  the  Chairman  of  his  Majefty's  Council,  it  one  of  their 
Board,  and  from  the  Speaker  of  the  General  AflTembly,  for  that  Houfe,  and  direfted 
to  the  MeflTencrer  of  the  refpedive  Ploufe  of  which  fuch  Perlbn  fo  abfenting  is  a 
Member ;  who  is  hereby  impowered  and  required  to  levy  the  fame,  by  Difl;refs  and 
Sale  of  the  Offenders  Goods,  and  to  return  the  faid  Fine  or  Fines  to  the  Governor, 
Council,  and  General  AflTembly  \  which  fhall  be  by  them  applied  to  the  Ufe  of  the 
Public. 

III.  ANB  he  it  further  Enabled,  by  the  Authority  af ore/aid.  That  every  Member 
of  his  Majefty's  Council,  or  Member  of  the  General  Aflembly,  who,  after  making 
his  perfonal  Appearance  as  aforefaid,  fliail  abfent  himfelf  from  the  Service  of  his 
Houfe,  without  Leave  firft  had  and  obtained  irom  fuch  Houfe,  fliall  forfeit  and  pay 
the  Sum  of  Forty  Shillings,  Proclamation  Money,  for  every  Day  he  fliall  fo  ablent 
himfelf;  to  be  recovered,  levied,  and  applied,  as  aforefaid,  and  may  be  fent  for  in 
Cuftody  of  the  Serjeant  at  Arms,  by  a  Warrant  from  the  Chairman  or  Speaker 
aforefaid,  at  his  own  Expence,  and  be  further  liable  to  the  Cenfure  of  the  Haule  of 
which  he  is  a  Member,  for  fuch  his  Contempt. 


CHAP.     III. 

An  Act  for  afcertaining  the  Bounds  of  a  certain  Tract  of  Land  formerly  laid  out  by  Treaty 
to  the  Ufe  of  the  Tufkerora  Indians,  fo  long  as  they,  or  any  of  them,  floall  occupy  and 
live  upon  the  fame  \  and  to  prevent  any  Perfon  or  Perfons  taking  up  Lands,  or  fettling 
within  the  faid  Bounds,  by  Pretence  of  any  Pur  chafe  or  Pur  chafes  made,  or  that  fJjall  be 
7nade,  from  the  faid  Indians.  ^ 

L  TYTHEREAS  Complaints  are  made  by  the  Tujherora  Indians  of  divers 
y  Y     Incroachments  made  by  the  Englifh  on  their  Lands,  and  it  being  but  juft 
that  the  ancient  Inhabitants  of  this  Province  fliall  have  and  enjoy  a  quiet  and  conve- 
^Tiient  Dwelling-Place  in  this  their  native  Country  :  Wherefore, 

II.  W  E  pray  it  may  be  Enaded,  And  be  it  Enacted,  by  his  Excellency  Gabriel 
Johnfton,  Efq-,  Governor,  by  and  with  the  Advice  and  Confcnt  of  his  Majeflfs  Council, 
■  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the 
fame.  That  the  Lands  formerly  allotted  the  Tujkerora  Indians,  by  folemn  Treaty, 
lying  on  Morattock  River,  in  Bertie  County,  being  the  fame  whereon  they  now  dwell, 
butted  and  bounded  as  follows,  viz.  Beginning  at  the  Mouth  of  ^litfnoy  Swamp, 
running  up  the  faid  Swamp  Four  Hundred  and  Thirty  Pole,  to  a  Scrubby-Oak, 
near  the  Head  of  the  faid  Swamp,  by  a  great  Spring  ;  then  North  Ten  Degrees 
Eaft,  Eight  Hundred  and  Fifty  Pole,  to  a  Perfimon  Tree  on  Raquis  Swamp  -,  then 
along  the  Swamp  and  Pocofon  main  Courie,  North  Fifty  Seven  Degrees  Weft,  Two 
Thoufand  Six  Hundred  and  Forty  Pole,  to  a  Hickory  on  the  Eaft  Side  of  the  Fal- 
ling 


LAWS      of      N  O  R  T  II  -  C  A  R  O  L  I  N  A. 


12  r 


ling  Run,  or  Beep  Creek,  and  down  the  various  Courfes  of  the  fliid  Run  to  Morat- 
tock  River  ;  then  down  the  River  to  the  firft  Station  ;  lliall  be  confirmed  and  allured, 
and  by  Virtue  of  this  A6t  is  confirmed  and  afllired,  unto  James  Blo:nt,  Chief  of  the 
Tujhrora  Nation,  and  the  People  under  his  Charge,  their  Heirs  and  Sucecflbrs,  for 
eva'i  any  Law,  Ufage,  Cultom,  or  Grant,  to  the  contrary,  notwithllandino-/ 


17^3. 


I.     PR  0  FID  E  D  always.  That  it  fhall  and  may  be  lawful  for  any  Perfon  br   P=^f"ns  having 
)ns,    that  have  lormerly  obtained  any  Grant  or  Grants,    under  the  late  Lords    ^n'oTcl't'orof 


III. 

Perlons,  ^  ^  _  _.  ,    „„„^.   .,,^  lui^  ^.^^.^3 

Proprietors,    for  any  Tracts  or  Parcels  of  Land  v/ithin  the  aforefaid  Boundaries,    'he  in^vIZ 
upon  the  faid  Indians,  deferting  or  leaving  the  faid  Lands,  to  enter,  occupy,  and 
enjoy  the  iame,  according  to  the  Tenor  oftheir  feveral  Grants  j  any  Thina  herein 
to  the  contrary,  notwithitanding.  ^  ' 

IV.  AND  he  k  further  Enacted,   hy  the  Authority  aforefaid.   That  it  fhall  not   Indian,  not   t„ 
nor  may  be  lawtul,  tor  the  Lord  Granville's,  Receiver  to  alk,  have  or  demand,  any    ^'^  Q^''"^"". 
Qiutrents  for  any  of  thj  faid  Tracts  or  Parcels  of  Land,    taken  up  within  the  faid 

Indian  Boundaries,  as  aforefaid,  until  luch  Time  the  Indians  have  dcferted  the  f^me 
and  the  Patentee  be  in  PoffcfTion  thereof;  and  then  only  for  fuch  Rents  as  fliall  frorn 
thence  arife  and  become  due ;  any  Law^  Ufage,  or  Cultom,  to  the  contrary,  not- 
withflanding. 

V.  AND  be  it  frther  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon,  for  P^natty  on  f^r- 
any  Confideration  whatloever,  fhall  purchafe  or  buy  any  Tracl:  or  Parcel  of  Land,  ^s  't 'ihl'C 
claimed,  or  in  PofTeffion  of  any  Indian  or  Indians,    but  all  fuch  Bargains  and  Sale    °'^"^- 

fhall  be,  and  are  hereby  declared  to  be  null  and  void,  and  of  none  Eheft ;  and  the 
Perfon  fo  purchafing  or  buying  any  Land  of  any  Indian  or  Indians,  fhall  further 
forteit  the  Sum  of  Ten  Pounds,  Froclamation  Money,  for  every  Hundred  Acres  by 
him  purchafed  and  bought ;  one  Half  to  the  Ufe  of  the  Public,  the  other  Half  to  him 
or  them  that  fhall  iue  for  the  lame ;  to  be  recovered  by  Adion  of  Debt,  Bill,  Plaint, 
or  Information,  in  any  Court  of  Rrcord  within  this  Government,  wherein  no  EfToin^ 
Proteflion,  Injunction,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 

VI.  AND  he  it  further  Enacted,  by  the  Authority  afrefaid.  That  all  and  every 
Perfon  and  Perfbns,  other  than  the  laid  Indians,  who  are  now  dwelling  on  any  of  the 
Land  within  the  Bounds  above  mentioned,  to  have  been  allotted,  laid  our,  and  pre- 
fcribed  to  the  faid  Tufkcrora  Indians,  fhall,  on  or  before  the  Twenty  Fifth  Day  of 
March,  next  enfuing  the  Ratification  of  this  A6t,  remove  him  or  herfelf  and  Family 
off  the  faid  Land,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  : 
And  if  any  Perfon  or  Peribns,  other  than  the  faid  Indians,  fhall  negled  or  refufe  to 
move  him  or  herfelf  and  Family  off  the  faid  Lands,  on  or  before  die  faid  Twenty 
Fifth  Day  of  March  next  -,  and  if  any  Perfon  or  Peribns,  other  than  the  faid  Indians, 
fliall  hereafter  prefume  to  fetde,  inhabit  or  occupy,  any  of  the  faid  Lands  hereby 
allotted  and  alligned  for  the  faid  Tujkerora  Indians  ;  fuch  Perfon  or  Perfons  fhall 
forfeit  the  further  Penalty  of  Twenty  ShilHngs,  Proclamation  Money,  for  each  and 
every  Day  he,  Ihe  or  they,  Ihdll  inhabit  or  occupy  any  Lands  within  the  fliid  Indian 
Bounds,  after  the  faid  Iwenty  Fifth  Day  of  March  next ;  the  faid  Penalties  to  be 
recovered  and  applied  in  tiie  fame  Manner  as  the  Penalty  in  this  Adt  firft  above 
mentioned. 


Perfons  Trti-'f  d  rn 
the  Indians  Lnndl 
tn  remove,  on  a 
Penalty. 


\  II.  AND  whereas  the  faid  Lands  belonging  to  the  ruficrcra  Indians,  have 
been  lately  laid  out  and  new  marked,  by  George  Goulde,  Efq;  Surveyor  General,  at 
the  Requeft  of  the  faid  Indians ;  Therefore  be  it  Enacled,  That  the  faid  George  Goulde 
Llq;  have  and  receive,  for  the  Trouble  and  Expence  he  hath  been  at  in  laving  out 
and  marking  the  Indians  Land  aforefaid,  the  Sum  of  Twenty  Five  Pounds  '^  - 
clamation  Money  •,  to  be  paid  by  the  Public  out  of  the  Monies  in  the  Public  Trafury. 

VIII.     AND  whereas  the  Indians  complain  of  Injuries  received  from  \  -ople 
driving  Stocks  of  Horfes,  Cattle,  and  Hogs,  to  range  on  their  Lands ;  for  Remedy 

Qs.  whereof 


SnrvPVOf's  FfP, 
f  T  laving  ont  the 
Indians  Land;. 


122  L  A  JV  S    c/    North-Carolina. 


J.  D.  1748.    whereof,  Be  it  Enabled,  That  the  Perfons  driving  Stocks  to  range,  or  Stocks  adually 

^ ^^"7*     ranging  on  the  Indians  Lands,  ihall,  and  are  hereby  declared  to  be  hable  and  fubjcft 

ranging  Stocks  to  the  Hke  Penalties  and  Forfeitures,  and  may  be  procee;  ;ed  againft  in  the  fame  Manner^ 
I"nds"^  ^"'^"'^  ^""^  fubje6l  to  the  fame  Recoveries,  as  by  the  Law  of  this  Province  Stocks  driven 
or  ranging  upon  any  white  People's  Land  are  liable  and  fubjedt  to  -,  and  the  faid 
Indians  fhall  and  may  enjoy  the  Benefit  of  the  Laws  in  that  Cale  made  and  provided, 
in  the  fame  Manner  as  the  white  People  do  or  can  ;  any  Law,  Ufage,  or  Cuftom, 
to  the  contrary,  notwithftanding. 

CHAP.     IV. 

An  A51  for  forming  a  Rent -Roll  of  all  the  Lands  holden  in  this  Province^  fcr  quieting  the 
Inhabitants  in  their  Pojfejfions^  and  for  diretiing  the  Payment  of  ^.itrents.    REP. 

C  H  A  P.  5.     An  Atl  to  appoint  an  Agents    to  follicit  the  Affairs  of  this  Province  at 
the  fever al  Boards  in  England.     EXP. 

6,  An  Auf  for  the  better  regulating  the  Town  of  Newbern,  for  fencing  the 
fame^  and  feciiring  the  Titles  of  the  feveral  Perfons  who  hold  hots  in 
the  faid  Town.     R  E  P. 

Thi«  Afthaditj  7.     An  A51  to  alter  and  amend  an  AH,   intituled.  An  Aft  for  appointing 

^ff*^^*  Commiflioners  to  revife  and  print  the  Laws  of  this  Province,  and 

for  granting  unto  his  Majefty,  for  defraying  the  Charge  thereof, 
a  Duty  on  Wine,  Rum,  and  diftilled  Liquors,  and  Rice,  imported 
'     into  this  Province. 

SIGNED     by 

Gabriel  Johnstok,  Efq-,  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


<*>    <*>    <*>    <*>    ■{*>    <*> 

<*>    <*>    <*>    <*>    <*> 

«(*>    <*>    <*>    <*> 

<*>    <*>    <*> 

«(*>    <*> 


-^NNO 


Ly^/r«So/    North-Carolina*  123 


^.  D.    1749. 


>^  ^^  ^^   ^-^   5^^   ^-^    k.j»^    ^^  ft  ^^   ^^   ;fc^^  #% 
ANNO     REGNI 

G    E    O    R    G    I    I       II. 

REGIS, 

MAGN.E     BRITANNIA,     FRANCIiE,    &     HIBERNIiE, 

VICESSIMO     SECUNDO. 


At  a  General  ASSEMBLY,  held  at  Newbern,  the  Fourteenth  Day  of    ^ ... 
Aprils  in  the  Year  of  our  Lord  One  Thoufand'  Seven  Hundred  and  Forty    Efq;   Cover- 


nor. 


Nine, 


CHAP.     L 

An  additional  Act  to  an  Act,  intituled.  An  Aft  for  forming  a  Rent-Roll  of  all  the 
Lands  holden  in  this  Province,  for  quieting  the  Inhabitants  in  their  Poflefllons, 
and  for  directing  the  Payment  of  Quitrents.     REP. 


C  H  A  P.     II. 

See  Afl  Nov. 

An  Act  for  the  Relief  of  poor  Debtors,  as  to  the  Iniprifonment  of  their  Perfons.  for  aierding  thii 

!  Aft. 

I.  T)  E  it  Enacted,  by  his  Excellency  the  Governor,    Council,    and  General  Affembly  of 

J3  ^^^^  Province,    That  if  any  Handicraft  Tradefman,    or  any  other  Perfon    p^j^,^^^,  ^^^ 
whatloever,  lliall  be  in  Prifon  within  this  Province,  on  mei'ne  Procefles,  or  Execution,    d  i>r  pioving 
for  any  Debt  above  Forty  Shillings,    Proclamation  Money,    and  hath  no  vifible    ',^„^7h''lor  w 
Eftattr,    real  or  perfonal,    and  fhall  make  Oath,    before  the  Court  of  the  County    be  fet  at  Liberty, 
where  he  is  in  Prifon,  or  in  the  Vacation,  before  fome  Two  Juftices  of  the  Peace 
for  that  County,    being  both  prelent  together,    the  Creditor  or  Creditors  at  whofe 
Suit  he  is  confined  being  firll  perfonaliy  fummoned  to  appear  at  the  fame  Time, 
That  he  hath  not  the  Worth  of  Forty  Shillings  Sterling  Money,    in  any  worldly 
Subftance,  either  in  Debts  owing  to  him,  or  otherwife  howfoever,  over  and  belides 
his  wearing  Apparel,  working  lools,  and  Arms  for  Mufter -,    and  that  he  has  not, 
at  any  Time  fince  his  Imprifonment,  or  before,  directly  or  indiredly,  fold,  afTigned, 
or  otlierwifc  difpofed  of,  or  made  over,  in  Truft  for  himfelf  or  otherwiie,  any  Part 
of  his  real  or  perfonal  Eftate,  whereby  to  have  or  expeft  any  Benefit  or  Profit  to 
himfelf,  or  to  defraud  any  of  his  Creditors  to  whom  he  is  indebted  ;  and  if  there  be 
no  Perfon  prefent  that  can  prove  the  contrary,  then  fuch  Perfon,  by  fucii  Court  or 
Juftices,    without  Form  of  Trial,    fliall  immediately  be  fee  at  Liberty,    and  fliall 

0^2  ftand 


J 24  Ly^^So/    North-Carolina. 

J.  D.  1749.  ftand  for  ever  difcharged  of  all  fuch  Debts  fo  lued  for,  and  all  Cofts  of  Suit :  But  in 
Cafe  fuch  Perfon  Ihall  afterwards  be  difcovered  to  have  fwcrn  fallely,  he  fhall  be 
indided  for  Perjury  •,  and,  if  convicted,  fhall  lofe  both  his  Ears  in  the  Pillory,  and 
be  liable  to  fatisfy  the  Debt  and  Damages. 

jufticcsto  put  II.     AND  he  it  further  Enacted,  That  the  Juftices  of  the  Peace,  when  the  Pro- 

the  Proceedings  ceedlngs  arc  before  them  out  of  Court,  fliall  put  the  fame  in  Writing,  under  their 
Writing/and  Hands,  and  return  the  fame  into  the  Court  from  whence  the  Execution  ifiucd,  there 
make  Return  t^o  ^^  j^^  j^^pj.  ^^  Record,  Under  the  Penalty  of  Five  Pounds,  Proclamation  Money,  for 
ofsi.'  "    each  Jultice,    for  fuch  his  Omiflion  or  Negled;    to  be  paid  to  the  Perfon  injured, 

by  Order  of  the  faid  Court. 


PerfonsinFxecu-  \\i^  AND  be  it  further  Enacted,  That  if  any  Perfon  charged  in  Execution  for 
uplhTi? Ef^as'  any  Sum,  in  any  Prilbn  within  this  Province,  fhall  be  mindtd  to  deliver  up  all  his 
t>y  Petition  to  Eflcfts  to  hls  Or  hcr  Creditors,  it  fhall  be  lawful  for  iuch  Prifoner  to  prefer  a  Petition 
to  the  Court  from  whence  the  Procefs  iffued,  fetting  forth  the  Caufe  of  Imprilon- 
meni,  and  an  cxa6l  Account  of  his  or  her  Eftate,  and  all  Circumftances  relating 
thereto ;  and  on  fuch  Petition,  the  Court  fhall  order  the  Priloner  to  be  brought, 
and  the  Creditors  at  whofe  Suit  he  is  charged,  to  be  fummoned ;  and  on  the  Day 
of  Appearance,  if  any  of  the  Creditors  neglect  to  appear,  on  Proof  n  ade  of  the  due 
Service  of  the  Court's  Order,  the  Court  fhall  proceed  to  examine  the  Matter  of  the 
Petition  in  a  fummary  Way,  and  fhall  tender  to  fuch  Ptrion  an  Oath,  to  the  EfTcdl 
following : 

b^'thI"D4to'''"  T  ^'^' do  fo'emnly  fwear,  in  the  Trefence  of  Almv;hty  Gcd,  That  the  Account  by  me 
J|_  delivered,  with  my  Petition,  into  this  Court,  doth  contai7i  a  full  and  true  nccount  of 
all  my  real  and  perfonal  Eftate,  Debts,  Credits,  and  Effects,  whatfcevcr,  which  I,  cr  any 
in  Truft  for  me,  have,  or  at  the  Time  of  my  faid  Petition  had,  or  now  can,  or  then  was, 
in  any  Rejpect,  intituled  to,  either  in  Pcffjficn,  Remainder,  or  Rcverficn  (except  my 
wearing  Ai,  par  el  for  myfeU  and  Family,  and  the  Tools  or  Infirm  i.tnts  for  my  Iradc,  ar:d 
Arms  for  Mufter)  and  that  I  have  not,  at  any  Time  fnce  my  Imprijcnment,  or  befoi  e, 
directly  or  indirectly,  fold,  aliened,  affigned,  cr  otherwif  diJicfed  of,  cr  made  ever,  in 
Truft  for  myfelf,  cr  otherwije,  other  than  is  mentioned  in  fuch  Account,  any  Part  of  r,j 
Lands,  Eftate,  Goods,  Stock,  Money,  Debts,  cr  it'.er  real  cr  perfonal  Eftate,  whereby - 
to  have  or  expect  any  Benefit  or  Profit  to  myfelf,  or  to  defraud  anv  of  my  Creditors  to  whom 
lam  indebted.  SO  Pi  E  LP  ME  GOD. 

Proceedings  to  be        IV.     AND  be  it  further  Enacted,  That  if  fuch  Ptrfcn  take  fuch  Oath,  and  the 
sweldVr^'n^      Creditor  be  fatisfied  with  the  Truth  thereof,    the  Court  may  order  the  Eficds  con- 

Nnrrtnder,    and  _  ,  '  ^  J  ^ 

Oath  tjken.  taincd  in  fuch  Account,  or  fo  much  rs  may  be  fufficient  to  fatisfy  the  Debts  and 
Fees  due  to  the  Jailor,  to  be,  by  an  Indorfement  on  the  Back  of  tlie  Petition,  figned 
by  the  Prifoner,  affigned  to  the  Creditor  or  Creditors,  or  to  one  or  note  ol  them, 
in  Trufb  for  the  Reft;  and  by  fuch  Afllgnment,  the  Eflate  and  Property  cf  the 
Lands,  Goods,  Debts,  and  Effects,  fhall  be  vefbed  in  fuch  Creditor  or  Creditors, 
in  Trufl,  as  aforefaid ;  and  the  Prifoner  fliall  be  difcharged  out  of  Cultcdy,  by 
Order  of  the  Court,  without  Fee;  and  the  Perfon  or  leiions  to  whom  the  Efflfis 
fliall  be  affigned,  paying  the  Fees  to  the  Jailer,  fliall  divide  the  Effedls,  in  Propor- 
tion to  their  Debts :  But  if  the  Perfon  or  Perlbns  at  whofe  Suit  the  Prifoner  is  in 
Execution,  fhall  defire  Time  to  inform  him,  hcr,  or  thcmfelves,  the  Court  fhall 
remand  the  Prifoner,  and  dire6t  him,  and  the  Perfon  or  Perfons  diffatisfied,  to  ap- 
pear, at  a  Day,  in  the  next  fucceeding  Court ;  and  if  at  fuch  Day  the  Creditor  or 
Creditors  make  Default,  or  if  he,  fhe,  or  they,  be  unable  to  make  Difcovery  of 
any  EfTefts  of  the  Prifoner  omitted  in  his  Petition,  cr  to  flitw  any  Probability  of  his 
having  been  forefworn,  the  Court  fliall  caufe  the  Prifoner  to  be  difcharged,  unlefs  iuch 
Creditor  or  Creditors,  on  his  being  detained,  agree,  by  Writing,  to  pay  tlie  Prifoner 
Ten  Shillings,  Proclamation  Money,  by  the  Week,  to  be  paid  v/eckiy,  fo  long  as 
he  or  flbe  fnall  continue  in  Prifon,  at  his,  her,  or  their  Suit ;  and  on  Failure  of 
Payment,  the  Prifoner  fliall,  on  Application  m.ade  to  the  Court,  be  difcharged  by 

Order: 


L    /I  W  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  )  2  > 

Ordtr:  And  in  Cafe  the  Prifoner  fliall  refule  to  take  the  Oath,  or  fliaii  be  dcLedcd    ^-  1>-  1749. 
of  Faifity  therein,  he  fnail  be  remanded.  ''-     ^'       ' 

V,  AND  be  it  further  Enacted^  That  the  Perfon  of  every  Debtor  fo  difcharged.  Debtor  free  from 
fhall  never  after  be  arrcfted  for  the  fame  Debt;  but  the  Judgment  fhall  remain  in  fuJhofb't?'^  *"' 
Force,  and  Execution  may  be  taken  out  againil  his  Lands  or  Goods  (his  wearing 

Apparel  for  himfeif  and  Family,  Tools  for  his  Trade,  and  Arms  for  IVIuller,  ex- 
cepted.) 

VI.  AND  be  :t  further  Ena^ed^  That  if  any  Perfon  who  Ihall  take  fuch  Oath,  Debtor  commit- 
Ihall,  upon  Indiflment  of  Perjury,  be  convidled  thereon,  he  fliall  fuffcr  all  Pains  of  lo^havTth'  b". 
wih'ul  Perjury,  and  fliail  be  liable  to  be  taken  on  a  new  Proceis ;  and  Ihall  never  "^fic  oi  this  aa, 
after  have  the  Benefit  of  this  Aft. 

Vn.     AND  be  it  further  Enabled,  That  if  the  Effcfts  afligned  ihall  not  extend  ^ff^«=  ";'  ^-^^ 

to  fatisfy  the  whole  Debts  due  to  the  Perfon  or  Perfons  at  whofe  Suit  fuch  Prifoner  tHbite  in  i''r"- 

was  charged,  and  the  Fees,  there  fliall  be  an  Abatement  in  Proportion  ;    and  the  po^'"^"- 
Jailer  fhall  come  in,  as  a  Creditor,  for  his  Fees. 

VIII.     AND  be  it  further  Ena^ed^    That  no  Perfon  charged  in  Execution  fhall  f  ?'''? ''•,h'" "' 

hi  allowed  to  petition  by  Virtue  of  this  A6t,    unlefs  fuch  Prifoner  do  exhibit  his  Cx  Months. 
Petition  to  the  Court  from  whence  the  Execution  ilTued,    within  Six  IVIonths  after 
fuch  Perfon  Ihall  be  fo  charged  ni  Execution. 

TX.     AND  be  it  frther  Ena^ed,  That  v/here  by  this  Aft  an  Oath  is  required,    Qii^'-fr''  ^ffir- 
the  fjlemn  xViBrmation  of  a  Qiiaiver  fliall  be  taken,  in  Lieu  thereof;    and  every 
Perfon  convifted  of  v/iiful  and  falle  affirming,  fliall  fufFer  the  like  Penalties  as  for 
wilful  and  corrupt  Perjury. 


CHAP.     III. 

An  A^  for  the  Encoura^^ement  of  James  Davis,  to  fet  np^  and  carry  on.,  his  Biifinefs  of 
a  Printer.,  in  this  Province  \  and  for  other  Piir^ofes  therein  mentioned,     E  X  P. 

CHAP.     IV. 

An  AJI  dircriing  the  Method  for  cutting  or  docking  hit  ails  of  f  nail  Efiates. 

I.  T'^THEREAS  divers  Perfons  are  feized  of  fmall  and  inconfiderable  Pieces    preamble; 

VV  of  Land,  in  Tail,  often  ignorantly,  without  Defign,  devifed  in  Tail,  by 
their  Aucciiors  ;  and  the  Method  of  defeating  fuch  Eftates  in  Fee-Tail,  general  or 
fp^cial,  within  this  Province,  by  Aft  of  General  AflTembly,  in  fucli  particular  Cafe 
to  be  made  and  provided,  is  found  too  expenfive  for  poor  People  feized  of  fuch 
Lind  to  go  through  with ;  and  therefore  the  docking  Intails  by  fome  eafier  jVTethod 
v.'ili  be  a  great  Relief  to  fuch  poor  People  and  their  Families,  whereby  they  would 
be  enabled  to  puich.ife  other  more  improveable  Lands  and  Slaves : 

11.  W  FI E  R  E  FO  R  E  we  humbly  pray  your  mod  Sacred  Majefty  that  it  may  Mchnd  rf  Hock. 
be  EnaftcJ,  And  be  it  Ena^ed^  by  his  Excellency  the  Governor^  Coiini.il,  and  General  '"t  i""''^- 
Affeinbly  of  this  Province,  That  it  fliall  and  may  be  lawful  for  any  Perfon  or  Perfons, 
Icized  in  Fee-Tail,  general  or  fpecial,  of  or  in  any  Lands  or  Tenements  v/ithin  this 
Province,  not  excecJing  the  Value  of  Fifty  Pounds  Sterling  Money,  and  not  being 
Parcel  of,  or  contiguous  to,  other  intailed  Lands  of  the  fame  Parties,  to  fue  out  a 
Vv''rlt  from  the  Secretary's  OiHce,  in  the  Nature  of  an  Ad  quod  Damnum,  direfted  to 
tlie  SheriiT  of  the  County  where  fuch  intailed  Lands  lie,  commanding  him  to  enquire, 
by  good  and  lawful  Men  of  his  County,  of  the  Value  of  fuch  Lands,  and  v/hether 
th.^y  be  Parcel  of,    or  contiguous  to,    other  intailed  Lands  of  the  fame  Party,    as 

aforefaid ; 


J26  L  A  IV  S    of    North-Carolina. 


jl.  D.  1749.  aforefaid;  and  fuch  Sheriff  fhall  return  his  Inquifitiort  to  the  faid  Office:  And  if 
the  faid  Lands  fhall  be  found  not  to  exceed  the  Value  aforefaid,  and  to  be  a  feparate 
Parcel,  as  aforefaid,  then  a  Deed  of  Bargain  and  Sale,  reciting  the  Title  of  fuch 
Inquifition  (wherein  a  valuable  Confideration  fhall  be  exprelfed,  and  bona  fide  paid) 
acknowledged  by  the  Party,  or  proved  by  two  WitncfTes,  before  the  Chief  Juftice,  or 
any  of  the  Aflbciate  Judges,  or  in  the  Court  of  the  County  where  fuch  Lands  may 
lie,  within  Six  Months  after  the  Date  thereof,  and  regiflered,  within  Twelve  Months, 
in  the  County  where  fuch  Lands  lie,  Ihall  be  fufficient  in  Law  to  pafs  the  Fee-Simf)le 
Eftate  of  fuch  Lands  to  the  Purchafer  or  Purchafers  thereof-,  and  the  Right  of  the 
Iffue  of  the  Vendor,  and  all  other  Perfons  in  Remainder  or  Reverfion,  fhall  be  barred 
in  the  fame  Manner  as  the  fame  Eftate  might  be  barred  by  Fine  and  Recovery,  ac- 
cording to  the  Laws  of  England. 

S  I  G  N  E  D    by 

Gabriel  Johnston,  Efq-,  Governor 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


ANNO 


LAWS      0/     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  12/ 


ji.  D.    1749. 


ANNO     REGNI 

G    E    O    R    G    I    I      II. 

REGIS 

MAGNiE  BRITANNIiE,  FRANCI/E,  &   HIBERNI^, 

VICESSIMO     TERTIO.     . 


At  a  General  ASSEMBLY,    held    at    Newbem,    the  Sixteenth  Day   Gaekiel 

Johnston, 

of  OBober,    in  the  Year  of  our  Lord  One  Tho^fand  Seven  Hundred   ^o?/   ^"''^ 
and  Forty  Nine. 


CHAP.    L 

An  A5t  to  put  in  Force  In  this  Province  the  feveral  Statutes  of  the  Kingdom  0/ England, 
or  South  Britain,  therein  particularly  mentioned.     R  E*?. 

C  H  A  P.  2.  An  Act  to  revive  a  Claufe  in  an  Act  of  the  General  AJfembly  of  this  Pro- 
vince, intituled.  An  Aft  to  fix  a  Place  for  the  Seat  of  Govenvr.ent, 
and  for  keeping  Public  Offices ;  for  appointing  Circuit  Courts, 
and  defraying  the  Expence  thereof;  and  alfo  for  eftablifhing  the 
Courts  of  Juilice,  and  regulating  the  Proceedings  therein  ;  paffed 
the  Fifth  Day  0/ December,  One'fhoiifand  Seven  Hundred  and  Forty 
Six.     EXP. 

3.  An  additional  Act  to  an  Act,  intituled.  An  Aft  to  provide  indifferent 

Jurymen  in  all  Caufes,  both  civil  and  criminal,  and  for  an  Allow- 
ance for  their  Attendance.     REP. 

4.  An  Act  for  altering,  explaining,  and  continuing  an  Act,  intituled.  An   E*?'"'' ^^^ "''' 

Aft  for  the  better  regulating  the  Militia  in  this  Government. 

5.  An  Act  to  appoint  a  Public  Treafurer,  in  the  Room  of  Edward  Mofeley, 

£/ji  deceafed.     EXP. 


CHAP, 


128 


Obfolete,  all  but 
the  3d,  4th,  anil 
5th  ScfilOQS. 


What  Specie  the 
fevetal  Fines  are 


LsWs  lepealed, 
&c.  and  Titles 
to  be  pririted. 


All  Things  here- 
(ofore     di>ne     by 
"\{irtue  of  the 
Laws  now  re- 
pealed,  &c.     de- 
tliXKH  valid. 


LAWS    of    Nokth-Carolina, 


ji.  D.    1749. 


CHAP.     VL 


/in  Act  to  confirm  the  feveral  Acts  of  Affembly  of  this  Province  therein  mentioned^  as 
revifed  by  the  Commijfioners  appointed  by  an  Act  of  the  General  Affembly  of  this  Pro- 
vince, intituled.  An  Aft  for  appointing  CommilTioners  to  revifc  and  print  the  Laws 
of  this  Province,  and  for  granting  to  his  Majefty,  for  defraying  the  Charge 
thereof,  a  Duty  on  Wine,  Rum,  and  diftilled  Liquors,  and  Rice,  imported  into 
this  Province  ;  and  fuch  other  Laws  of  this  Province  as  have  been  paffedfmce  the  f aid 
Revifal;  and  to  direct  the  printing  of  the  faid  Laws. 


III. 


AND  be  it  further  Enacted,  by  the  Authority  aforefaid,  Tliat  all  Fines  and  For 
feitures  mentioned  in  any  of  the  before  recited  Laws  -^—--^ "•-'- 


Species  of  Money  is  not  fpecially  named,    the  fame  Ihall 
and  adjudged  to  be  Proclamation  Money,  and  no  other. 


where  the  particular 
underftood,    deemed. 


IV.  AlSl  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  every 
A61  and  Adls,  Claufe  and  Claufes,  Sedion  and  Sedions,  of  all  and  every  A6t  and 
Afts  of  the  General  Affembly  of  this  Province,  in  the  faid  revifed  Laws  or  Afts  of 
the  General  Affembly,  mentioned  to  be  obfolete,  expired,  and  repealed,  are  hereby 
enabled  and  declared  to  be  obfolete,  expired,  and  repealed ;  and  the  Titles,  with 
fuch  Note  only,  be  printed. 

V.  P^RO FID E D  always,  neverthelefs,  and  it  is  hereby  EnaHed,  That  all  and 
every  Judgment,  Order,  Decree,  or  Sentence,  of  any  Court  heretofore  given  or 
paffed,  and  all  and  every  Matter  or  Thing  heretofore  done  and  performed,  by  any 
Officer  or  Officers,  judicial  or  minifterial,  or  by  any  other  Perfon  or  Perfons  what- 
foever^  in  Virtue  and  by  Force  of  any  A61  or  Ads,  Claufe  or  Claufes,  of  any  Aft 
or  Afts  of  the  General  Affembly  of  this  Province,  in  the  faid  revifed  Laws,  men- 
tioned to  be  obfolete,  expired,  or  repealed,  Ihall  be  deemed,  held,  and  be  taken 
for  good  and  valid  in  Law,  to  all  Intents  and  Purpofes,  as  if  the  faid  Afts  were 
continued  and  in  full  Force ;  any  Thing  herein  before  contained,  to  the  contrary, 
in  any  wife,  notwithftanding. 


SIGNED    by 


Gabriel  Johnston,  Efq;  Governor* 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker, 


ANNO 


L^/^<S(7/    North-Carolina.  129 

A.  D.    1749. 
^^    ^^^    &:S    ^^    ^^    ^^     l^""^     ^^    ^^    &^    ^^    ^^    ^^ 

^•^   :^"%.   ^-^   ilT'^   i^^'   ^r^    \ilA    ^^  ^i^  ^-1;  ^^  ^1k   ^-I 
ANNO     REGNI 

G    E    O    R    G    I    I       11. 

REGIS, 

MAGN^     BRITANNIA,     FRANCIS,    &     HIBERNIiE, 

VICESSIMO     TERTIO. 

At  a  General  ASSEMBLY,  held  at  Newbern,  the  Seventeenth  Day  of  ^ 

J  \J  A  B  R  I  E  L 

Mircb,  in  tile  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty   Efq;   Gover- 
nor. 
Kine. 


CHAP.     I 


Tl  15  Afl  repeal- 
I'Ut  the 


Cuunly, 


I  /!a  for  efe^iv.g  the  upper  Tart  of  New  Hanover  County  into  a  County  and  Parijh^    B'""ds  of  the 
by  the  'Na:ne  of  Duplin  County,  and  St.  GabrielV  Parifh ;  and  for  appointing  a  Place    ^.'^Z^hLlX'^ 
jw  hiildtng  a  Conrt-Houfe^  Prifon,  and  Stocks^  in  the  jaid  County.  a  a  p.ivd  s  pt. 

3756,    Chap.  9. 

n.  "\J.T  E  F^y  t!iat  it  may  be  Enafted,    And  be  it  Enacted,    by  his  Excellency    D;vif,.„of the 

Vy  Gabncl  Johnfton,  Efq;  Governor,  by  and 'with  the  Advice  and  Ccnfent  of  " 
his  Majtftfs  Coil  cil,  and  the  General  AffemUy  of  this  Province,  and  by  the  Authority 
of  the  fa-i:e.  That  New  Hanover  County  be  divided  by  a  Line,  beo-innino-  at  the 
M ouch  of  Rcck'FifJj  Cre.-k,  on  the  North  Eaft  River  of  Cape  Fear,  runnino-  Eafl;  to 
Onflow  County,  and  Weilward  by  a  ftraight  Line  from  the  Mouth  of  the  faid 
Cretk,  to  the  upper  Forks  of  Blaik  River,  where  Coheery  and  the  Six  Runs  meet, 
thence  up  Coheery  to  the  Head  thereof ;  and  that  the  upper  Part  of  the  faid  County 
be  ereitcd  into  a  County,  by  the  Name  of  Duplin  County,  and  St.  Gabrier%  Farilh  : 
And  that  the  fiid  County  and  Parifh  fhall  enjoy  all  the  Privileges  and  Advantages 
that  any  other  County  and  Parifh  in  this  Province  now  holds  or  enjoys. 


C  H  A  P.    ir.  »,.  ^^     , 

Thu  A(!>  repeal- 

An  A3  for  ereHin-r  the  upper  Part  of  Bladen  County  into  a  Comity  and  ParifJ:,  by  the    J^.'""J»"ft'i'e 
Name  of  Anfon  County,    and  St.  GeorgeV  Parifh ;    and  for  appointing  a  Place  for    '^2''\UtJZ 
building  a  Court-IIoufe,  Prifon,  and  Stocks,  in  the  faid  County.  cdhv  Aft,  sept. 

1755,   Chap.  9. 

^"'  1A/'^?''^'t'?  'n  "^^y  ':>^  Enafted,   And  be  it  EnaHed,    by  his  Excellency    D;v;fi,..fthc 

V  V     Gabriel  John(co:i,  Ejq;  Governor,    by  and  ivith  the  Advice  and  Confent  of   ^"""'y- 
/;/;  Maffty's  Council,  c^nd  the  General  /ifjerr.bly  of  this  Province,  and  by  the  Authority  of 

R  '  ih, 


the 


i^o  Ly^^iSo/    North-Carolina. 

J.  D.  1749.  the  fame.  That  Bladen  County  be  divided  by  a  Line,  beginning  at  the  Place  where 
^— '■v~— '  the  South  Line  of  this  Province  crofleth  the  Wcflermolt  Branch  of  Little  Pee  Dee 
River,  then  by  a  ftraight  Line  to  a  Place  where  the  CommifTioners  for  running  the 
Southern  Boundary  of  this  Province  croffed  that  Branch  of  Little  Pee  Bee  River, 
called  Drowning  Creek,  thence  up  that  Branch  to  the  Head  thereof ;  then  by  a  Line, 
to  run  as  near  as  may  be  equidiftant  from  Saxpahaw  River,  and  Great  Pee  Dee  Ri- 
ver ;  and  that  the  upper  Part  of  the  faid  County  and  Pari(h,  fo  laid  off  and  divided, 
be  ereded  into  a  County  and  Parifh,  by  the  Name  of  /Infon  County,  and  Si.  Cecrge'^ 
Parilh  ;  and  that  all  the  Inhabitants  to  the  Weftvvard  of  the  afore-menticned  divid- 
ing Line,  fhall  belong  and  appertain  to  Anfcn  County  :  And  that  the  faid  County 
and  Parifh  fliall  enjoy  all  and  every  the  Privileges,  which  any  other  County  or  Pa- 
rifli  in  this  Province  holds  or  enjoys. 

CHAP.     III. 

ue  eaied  b  AS,  -^-^  additional  AEl  to  an  A5f,  For  obtaining  an  exad  Lift  of  Taxables,  and  for  tlie 
November  1760)  cffccftual  coUcfting  as  well  all  Arrears  of  Taxes,  as  all  other  Taxes,  for  the  future 
"^^'P-  *•  due  and  payable. 

CHAP.     IV. 

An  Act  to  enable  the  Jujlices  of  the  feveral  Counties  to  provide  certain  Law  Becks,  for 

the  Ufe  of  their  County  Courts. 

juft-ccs  imp-w-  I.  -r^  E  it  Enacted,  by  his  Excellency  Gabriel  Johnfton,  Efq^-,  Governor,  hy  and  ivith 
T^..l!kS"^"  O  the  Advice  and  Ccnfent  of  his  Majefiy's  Council, _  end  General  Affemlly  of  this 
Province,  That  the  Juftices  of  each  County  Court  within  this  Province  Ihall  and 
may  have  full  Power  and  Authority,  in  fome  convenient  Time,  according  to  their 
Dilcretion,  to  purchafe  and  provide  the  lateft  Editions  of  the  Law  Books  lollowing, 
to  wit ;  Nelfoit's  Juftice,  Carfs  Abridgment  of  the  Statutes,  Suinhurn  ot  Wills,  or 
Godolphin's,  Orphan's  Legacy,  and  Jacob's  Law  Diftionary,  or  IVood's  Inftitutes  : 
Which  Books,  when  provided,  fhall  be,  for  ever  after,  for  the  Ufe  of  the  County 
Court,  and  fnall  be  kept  in  the  Offices  of  the  feveral  Clerks,  and  conftantly,  during 
the  SittincT  of  every  County  Court,  laid,  by  the  Clerk  of  each  Court,  on  the  Court 
Table,  for  the  U  e  and  Perufal  of  the  Juftices  of  fuch  Court,  and  of  all  fuch  as 
may  have  any  Matters  depending  in  Court. 

Fenaity  o.T  th=        J],     A  N D  bc  it  fi/rthcr  Enactcd,   by  the  Authority  aforefaid.    That  if  any  County 

^!'yts°L'^^h         Court  Clerk  fhall  abufe  or  deftroy,  or  fufFer  to  be  abufed  or  deftroyed,^  any  of  the 

Buoks,  Books  fo  committed  to  his  Care,  he  fhall  be  fined,  at  the  Dilcretion  of  the  Court, 

for  fuch  his  Neglect :    Which  Fine  fhall  be  applied  tov/ards  repairing  the  Lofs  or 

'  Damage  of  fuch  Books,  occafioned  by  fuch  Negleft. 

Tnx  fo  be  laid  jjj^  A  N  D  be  it  further  Ena5Ied,  by  the  Aithority  aforefaid.  That  the  Juftices 
L'lr'''^'"^       in  the  feveral  County  Courts  ftiall  have  full  Power  to  lay  fuch  an  additional  Tax  on 

their  refpeftive  Counties,  as  fhall  be  fufficient  to  purchafe  and  provide  the  Books 

aforefaid,  and  fhall  apply  the  fame  accordingly. 


C  H  A  P.     V. 

An  Act  to  encourage  Michael  Higgins  to  build  a  Bridge  over  Trent  River,  near  Wick- 
liff'j  Ferry,  in  Craven  County. 

Privv.c.  I,  ^TTHEREASa  Bridge  over  Trent  River,  near  the  Place  called  WickHff\ 

VV  Ferry,  would  be  much  for  the  Conveniency  of  all  Travellers,  and  Michael^ 
Iliggins  being  delirous  of  building  one  there  at  his  own  Expence,  on  Condition  ot 
having  the  Benefit  thereof  for  the  Space  of  Twenty  Five  Years : 

II.  BE 


L  A  ^P^  S     o/North-Garolina.  13  c 

II.  B  E  it  Enacted,  by  bis  Excellency  G2.hv\t\  }o\-\n?ton,  Efq^  Governor^  by  and  ivith  A.  D.   17^9. 
the  Advice  and  Confent  cfhis  Majejffs  Council,  and  the  General  yljferr.bly  of  this  Froilnce,  p^l^i^J^TBTjT  w 
and  by  the  Authority  of  the  fame.  That  it  fhali  and  may  be  lawkil  for  the  faid  Michael  be  buiii.  " 
Higgins,    his  Heirs  or  Affigns,    to  ereft  and  build  a  good  fubflantial  Bridge  over 

Trent  River,  as  near  as  he  conveniently  can  to  the  Flace  where  the  main  Road 
crofleth  the  faid  River,  near  the  Place  commonly  called  IVickliff's  Ferry  ;  and  after 
building  the  faid  Bridge  as  aforefaid,  it  fhall  and  may  be  lawful  for  the  faid  Michael 
Higgins,  his  Heirs,  Executors,  Adminiftrators,  or  Affigns,  to  keep  a  fufficient 
Gate  thereon,  and  take  and  receive  from  all  Perfons  that  fliall  pals  over  the  fame, 
the  following  Rates,  that  is  to  fay  :  For  every  Man  and  Horfe,  Four  Pence  ;  for  Toiirctt'.cd. 
every  Carriage  drawn  by  One  or  Two  Horfes  or  Oxen,  One  Shilling  -,  and  for  every 
Horfe  or  Ox  more.  Four  Pence  each  ;  and  for  every  Head  of  Neat  Cattle,  One 
Penny,  and  for  every  Twenty  Hogs  or  Sheep,  One  Shilling,  and  fo  in  Proportion, 
for  a  greater  or  lefTer  Number  of  Hogs  or  Sheep ;  lor  and  during  the  Space  of 
Twenty  Five  Years,  and  no  longer. 

III,  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  after  the  faid  Pen.  on  Perfons 
Bridge  is  fo  built  and  compleated  as  aforefaid,    it  Ihall  not  be  lawful,    during  the  ^^Xxn  e^Miies 
Time  the  faid  Bridge  Ihall  be  kept  in  Repair,  and  fit  for  Travellers  and  Carriages  ot  faid  "Zi.iifi. 
to  pafs  and  repafs  over  the  fame,    for  any  Ferfon  whatfoever  to  keep  any  Ferrv, 

build  any  Bridge,  or  fet  any  Perfon  or  Perfons,  Carriage  or  Carriages,  Cattle,  Hos-s 
or  Sheep,  over  the  faid  River,  for  Fee  or  Reward,  within  Six  Miles  of  the  fanie, 
during  the  Time  aforefaid,  under  the  Penalty  of  Twenty  Shillings,  Proclam.ation 
Money,  for  each  and  every  Offence ;  to  be  recovered  before  any  Magifbrate  of  the 
County  of  Craven  -,  to  be  applied  to  the  Ufe  of  the  Proprietor  of  the  Bridge  built 
by  the  faid  Michael  Higgins ;  and,  during  the  faid  Time,  the  Right  and  Property  of 
the  faid  Bridge  is  hereby  invefted  in  the  faid  Michael  Higgins,  his  Heirs,  Executors, 
Adminiftrators,  or  Affigns. 


C  II  A  P.     VL 

An  Act  for  appointing  and  laying  out  a  Tcxn  on  the  Plantation  of  Mr.  Samuel  Jordan, 
on  the  North  Side  of  Roanoke  River,  in  Northampton  County ;  and  for  efiablifl:in<f 
Two  Fairs  to  be  annually  held  therein. 

I-  T^  THERE  AS  the  Inhabitants  o{  Northampton  County  have  petitioned  for 
VV     ^n  Aft,  for  appointing  a  Town  on  the  Plantation  of  Mr.  Scmued  Jordan, 
on  the  North  Side  of  Roanoke  River,  in  Northampton  County  : 

IL_  W  E  pray  that  it  may  be  Enacted,  And  be  it  Enabled,  by  his  Excellency 
Gabriel  Johnfton,  Efq;  Governor,  by  and  v:ith  the  Advice  and  Confent  of  kis  Majeflfs 
Council,  and  the  General  Affembly  of  this  Province,  and  by  the  Authority  of  the  fay.iCy 
That  as  foon  as  the  Proprietor  of  the  faid  Land  fliall  acknowledge  his  Confent  and 
Concurrence,  in  open  Court  of  the  faid  County,  to  have  fuch  Part  of  the  faid  Land 
laid  cut  for  a  Town  as  herein  after  is  direded,  Samuel  Jordan,  William  Short,  IVil- 
liam  Kinchen,  Francis  Corbin,  and  John  Daivfcn,  are  hereby  nominated  and  appointed 
Commiffioners,  and  they,  or  the  Majority  of  them,  are  hereby  invefted  with  full 
Power  and  Authority,  to  lay  out  Thirty  Six  Acres  oi'  Land,  on  the  faid  Plantation, 
for  a  Town,  by  the  Name  of  Haivns ;  and  to  lay  out  the  faid  Thirty  Six  Acres  into 
Lots,  of  Half  an  Acre  each,  with  convenient  Streets  and  Squares. 

III.  AND  be  it  further  Enacted,  That  when  the  Commiffioners,  or  the  Majority 
of  them,  have  laid  out  the  faid  Town  into  Lots  and  Streets,  as  aforefaid,  every 
Perfon  whatfoever  who  is  willino.  to  be  an  Inhabitant  of  the  faid  Tov/n,  fliall  have 
Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  taken  before ; 
which  Lot  or  Lots  the  Commiffioners  before  appointed,  or  the  Majority  of  them^ 
are  hereby  impowered  to  grant,  convey,  and  ackncv/lsdge,  to  the  Perfon  or  Perfons 

R  2  "  fo 


J -^2  LAWS     o/'    North-Carolina. 

J.  D.  1749.  fo  taking  up  the  fame,  his  Heirs  and  Afllgns,  forever,  in  Fee,  upon  the  Payment 
of  Five  Pounds,  Proclamation  Money,  or  the  Value  thereof,  to  the  Treafurer  herein 
after  mentioned. 

IV,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  William  Short 
is  hereby  appointed  Treafurer  and  Receiver  of  all  luch  Sum  or  Sums  of  Money  as 
fliall  arife  by  the  Sale  of  fuch  Lots,  for  the  \Jk  hereafter  mentioned ;  and  on  the 
Death,  or  Departure  out  of  the  Government,  of  the  faid  Treafurer,  the  faid  Com- 
miflioners,  or  the  major  Part  of  them,  fhall  appoint  fome  other  Perfon  Treafurer, 
in  the  Place  of  the  faid  Treafurer  fo  dying,  or  departing  the  Government. 

V,  AND  be  it  Enacted,  by  the  Authority  afcrefaid.  That  the  Treafurer  that  fhall 
or  may  be  hereafter  appointed  by  the  Commiffioners  as  aforefiid,  fl:iall  give  Security 
to  the  County  Court,  that  he  flia  1  and  will  account  with,  and  pay  in  all  the  Monies 
he  fhall  receive,  for  the  Sale  of  all  and  every  the  Lot  or  Lots  that  fhall  be  lold, 
yearly,  on  the  Twenty  Fifth  Day  of  Afor^/?',  to  M.v.  Samuel  Jordan,  or  the  Proprietor 
of  the  faid  Lands. 

VI,  PRO  FID  E  D  a^'-juays.  That  if  any  Lot  or  Lots  fhall  be  granted  or  con- 
veyed by  the  faid  Commiffioners,  to  any  Perion  or  Perfon  s  whatloever,  who  flaall 
not,  within  Two  Years,  build  a  good  fubtlantial  habitable  framed  Houfe,  not  of  iefs 
Dimenfions  than  Twenty  Feet  in  Length,  and  Sixteen  Feet  wide,  befidts  Sheds  or 
Leantoes,  or  make  fuch  Preparation  for  fo  dcing  as  the  Commiffioners,  or  the  Ma- 
jority of  them,  fhall,  on  View,  tiiink  reafbnabic,  fuch  Grant  or  Conveyance  fliall 
be  void,  and  it  is  hereby  declared  void  and  of  none  Effc'il,  as  if  the  fame  had  never 
been  made ;  and  the  Commiffioners  may  grant  and  convey  fuch  Lot  or  Lots,  v/hich 
fhall  not  be  built  on  within  the  Time,  and  in  the  Manner  as  is  herein  before  directed, 
to  any  other  Perfon  or  Perfons  applying  for  the  fame,  and  paying  the  Money  for  the 
faid  Lot,  as  in  this  Afl  is  before  direded,  for  the  Ufe  of  the  faid  Samuel  Jordan, 
or  other  Proprietor,  as  aforefaid. 

VII,  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Comm.if- 
fioners,  or  the  Majority  of  them,  fhall  be,  and  they  are  hereby  impowered  and  au- 
thorized, to  remove  all  Nulances  within  the  Li.Tiits  of  the  faid  Tov/n. 

VIII,  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon, 
Inhabitant  of  the  f^tid  Town,  or  holding  a  Lot  or  Lots  therein,  fliall  inclofe  the 
fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence ;  but  every  Lot 
therein  fhall  be  paled,,  or  inclofed  with  Polls  and  Rails  fet  up, 

.  IX.  AND  be  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  all  Perfons, 
Poffeffors  or  Owners  of  any  Lot  or  Lots  in  the  faid  Town,  fhall,  within  Two  Years 
from  the  Date  of  their  Grant  or  Conveyance,  clear,  and  keep  conflantly  clear,  their 
Lot  or  Lots,  from  all  Manner  of  Wood,  Underwood,  Brufli,  and  Grubs ;  under 
the  Penalty  of  One  Shilling,  Proclam.ation  Money,  for  every  Month  fucii  Owner  or 
Ov/ners  of  any  Lot  or  Lots  fhall  neglect  to  clear  or  keep  the  fame  clear  -,  to  be  reco- 
vered by  a  Warrant  from  any  Jufiice  of  the  Peace,  and  applied,  by  the  faid  Commif- 
fioners, for  and  towards  clearing  the  Streets  in  the  faid  To\vn. 

!  X.  AND  be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  it  fliall  and  may 
be  lawful  for  the  Inhabitants  of  the  faid  Town,  to  hold  Two  Fairs,  annually,  in  the 
faid  Town  of  Hawns,  to  ibit ;  One  on  the  Second  'Tueflay  in  the  Month  of  October, 
and  the  other  on  the  Firft  T'uefday  in  the  Month  oi  January,  during  the  Space  of  Three 
Days  at  each  Time ;  under  fuch  Rules  and  Regulations,  and,  as  near  as  may  be, 
agreeable  to  the  Rules  and  Regulations  that  Fairs  are  ufually  held  and  kept  in  the 
Kingdom  of  Great  Britain.. 


CHAP. 


LAWS    of    North-Carolina. 


33 


CHAP.     VII.  A.  D.  1749. 

An  additional  Act  to  an  Act^  intituled.  An  A6t  to  fix  a  Place  for  the  Seat  of  Govern- 
ment, and  for  keeping  Public  Offices  %  for  appointing  Circuit  Courts,  and  de- 
fraying the  Expence  thereof  j  and  alfo  for  eftablifhing  the  Courts  of  Juftice, 
and  regulating  the  Proceedings  therein.     REP. 

SIGNED    by 

Gabriel  Johnston,  Efq;  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker, 


<(*3>    <(*)'    «(*>    <(*>    <{*)>    «(*)> 

<(-;:^>    <*>    -!(*>    <(*>    <(*> 

<(-:(:->    -(*>    <(*>    <(*> 

<(-*-)!'      >!(*)•      ^*}!f 


ANNO 


134  LAWS    of    North-Carolina. 


ji.  D.    1750. 


ANNOREGNI 

G    E    O    R    G    I    I      II. 

REGIS 

MAGN^  BRITANNIiE,  FRANCI.E,  &  HIBERNI^, 

VICESSIMO     (QUARTO. 


Gabriel       ^^  ^  General  ASSEMBLY,    held    at    Newhern,    the  Fifth  Day  of 

Johnston, 

i^OTj      °^^^'       J^bi    i"  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Fifty. 


CHAP.     L 

An  Act  to  appoint  a  Public  'Treafurer,    in  the  Room  of  Eleazer  Allen,    Efq;    deceafed. 

EXP. 

This  A(ft  Lilt      C  H  A  P.  2.     An  A£l  to  repeal  Part  of  a  Claufe  in  an  A£f,   intituled^    An  A6i:  for 
Roi*!  Ad  ^*"''  forming  a  Rent-Roll  of  all  the  Lands  holden  in  this  Province, 

for  quieting  the  Inhabitants  in  their  PofTeffions,  and  for  direding 

the  Payment  of  Quitrents. 

■g.     An  A5i  for  increaftng  the  annual  Allowance  given  to  the  Attorney  Ge- 
neral, for  bis  Trouble  ond  Expences  in  riding  the  Circuits.     EXP.    . 

S  I  G  N  E  D    by 

Gabriel  Johnston,  Efq;  Governor. 
Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


ANNO 


L  A  PF  S    of    North -Carolina. 


J  ) 


4.  D.    1751. 


%^  %^  ^#  %#  4J  %#  ^-^Di  \^   k^  k^§  \^  %i^  %^^ 

^f  ^%  f%  #f  f^^  f^^^'f%  f%  #f  #%  #^  #^ 


ANNO       REGNI 


GEO 


G   I   I 


REGIS, 

MAGNiE     BRITANNIA,     FRANCIS,    &    HIBERNIiE, 

VICESSIMO     Q^UINTO. 


At  a  General  ASSEMBLY,  begun  and  held  at  Newbern^  the  Twelfth    gabriel 

Johnston, 

Day  of  JuniTy    in  the  Ninteenth  Year  of  his  Mdjefly's  Reign  j  and  from    Efq;   Gover- 
nor. 
thence  continued,  by  feveral  Prorogations,  to  the  Twenty  Seventh  Day 

of  September^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 

and  Fifty  One, 


C  H  A  P.    L 

Jn  Acl  to  appoini  Infpe£Iors  in  New  Hanover  County^  and  for  regulating  the  Exports 

at  Cape  Fear.     E  X  F. 

CHAP.  2.  An  ASf  for  regulating  the  Pilotage  at  Cape  Fear  River^  and  to  impower 
the  Captain  of  Fort  Johnfton,  at  the  Mouth  of  the  faid  River^  to 
examine  all  Vejfels  entering  the  faid  River,  concerning  the  Health  of 
their  Crews  on  Board  the  faid  Vejfels.     REP. 


CHAP.     III. 


An  additional  Aof  to  an  A51,  intituled.  Feme  Coverts  how  to  pafs  Lands. 


I. 


H  E  R  E  A  S  the  Method  prefcribed  for  Feme  Coverts  to  convey  their  preamble. 
Eftates  in  Lands  in  this  Province,  by  an  Adl  of  Aflembly,  made  at  a 
General  Biennial  AlTembly,  held  on  the  Seventeenth  Day  of  November,  m  the  Year 
of  our  Lord  One  Thoufand  Seven  Hundred  and  Fifteen,  intituled.  Feme  Coverts 
ho'U}  to  pafs  Lands,  in  many  Cafes  hath  been  found,  by  Experience,  to  be  imprac- 
ticable •,  by  Reafon  that  the  Right  of  Inheritance  of  many  Lands  in  this  Province 
is  in  Feme  Coverts,  who  are  Refidents  of  neighbouring  Governments  ;  and  in  luch 
Cafc:s,  Conveyances  have  been  made  by  the  Huiban  1,  with  the  Wife's  Confent, 
and  fometimes  by  botli,  and  at  other  Times  by  the  Wife  only,  and  afterwards  rati- 
fied 


J36 


LAWS    of    North-Carolina. 


Feme 
how  t 

Ljnd 


Coverts 
0  pafs 


I'roceeding!  to  be 
had  wlitre  tile 
Wife  is  an  Tnhn- 
bitant  of  an>ith=r 
Country,  &c. 


^.  D.  1751.  lied  and  confirmed  by  the  Hufband  ;  by  Means  wliereof  the  Titles  of  rrsiny  Perfcns 
are  become  precarious  and  doubtful,  and  much  Land  lies  uncultivated,  to  the  ^rcat 
Diminution  of  the  Revenue  of  the  Crown. 

II.  BE  it  Ena^ed,  hy  his  Excellency  Gabriel  Johnfton,  Eff,  Governor,  by  and 
ivith  the  Advice  and  Confent  of  his  Majefty's  Council,  and  the  General  Ajjemhly  of  this 
Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That  trom  and 
after  the  paffing  of  this  Aft,  all  Conveyances  in  Writing,  and  feaied  by  Huiband 
and  Wife,  for  any  Lands,  and  by  them  perfonally  acknowledged  before  the  Chief 
Juftice,  or  in  the  Court  of  the  Countj^  where  the  Land  lieth,  the  Wife  being  firft 
privily  examined  before  the  Chief  Juftice,  or  fome  Member  of  the  County  Court, 
appointed  by  the  faid  Court  for  that  Purpofe,  whether  ihe  doth  voluntarily  afient 
thereto,  and  regiftercd  according  to  the  Direftions  of  the  Laws  of  this  Province, 
fhall  be  as  valid  in  Law.to  convey  all  the  Eftate  and  Title  which  fuch  Wile  may  or 
fhall  have  in  any  Lands,  Tenements,  or  Hereditaments,  fo  conveyed,  whether  la 
Fee  Simple,  Right  of  Dower,  or  other  Eftate,  not  being  Fee  Tail,  as  if  done  by 
Fine  and  Recovery,  or  any  other  W^ays  or  Means  whatloever, 

III.  Pro  VI  D  E  t)  nevcrthelefs.  That  where  any  fuch  Conveyances  as  aforefaid 
Ihall  be  acknowledged  by  the  Huiband,  or  proved  by  the  Oath  of  One  or  more  Wit- 
neffes,  before  the  Chief  Juftice  or  County  Court  where  the  Land  lieth,  and  it  fliall 
be  reprefented  to  the  Chief  Juftice,  or  County  Court  aforefaid,  that  the  Wiie  is  a 
Refident  of  any  other  Country,  or  fo  aged  or  infirm  th.:t  flie  cannot  travel  to  the 
Chief  Juftice  or  County  Court,  to  make  fuch  Acknowledgment  as  aforefaid,  it  fnail 
and  may  be  lawful  for  the  Chief  Juftice  or  County  Court,  by  his  or  their  Order,  to 
dire6l  the  Clerk  of  the  County  Court  where  fuch  Land  lieth,  to  ifilie  a  Conimiffion 
to  Two  or  more  Commiffioners,  for  receiving  the  Acknowledgment  of  any  Deed  of 
fuch  Feme  Covert,  for  paffing  her  Eftate  in  any  Lands,  Tenements,  or  Heredita- 
ments ;  and  fuch  Deed,  acknowledged  before  them,  after  they  have  examined  l;cr 
privily  and  apart  from  h.r  Hufband  touching  her  Confent,  and  certified  by  the 
County  Court  to  which  the  Commiffion  fliall  be  returnable,  fliall,  by  Order  of'  the 
County  Court,  be  regiftered,  v/ith  the  Commiffion  and  Return,  and  fliall  be  as 
effectual  as  if  perfonally  acknowledged  before  the  Chief  Juftice  or  County  Court 
by  fuch  Feme  Covert. 

IV.  AND  for  preventing  Mlftakes  in  iffiiing  out  fuch  Commiffions,  Be  it 
Enaufed,  by  the  Authority  aforefaid.  That  the  feveral  Clerks  of  this  Province  fliall 
ifTue  the  fame,  in  the  Form  following,  to  xvit, 

Korth  Carolina,  C.  County,  flf. 
Form  of  the         /^  EORGE  the  Second,  by  the  Grace  of  God,  of  Great  Britain,  France,  and 
Commiffion.         v_J  Iceland,  Kingi  Defender  of  the  Fai.ith,  &c.     To  A.  B.  C.  D.  and  E.  Gen- 
tlemen, Greeting. 

'  W  H  E  R  E  A  S  F.  G.  hath  produced  a  Deed  of  Conveyance,  made  to  him  from 
H.  I.  and  K.  his  Wife,  of  a  certain  Traft  or  Parcel  of  Land,  lying  and  being  in  the 

County  of  ,  in  our  Province  of  iV(?r/,6  Ci3ro//;z^,  and  procured  the  lame  to  be 

proved  or  acknowledged  by  the  faid  H.  I.  before  /.  K.  our  Chief  Juftice  of  our 
laid  Province  (or  in  the  Court  of  our  faid  County  of  C.  as  the  Cafe  m.ay  be)  and  it 
being  reprefented  to  our  faid  Chief  Juftice,  or  to  our  faid  Court,  that  K.  Wife  of 

the  faid  li.  I.  is  an  Inhabitant  of  our  faid  Province,  or  of ^  or  is  fo  aged  and 

infirm  (here  as  the  Cafe  may  be)  fo  that  flie  cannot  travel  to  our  iaid  Chief  Juftice, 
or  Court  of  our  faid  County  of ,  to  be  privily  examined  as  to  her  free  Con- 
fent in  executing  the  faid  Conveyance.  Know  ye  that  we,  in  Confidence  of  your 
Prudence  and  Fidelity,  have  appointed  you,  and  by  tliefe  Prelents  do  give  unto  you, 
or  unto  any  Two  of  you,  full  Power  and  Authority,  to  take  the  private  Examination 
oi'  the  faid  K.  Wife  of  the  faid  H.  I.  concerning  her  free  Conient  in  her  executing 
the  faid  Conveyance :    And  therefore  we  comm.and  you,  or  any  Two  of  you,  that 

at 


LAWS    of    North-Carolina. 


'37 


at  fuch  certain  Day  and  Place  as  you  fhall  think  fit,  you  go  to  the  faid  K.  if  Ihe  ■^'  -O.  i; 
cannot  conveniently  come  to  you,  and  privily,  and  apart  from  her  Hufband,  exa- 
mine her  the  faid  K.  whether  Ihe  executed  the  laid  Conveyance  freely  and  of  her  own 
Accord,  without  Fear  or  Compulfion  of  the  faid  H.  1.  her  Hulband  -,  and  the  Ex- 
amination being  diftindly  and  plainly  wrote  on  the  faid  Deed,  or  on  fome  Paper 
annexed  thereto,  and  when  you  fhall  have  fo  taken  the  faid  Examination,  you  are  to 
fend  the  fame,  clofed  up,  under  the  Seals  of  you,  or  any  Two  of  you,  together  with 

this  Writ,  unto  our  faid  Court,    to  be  held  for  the  faid  County  of  C.  on  the 

Day  of next  enfuing,  in  the  Year  of  our  Reign.     Witnefs  L.  M. 

Clerk  of  our  faid  Court,  at  ,  the Day  of ,  Anno  Dom.  17 — 

L.  M.  CI.  C. 


■51. 


V.  AND  for  the  greater  Security  of  Purchafers,  Be  it  Enabled,  by  the  Juthority 
aforefaid.  That  all  Deeds  and  Conveyances  of  Lands  heretofore  made  by  the  Huf- 
band and  Wife,  or  by  the  Wife,  and  afterwards  ratilied  and  confirmed  by  the  Huf- 
band, wherein  a  valuable  Confidcration  is  expreffed,  for  any  Eftate  or  Title  of  any 
Feme  Covert,  in  any  Lands,  Tenements,  or  Hereditaments,  whether  in  Fee  Simple, 
Right  of  Dower,  or  other  Eftate,  not  being  Fee  Tail,  where  fuch  Deeds  or  Con- 
veyances have  been  regiftered  within  Twelve  Months  from  the  Date  thereof,  or  fhall 
be  regiftered  within  the  Space  of  One  Year  after  the  Return  of  the  Commiflion  for 
tals:ing  the  Examination  of  the  Wife,  as  herein  before  mentioned,  or  where  the  Per- 
fon  or  Perfons  to  whom  the  fame  hath  been  made  hath  aftually  entered  thereupon, 
and  hath  continued  in  Poflefllon  thereof  for  the  Space  of  Seven  Years,  by  Virtue  of 
fuch  Deeds ;  they  ftiall  be  refpedlively  as  valid  in  Law,  and  take  Efleft  as  fully,  to 
the  Benefit  of  all  Perfons  refpedively  in  PofTeiTion  thereby,  and  their  Heirs  and 
AfTigns,  againft  the  Hufband  and  Wife,  and  every  of  their  Heirs  and  Afligns,  and 
againft  all  other  Perfons  claiming  by,  from,  or  under  them,  or  any  of  them,  as  if 
the  fame  had  been  done  by  Fine  and  Recovery,  or  any  other  Ways  or  Means  what- 
foever ;  any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  in  any  Wife,  notwith- 
ftandin?. 


Purchaf.tsftcur- 
ed. 


VL  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  it  fliall  and 
may  be  lawful  for  the  Chief  Juftice,  County  Court  Clerks,  and  Public  Regifters, 
to  take  and  receive,  in  Proclamation  Money,  or  Tills  of  Credit,  for  the  Services 
afore-mentioned,  the  following  Fees,  to  wit. 


The  Chief  Jujiice's  Fees. 

Proclamation  Money. 

/.      /       d.      Chief  Juftice  al 

For  an  Order,  directing  the  Clerk  to  ifliie  a  Commiffion  to  take  the  Ac-  '"""^"^  >  Saiary, 

knowledgment  of  a  Feme  Covert,  to  a  Deed  for  Lands.  o     o 


in  Lieu  of  ihcfs 
Fees. 


The  Clerk's  Fees. 
For  entering  an  Order  for  ilTuing  a  Commiflion  for  taking  the  Acknow- 
ledgment of  a  Feme  Covert  to  a  Deed  for  Lands,      -----      00 
For  iffuing  fuch  Commiffion,       ---.-.__--.-      014 


Clerk'i    Allow- 
^      ance  fur  tbefe 
7       Services,     fettled 

by  Af>,  Dec. 

For  entering  an  Order  for  regiftering  fuch  Return  on  fuch  Commiflion,     007    '^^°'  ^^'^'  "' 
For  a  Copy  of  fuch  Order,  to  be  indorfed  on  the  Return,     -     -     -     -       007 


The  Regijler's  Fees. 
For  regiftering  a  Commiflion  for  taking  the  Acknowledgment  of  a  Feme 
Covert,  with  the  Order  indorfed,  and  the  Commiflloners  Certificate,  o 


Regiftei's  Fee«. 


VII.     AND  be  it  Ena5fed^  hy  the  Authority  aforefaid^  That  if  any  of  the  Ofiicers    Pen  on  Pe.fons 
aforefaid  ftiall  demand,  exort,  exaft,  or  receive,  any  other  or  larger  Fees,  for  the    r,"^,"^  ^'""' 
Services  aforefaid,  than  what  arc  iierein  particularly  mentioned,  or  fhall  refufe  to  do 
the  particular  Service  in  his  Office  for  the  faid  Fees,  fuch  Officer  fhall  be  liable  to  the 
fame  Forfeitures  and  Penalties,    and  the  Party  aggrieved  have  the  fame  Adtion, 

S  Remedy, 


13' 


J.  D.    1751. 


LAWS    of    North-Carolina. 

Remedy,  and  Relief,  as  is  provided  by  one  A6t6f  Aflembly,  made  in  the  Twent^r 
Second  Year  of  the  Reign  of  his  prefent  Majefty,  intituled,  An  Aa  for  regulating 
the  fever al  Officers  Fees  within  this  Provincey  and  afcertaining  the  Method  of  fayiUg  tkk 
fame. 


{"leairible. 


Treafiirers  im- 
JjOWered   tn   take 
into  PoffclTii  n 
mortgage  Bonds. 


Schedule  of 
mortgaged  Bands 
to    be    let    lip   at 
thtr  Court  Houfe 
Djor. 


DIftreTs  to  be 
made  on  Defaul- 
ters. 


Diftrainfd  Goods 
to  be  f  )ld  at 
Vendue, 


Defaulters  not 
having  perfonal 
Eftate,  mort- 


CHAP.     IV. 

An  additional  A51  to  the  fever al  Atls  to  appoint  Public  treafurers. 

1.  TT7HEREAS  many  of  the  mortgage  Bonds  formerly  taken  by  the  feveral 
W  County  Trealurers,  in  Virtue  ot  leveral  Ads  of  Alfembly  then  in  Force, 
by  Rcaion  of  the  Negleft  or  Death  of  moft  of  thofe  Treafurers,  remain  uncancelled, 
and  the  Money  due  thereon  unpaid  j  and  the  Times  limited  by  the  Law  being  long 
fince  expired,  and  no  Perfon  legally  impowered  to  make  Diftrels  for  the  lame^ 
whereby  the  Public  is  very  rr  och  injured :  For  Remedy  whereof, 

II.  W  E  pray  it  may  be  Enadled,  And  be  it  Enacted^  by  his  Excellency  Gabriel 
Johnfton,  Efq\  Governor^  by  and  vAth  the  Advice  and  Conjent  of  his  Majejtfs  Council^ 
and  the  General  Ajjembiy  of  the  j aid  Province,  and  by  the  Authority  Oj  the  fame.  That 
each  of  the  Public  Trealurers,  in  their  feveral  Diftrids,  rtlpe6lively,  are  hereby 
authorized,  impowered  and  required,  to  take  into  his  or  their  Keeping  and  Poflef- 
fion,  the  feveral  niortgage  Bonds  yet  uncancelled  and  unpaid  -,  and  ihe  leveral  Per- 
fons  in  whole  Keeping  or  Pofleffion  any  of  the  laid  uncancelled  Bonds  are  remaining, 
are  hereby  required  to  deliver  the  fame,  on  Demand,  to  the  refpeftive  1  ubLc  Trea- 
furer  of  the  Diftrid,  under  the  Penalty  of  Ten  Pounds,  Proclamation  Money,  lor 
every  fuch  Refufal  or  Negleft ;  to  be  fued  for  and  recovered  by  the  Public  Trea- 
furer  of  the  Diftrid  where  the  Perfon  lb  refufing  or  negleding  may  refide,  by  Adion 
of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this  Province  ; 
wherein  no  Injundion  or  Wager  of  Law  fhall  be  allowed  or  admitted  of;  and  ap- 
plied, one  Half  to  the  Ufe  of  the  Public,  the  other  Half  to  the  Trealurer  who 
Ihall  fue  for  the  fame. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Public 
Treafurers  atorefaid,  in  their  rel'pe6tive  Diftrids,  upon  the  Receipt  of  all  or  any  of 
the  faid  mortgaged  Bonds  not  cancelled  nor  paid,  Ihall  caufe  a  Lift  or  Schedule  of 
fuch  Bonds,  dclcribing  the  Place  where  the  Lands  lie,  the  Mortg^er's  Name,  the 
Sum  fuppofed  to  be  due  on  each  Mortgage,  to  be  affixed  on  the  Door  of  the  Court- 
Houfe  of  the  County,  or  the  Court  of  AlTize,  or  General  Court,  when  held  in  the 
County  where  the  Land  lies,  during  the  Sitting  of  at  leaft  one  fuch  Court. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  any 
Perfon  fliall  make  Default  for  Thirty  Days  after  fuch  Lift  hath  been  affixed  as 
aforefaid,  to  pay  the  feveral  Sums  due  on  each  mortgage  Bond,  in  fuch  Cafe,  each 
and  every  Public  Treafurer  is  hereby  impowered,  directed,  and  required,  to  make 
Diftrefs,  by  granting  an  Attachment,  direded  to  the  Sheriff  of  the  County  where 
any  perfonal  Eftate  belonging  to  any  Defaulter  lies  •,  who  is  hereby  authorized  and 
required  to  execute  the  fame,  on  any  fuch  perfonal  Eftate  in  his  County  to  be 
found. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  fuch  Goods 
and  Chattels  fo  diftrained  on  as  aforefaid,  fliall  be  let  up  and  fold  at  Public  Vendue, 
at  the  next  County  Court,  or  Court  of  AiTize,  or  General  Court,  after  fuch  Diftrefs 
fhall  be  made ;  an  Inventory  of  fuch  Goods  having  been  firft  fet  up  at  fuch  Court- 
Houfe,  at  leaft  Ten  Days  before  fuch  Sale. 

VI.  A  IS  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  no 
perfonal  Eftate  belonging  to  any  Defaulter,  fhall  be  found  in  the  County  wherein 
the  mortgaged  Land  lies,  in  fuch  Cafe,  it  fliall  and  may  be  lawful  for  the  Public 

Treafurer, 


LAWS      of     N  O  R  T  H  -  C  A  R  O  L  1  N  A. 


^39 


gnged  Lands  to 
be  fol;l,     an<l  'he 
Overplus  itluru- 
ed. 


Treafurer,    in  his  refpeftive  Diftrift,    by  Virtue  of  iuch  Mortgage,  to  enter  on  tr.e    ^.  D.   i^-^i 

faid  Land,    and  after  having  given  Forty  Days  Notice,    by  fixing  a  Note  on  the 

County  Court-Houfe,  to  expofe  the  faid  Lands  to  Sale,    by  Public  Vendue,  at  the 

next  County  Court,    Court  of  AfTize,    or  General  Court,    after  fuc!i  Notice ;    and 

whatfoever  fuch  Land  fhall  fell  for,  more  than  what  is  due  on  fuch  Bonds,  and  the 

Charge  of  the  Sale  of  fuch  Lands,    and  to  the  Treafurer  for  conveying  the  fame  to 

the  I'urchafer  or  Purchafers,  fhall  be  returned  to  the  Owner ;  which  Sale,  made  by 

fuch  Trealurer,    fhall  be  good  and  effeftual  in  Law,    to  all  Intents  and  Purpofes 

whatfoever ;  and  the  faid  Deed  fo  given,  if  loft,  the  Regiftery  thereof  fhall  and  may 

be  o-iven  in  Evidence,  in  any  Court  of  Record  within  this  Province.  . 


ffion?r?  «f 


ketpit 


iVJ-  nt-y  t- 


VII.  AND  whereas  fince  the  erefting  Fort  Johnfion  at  the  Mouth  of  Cape  Fear   Con-m; 
River,  there  appears  to  remain  in  the  Hands  of  the  Public  Treafurer  of  the  Southern    ^^J^ 
Counties,   a  Surplus  of  the  Monies  appropriated  by  Law  for  that  Purpofe,   and  it 
being  neceffary  that  the  faid  Fort  now  buiit  fliould  be  prefcrved ;    Be  it  Enadled^  by 
the  4uthority  aforefaid.    That  it  fhall  an.l  may  be  lawful  tor  the  CommifTioners  ap- 
pouited  by  Ad  of  Aflembiy,  intituled,  An  Act  for  erecting  a  Fortif  cation  on  the  loiter 
Part  o/Capo  Fear  River^  by  Vv^arrant  under  their  Hands,  or  the  major  Part  of  them, 
to  draw,  from  Time  to  Time,  out  of  the  Hands  ot  the  faid  Treafurer,  fuch  Sum  or 
SaiTi^  of  Money,   as  they  ihall  judge  necelfary,    for  the  guarding, 
prefcrving  the  faid  Fort. 

VIII.  PROFIDED  k  does  not  exceed  the  Surplus  of  the  Money  formerly    !^""'^(";"  ^t 
anpropriatea  by  Act  ot  AlTembly,    to  the  erecting  the  faid  Port;    and  the  Public    "chcvunof 
Treafurer  fliall  pay  fuch  Draught  at  IVibmngton,    each  Court  of  Affize,    and  the    '^'''^^ 
CommifTioners  fhall  account  for  the  fame,  in  the  fame  Manner  as  other  Public  Mo- 
nies by  Law  are  to  be  accounted  for. 


watching,  and 


pay 
tun 


CHAP.     V. 

An  Act  to  revive  an  Act^  intituled^  An  Act  to  appoint  an  Agent  to  follicit  the  Affairs 
of  this  Province  at  the  feveral  Boards  in  England.     EXP. 

C  H  A  P.  6.     An  Act  for  granting  to  his  Majejly  a  Duty  on  the  Importation  of  Rum 
and  IVine  into  Anion  County  from  South  Carolina.     REP. 

7.     An  Act  to  alter  the  'Times  for  holding  the  Courts  for  the  County  of  Cra-    Provic^ed  for  ^r 

_  tlie    Infer.  Court 

^^"'  Aa,  palXd  Nov. 

1764.,    Chap,  3. 


CHAP,     VIII. 

An  AJl  to  confirm  the  four  Lots  in  Newbern  Towny    lately  conveyed  to  the  Commiffioners 
for  the  Public  Buildings^  for  the  life  of  the  Public  for  ever. 

I.  TXTHEREASbyan  A6t  of  the  General  AfTembly,  pafTed  at  Ne'wbern,  the  ^,\^m. 

VV  Seventeenth  Day  of  March,  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  P'orty  Nine,  intituled.  An  additional  A51  to  an  A£f,  inlttuled^ 
An  A'ct  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping  Public  Offices ;  for 
a 'pointing  Circuit  Courts,  and  defraying  the  Ex  pence  thereof;  and  alfo  for  eftabliping  the 
Courts  ofjuftice,  and  regulating  the  Proceedings  therein  ;  John  Starkey,  Edward  Griffdhy 
and  Jeremiah  Vail,  were  appointed  CommifTioners,  with  full  Power  and  Authority 
to  agree  with  any  Perfon  or  Perfons  to  ereft,  carry  on,  and  perfeft,  the  Public 
Buildings  at  the  Town  of  Newbeni ;  which  faid  CommilTioners,  agreeable  to  a  Re- 
folve  of  the  General  AfTembly,  had,  by  the  faid  Comminioners  for  conveying  Lots 
in  the  Town  of  Newbern,  granted  to  them,  their  Heirs  and  AfTigns,  for  the  Ufe  of 
the  Public  for  ever,  by  Deed,  bearing  Date  the  Seventeenth  l3ay  of  April,  One 
Thoufani  Seven  Hundred  and  Fifty,  Four  Lots  of  Land  in  the  faid  Town,  known 

S  2  in 


140 


LAWS    of    North-Carolina. 


J.  D.    175 1. 


Lots  faved. 


This  Aft  fal?a 
■wi'h  the  Road 
AH,  which  il 
lepealed. 


in  the  Plan  thereof  by  the  Numbers  248,  249,  250,  251  •,  which  faid  Lots,  by 
Reafon  of  the  Provifo  in  the  faid  Deed  mentioned,  will  foon  become  lapfable,  and 
thereby  the  Money  already  expended  towards  the  Public  Buildings  now  begun, 
will  be  loft,  and  the  good  Intentions  of  the  faid  Law  defeated :  For  Remedy 
whereof, 

II.  W  E  pray  it  may  be  Enaded,  Jnd  le  it  Enacted,  by  his  Excellency  Gabriel 
johnfton,  Efc^,  GoverJtor,  by  and  with  the  Advice  and  Ccnfent  of  his  Majejlfs  Coiir.cily 
and  the  General  JJfembly  of  the  faid  Province,  and  by  the  Authority  of  the  fame.  That 
the  faid  Four  Lots  of  Land  in  the  Town  oi  Newbern,  numbered  248,  249,  250, 
251,  fhall,  and  they  are  hereby  declared  to  be  faved,  for  the  Ufe  of  the  Public  for 
ever  for  the  Purpofes  aforefaid,  by  Virtue  of  the  faid  Deed,  in  as  full  and  ample 
Manner,  as  if  the  faid  Commiflioners  had  erefted  a  Houfe  on  each  of  the  faid  Lots, 
of  the  Quality  and  Dimenfions  prefcribed  by  one  A  A  of  Aflembly,  paffed  at  a  Ge- 
neral Biennial  Aflembly,  held  at  Edenton,  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  Twenty  Three  -,  and  alio  mentioned  in  one  other  A6t  of  Af- 
fembly,  pafled  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Eight,  intituled.  An  A51  for  the  better  regulating  the  Town  of  Newbern,  for  fencing 
thTfame,  and  fecuring  the  Titles  of  the  fever al  Perfons  who  hold  Lots  in  the  faid  Town  -, 
any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  in  any  wife,  notwithftanding. 


CHAP.     IX. 

An  Act  to  amend  andfupply  the  Defects  of  an  Act,  intituled.  An  Adt  to  appoint  Com- 
miflioners in  the  Place  and  Stead  of  thofe  deceafed,  to  compleat  and  finifli  the 
Church  at  Newbern,  and  for  adding  the  prefent  Churchwardens  and  Veftrymen 
to  the  faid  Commiflioners,  and  for  impowering  the  faid  Commiflioners,  Church- 
wardens, and  Veftrymen,  to  call  the  former  Commiflioners  to  account,  for  all 
the  Monies  by  them  received  for  the  Ufe  of  the  faid  Church,  and  to  appropriate 
it  to  the  Purpofe  aforefaid,  and,  in  Cafe  of  Infufficiency,  to  lay  a  Levy  to  accom- 
plifli  the  fame.     O  B  S. 

C  H  A  P.  10.     An  Act  to  impower  the  Jujlices  0/ Johnfton  County  to  divide  the  fame 
into  Diflricts,  and  to  appoint  ComtniJJioners  for  the  Roads. 


CHAP.     XI. 

Jn  Act  to  invejl  the  Property  of  a  Bridge  in  John  Peacock,  his  Heirs  and  AJJigns  (by 
him  already  built  over  Contentnee  Creek)  for  the  Term  of  Twenty  Five  7  ears. 

Private.  1.  TTTHEREASa  Bridge  over  Great  Contentnee  Creek,    on  the  main  Road 

YY  leading  from  Johnfton  County  to  Edgcomb  County,  is  much  for  the  Con- 
veniency  of  Travellers,  and  Samuel  Peacock  having  already  built  one  on  his  own 
Land,  at  his  own  Expence,  where  the  main  Road  croflTeth  the  Creek,  and  petition- 
ing to  be  allowed  the  Privilege  of  taking  and  receiving  from  Travellers  the  ufual 
Rates  they  were  accuftomed  to  pay  when  he  kept  a  Ferry  there,  and  to  be  invefted 
with  the  fole  Property  of  the  faid  Bridge  for  the  Space  of  Twenty  Five  Years  : 

II.  W  E  pray  it  may  be  Enabled,  And  he  it  Enabled,  by  his  Excellency  Gabriel 
Johnfton,  Efq;  Governor,  by  and  zvith  the  Advice  and  Confent  of  his  Majeftfs  Council, 
and  the  General  Afjembly  of  this  Province,  and  by  the  Authority  of  the  fame.  That  it 
fliall  and  may  be  lawful  for  the  faid  Samuel  Peacock,  his  Heirs  or  Afllgns,  to  keep 
a  fufiicient  Gate  on  the  Bridge  built  by  him,  on  Great  Contentnee  Creek,  where  the 
Road  now  croflTeth  the  faid  Creek,  leading  from  Johnfton  County  to  Edgcomb  County, 
and  take  and  receive  from  all  Perfons  that  fliall  pafs  over  the  fame  the  following 
Toll  fejiicd.  Rates,  that  is  to  fay  :  For  every  Man  and  Horfe,  Four  Pence  ;  for  every  Carriage 
drawn  by  One  or  Two  Horfes  or  Oxen,  One  Shilling ;  and  for  every  Horfe,  Mare, 

or 


Public  Br'.dg 
be  built. 


L    -^    /^  .S"      O/      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  141 

or  O::,  Four  Pence  each  ;    and  for  every  Head  of  Neat  Cattle,  One  Penny  ;    and  ^^-  -O-  'JS^- 

for  every  Twenty  Hogs  or  Sheep,  One  Shilling,  and  fo  in  Proportion  for  a  greater  *--^V~—- ' 
or  kfler  Number  of  Hogs  or  Sheep  ;    for  and  during  the  Space  of  Tv/enty  Pivc 
Years,  and  no  longer. 

III.  /iND  be  it  further  Ena5Ied,  That  during  the  Time  the  Bridge  fhall  be  kept  f^'"'/'"'  '''/'''"s 
in  Repair,  and  fit  for  Travellers  and  Carriages  to  pafs  and  repais  the  fame,  it  ihail  e  M.ks  li\i.  '" 
not  be  lawful  for  any  PerJbn  whatfoever  to  keep  any  Ferry,  build  any  Bridge,  or 
fet  any  Perfon  or  Perfons,  Carriage  or  Carriages,  Cattle,  Hogs,  or  Sheep,  over 
the  faid  Creek,  for  Fee  or  Reward,  within  Six  Miles  of  the  lame,  during  the  Time 
aforefaid,  under  the  Penalty  of  Twenty  Shillings,  Proclamation  Money,  for  each 
and  every  Offence ;  to  be  recovered  by  the  faid  Samuel  Peacock,  his  Heirs,  Execu- 
tors, Adminiftrators,  or  Affigns,  before  any  Magiftrate  of  the  County,  to  be  applied 
to  the  Ule  of  the  Proprietor  of  the  Bridge  built  by  the  faid  Samuel  Peacock ;  and, 
during  the  faid  Time,  the  Right  and  Property  of  the  faid  Bridge  is  hereby  invelled 
in  the  faid  Samuel  Peacock,  his  Heirs,  Executors,  Adminiftrators,  or  Afilgns. 


CHAP.    XII. 

An  Act  for  building  a  Church  in  Wilmington,  in  St.  J zmes' s  Parifj,  in  New  Hanover 

County,     (a) 

I.  T  "¥  7  H  E  R  E  A  S  the  Church  of  St.  James's  Parifh,  in  New  Hanover  County,    p,:vat9. 

y  y  is  by  L.aw  appointed  to  be  built  in  the  Town  of  IVilmin^ton  ;  and  whereas 
many  well  difpofed  Perfons  have  fubfcribed  liberally  thereto,  and  a  further  Sum  is 
yet  neceflary  to  carry  on  and  compleat  the  fame :  Wherefore, 

II.  W E  pray   that  it   may  be  Enaded,    And  be  it  Enabled,   by  his  Excellency   Tax  ua  for 
Gabriel  Johnfton,  Efq;  Governor,  by  and  vfith  the  Advice  and  Confent  of  his  Majeftfs    chl'r  "h  "^^ 
Coumil,   arid  the  General  Affembly  of  this  Province,    and  it  is  hereby  Enacted,    by  the 
Authority  of  the  fame.    That  a  Tax  of  One  Shilling  and  Four  Pence,  Proclamation 
Money,  be  laid  on  all  the  Taxables  of  the  faid  Parilh  of  St.  James's,  for  the  Space 

of  Three  Years  from  the  Ratification  hereof  j  to  be  colledted  yearly,  and  every 
Year,  as  all  other  Taxes  ufually  are,  by  the  Sheriff'  of  New  Hanover  County,  and 
to  be  by  him  accounted  for,  and  paid  yearly,  to  the  Commiflioners  in  this  Act 
hereafter  appointed,  or  the  Majority  of  them. 

III.  A  N  D  to  encourage  a  further  and  larger  Subfcription,  for  compleating  the  Subfcr;b<-rs  to 
faid  Church  in  a  decent  Manner,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  church."""'' 
every  Sublcriber  fhall  have  a  proper  Place  in  the  faid  Church,    to  build  a  Seat  or 

Pew  upon,  in  Proportion  to  his  Subfcription,  as  the  Commiflioners,  or  the  Majo- 
rity of  them,  may  determine  -,  which  Piece  or  Parcel  of  Ground  fo  adjufted  and  fet 
off",  fhall  be  an  Eftate  of  Inheritance  to  fuch  Perfon  or  Perfons,  his  or  their  Heirs 
or  Affigns,  for  ever ;  fuch  Perfon  or  Perfons  building,  or  caufing  to  be  built,  fuch 
S^at  or  Pew,  as  the  Commiflioners  may  judge  proper  and  regular,  fo  as  the  fame 
be  fet  up  and  finiflied  within  Six  Months  after  compleating  the  faid  Church. 

IV.  AND  be  it  Enacted,    by  the  Authority  aforefaid.    That  the  Commiflioners    c  rr.m;aionerf  t» 
hereafter  mentioned,  or  the  Majority  of  them,  fhall  have  it  in  their  Power  to  kt  oft'   ^''''l^  ''o'"  *'' 

r      I     T->     r  11-  J  J  '  creamy  Swjti. 

to  fuch  PerJons  and  their  Famihes,  Inhabitants  of  St.  James's  Parifli,  fuch  Places 
for  erecting  Seats,  and  under  fuch  Regulations,  as  they,  or  the  Majority  of  them, 
may  judge  moft  proper. 

V.  AND  that  the  faid  Church  may  be  carried  on  and  finifhed  in  the  befl  and 
neateil  Manner,    and  with  ail  proper  CEconomy,    Be  it  Enacted,    by  the  Authority 

aforefaid^ 

^^y)  See  A6ls  May  1757,    Chap.  4,    Nov.  1760,    Cliap.  8,    Dec.  1770,    Chap.  13,    for  amending 
this  Aft. 


14^ 


To  mske  Vh  of 
30  Fea  of  Mar- 
ket Street, 


LAWS    of    North -Carolina. 


aforefaidy  That  all  the  Members  of  his  Majefty's  Council,  Samuel  Sivann,  Jofepb 
Blake,  l-Filliam  Paris,  John  Sampfon,  Lewis  D'-Rojfei,  and  Jcbn  AJIo,  Efquires,  be 
appointed  Commiffioners ;  and  they,  or  the  Majority  of  them,  relident  in  the  faid 
Parifh,  fhali  have  and  maintain  an  Adion  in  any  Court  of  Record  in  this  Province, 
apainit  any  Subfcriber  neglefting  or  refufing,  after  Demand  made,  to  pay  the 
Money  by  him  or  her  fublcribed  to  and  tor  building  tiie  faid  Church  :  And  tiie 
Commifnoners,  or  the  Majority  of  them,  as  aforefaid,  are  hereby  impowered  to  fix 
upon  a  proper  Plan  for  the  faid  Church,  and  to  agree  with  Artificers,  to  purchafe 
and  pret  the  Materials  together  convenient  for  the  Building,  with  all  that  may  be 
necellary  for  compleating  the  fame. 


VI.  AND  whereas  a  Piece  or  Parcel  of  Land  is  already  allotted,  and  made 
over  by  Michael  Higgins,  at  that  Time  one  oi  the  Proprietors  ol  the  aforefaid  Town 
of  tVil'itington,  lor  the  building  a  Church  and  Church  Yard,  the  whole  containing 
only  Half  an  Acre,  which  being  too  fmall  for  aniwering  both  Purpofes  :  Be  it 
Enactel,  by  the  Authority  aforefaid.  That  the  faid  Commiffioners  fhall  be  at  Liberty, 
and  they  are  hereby  impowered,  to  make  Ufe  of  Thirty  Feet  of  Market  Street,  for 
the  Front  of  the  faid  Church  to  be  feated  upon,  it  they  judge  neccflary. 


Church  Yard  to 
be  enlarged. 


SuWcribers  dying 

p.)ir-(reH'if-"s.-^ts, 

and  n  H^ir,  &c. 
claiming  n  three 
Ve.rs  "church- 
wardens to  claim. 


Cormnimoners  to 

yesi^y  I  !t!e  their 
Accounts. 


Court- Hoiife  al- 

jiifd  for  a  Place 
of  Woifhip,  till 
Churcb  fimihed, 


VII.  AND  for  enlarging  the  Church  Yard,  Be  it  Enacted,  hy  the  Authority 
aforefaid.  That  the  Commiirioners  before  mentioned,  fhall  be,  and  they  are  hert.by 
impowered,  to  purchale  luch  other  Farcels  of  Ground,  adjoining  to  the  faid  Half 
Acre,  as  they  may  judge  convenient,  for  the  Ufe  of  the  Church  and  Church  Yard. 

VIII.  AND  be  it  further  Ena5ied,  by  the  Authority  aforefaid.  That  if  any  Sub- 
fcriber flidll  die  poflelied  of  a  Seat  in  the  faid  Church,  and  no  Heir  or  Affign  of  any 
fuch  Subfcriber  or  Subfcribers,  fo  dying  poiTefled  as  aforefaid,  lliall  claim  the  iame 
within  Three  Years  after  the  Death  of  luch  Subfcriber,  the  Churchwardens  tor  the 
Time  being,  are  hereby  impowered  to  difpo'e  of  the  fame,  for  the  Benefit  of  the 
faia  Parifh  ;  any  Thing  in  this  Aft,  to  the  contrary,  notwithftanding. 

IX.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  CommifTi- 
oners  fliall  yearly,  on  every  Eafler  Monday,  if  required,  produce  a  fair  State  of  their 
Accounts,  with  the  Vouchers,  to  the  Veftry  and  Churchwardens  of  the  faid  Panfh 
of  St.  James's,  for  the  Time  being. 

X.  AND  whereas  the  CommilTioners  of  the  Town  of  TVilmingtcn,  with  feveral 
of  the  Inhabitants,  have  fitted  up  a  decent  Place  for  Public  Worlhip,  in  a  conveni- 
ent Fart  of  the  Court  or  Town  Houfe,  Be  it  Enacted,  by  the  Authority  aforefaid. 
That  the  fame  fhall  be  continued  as  a  Place  fitted  for  the  Public  Worfliip  ot  Al- 
mighty God,  without  any  Interruption,  Lett,  or  Hinderance,  of  the  Sheriff  or 
Commiffioners  of  the  faid  Town,  or  any  other  Perfon  Vv'hatfoever,  until  iuch  Time 
as  the  Church  of  the  Parifh  is  finifhed,  fo  as  there  be  fufficient  Room  remaining  for 
the  Courts  of  Affize,  the  County  and  other  Courts,  to  be  held  therein. 


Perfon  to  he  em- 
ploved  to  keep  it 
clean. 


XI.  AND  that  the  faid  Houfe  may  be  kept  in  a  cleanly  and  decent  Manner, 
Be  it  Enacted,  by  the  Authority  aforefaid.  That  the  Commiffioners  of  the  faid  Town 
for  the  Time  being,  be,  and  they  are  hereby  impowered,  to  agree  with  and  pay  a 
proper  Perfon  undertaking  the  fame,  a  Sum  not  exceeding  Five  Pounds,  Proclama- 
tion Money,  per  Annum,  for  the  keeping  the  fud  Houfe  fwept  and  clean,  opening 
and  lliutting  the  Doors  and  Windows,  ringing  of  the  Bell,  and  other  neceffary  At- 
tendance on  all  Public  Occafions,  to  be  defrayed  out  of  the  faid  Tax  of  the  faid 
Town. 


NoMeetiner  f.r        XII.     AND  be  it  Enactcd,  by  the  Authority  aforefaid.  That  no  Perfon  or  Perfons 

S'tbls'^^Coart'. '''    ^^^^  ^^  allowed  to  hold  any  Public  Meetings,    for  Diverfions  of  any  Kind,    in  the 

jHoufc.  faid  Court  or  Town  Houfe,    by  Allowance  of  any  Commiffioner,    Sheriff,    or  any 

other  Officer  whatfoever,  until  the  faid  Church  fhall  be  finilhed,  under  the  Penalty 

of 


LAWS    of    North-Carolina. 


H3 


of  Ten  Pounds,    Proclamation  Money;    one  Half  for  the  Ufe  of  the  Parifli,    the   ^.  D.  1751. 
other  Half  to  him  or  them  that  will  fue  for  the  iame,    in  any  Court  of  Record  in 
this  Province ;  wherein  no  EfToin,  Protection,  or  Wager  of  Law,  fliall  be  allowed 
or  admitted  of. 


CHAP.     XIIL 

An  A5f  to  appoint  Commiffioners  to  receive,    cclIeSf,   and  apply,    Suhfcriptiom  to'irards 
^building  of  a  Church  in  the  lown  0/"  Brunfwick,  in  Si.  Philip'j  Parijh,  and  for  other 
Ujes  therein  mentioned,     (a) 

I-  TT  f  HERE  AS  feveral  well  difpofed  Perfons  are  inclined  to  fubfcribe  and   ivivate, 

yy  contribute  fcveral  Sums  of  Money  towards  building  a  Church  in  the 
Town  of  Brunfivick,  in  the  Parilh  of  Si.  Philip,  and  County  of  New  Hanover :  For 
the  more  eflcttual  collefting  and  applying  the  iad  vSubicnpcions, 

II.  WE  pray  it  may  be  Enaded,  .Ind  be  it  Enacted,  by  his  Excellency  Gabriel 
Johnftv^n,  Efq\  Governor,  by  and  with  the  Aavice  anu  Cunjeni  of  his  Majejiy's  Council 
and  jhe  General  Affe:nbly  oj  this  Province,  an^  it  is  heret^y  Lnaced,  by  the  Authority  of 
the  fane.  That  the  Honourable  Mattheiv  Rowan,  ana  fayr^es  Hajell,  Efquires,  John 
Ruffell,  and  Willtam  Dry,  Efquires,  Richard  ^mce,  «nd  john  Davis,  Gentlemen, 
be  and  are  hereby  appointed  Commiffioners,  with  fuil  Power  and  Authority  to  col- 
lect and  receive  of  and  from  all  and  every  Perfon  or  t^crlons,  contnbutino-  to  the 
building  of  the  laid  Church,  the  fcveral  Sum  or  Sunis  of  Money,  or  other  Donations 
whatfoever,  which  fhall,  at  any  Time  hereafter,  be  by  juch  Perfon  or  Perfons 
Jeverally  fubfcribed  and  contributed. 


Comminioner* 
appoir.tcd  to  re- 
ceive Donations. 


And  recover  any 
SuiTii  hrqneaihed 
to  the  Church. 


._  III.  AND  be  it  further  E^iaEled,  by  the  Authority  nforefaid.  That  in  Cafe  any 
Pcrlon  or  Perfons,  fubfcribing  or  contributing  as  atorclaiti,  his  or  their  Heirs,  Ex- 
ecutors, or  Adminiftrators,  ihall  negledl  or  reiule  to  pay  to  the  laid  Commiffioners, 
or  the  Majority  of  them,  or  their  Order,  the  Sum  or  Sums  by  them,  their  Ancef- 
tors,  Tellators,  or  Inteftates,  refpedively  fublcrib^cl,  given,  bequeathed  or  con- 
tributed as  aforefaid,  it  ihall  and  may  be  lawful  to  and  lor  the  faid  Commiffioners, 
or  the  Majority  of  them,  for  the  Time  being,  to  maintain  an  Action  or  Adtions  in 
their  own  Names,  againft  fuch  Perfon  or  Perll.ns  neglecting  or  refufing  as  aforefaid, 
in  any  Court  within  this  Province,  wherein  the  lame  is  cognizable. 

IV.  AND  be  it  Enacted,  by  the  Authority  aforefaid.  That  in  Cafe  of  the  Death,    Commimjaer.  to 
Departure  out  of  the  Parifh,  or  Refufal  to  act,  of  any  of  the  faid  Commiffioners,  it    ''^  '"^^  "^" 
fhall  be  lawful  for  the  remaining  Commiffioners,  together  with  the  Churchwardens 

and  Vcftry  of  the  faid  Parifh  for  the  Time  being,  to  choofe  and  appoint  another 
Commiffioner,  in  the  Room  of  fuch  Commiffioner  dying,  departing  the  Parilh,  or 
retufing  to  aft  as  aforefaid  •,  and  the  Commiffioner  fo  elefted  and  appointed,  fhall  be 
invefled  with  all  the  Powers  and  Authorities  of  any  other  Commiffioner  appointed 
by  this  Aft. 

V,  AN D  be  it  further  Enabled,   by  the  Authority  aforefaid.    That  the  feveral   d -nations  to  b; 
Sums  of  Money,  or  other  Donations  whatfoever,  which  fhall  be  collefted  or  received,    buiiding'the"''' 
by  Virtue  of  this  Aft,  fhall  be  applied  by  the  faid  Commiffioners,  or  the  Majority 
of  them,  from  Time  to  Time,  for  and  towards  building  a  Church  in  the  Town  of 
Brunfwick  aforefaid,  and  towards  purchafing  a  Glebe,  and  building  a  Manfion  Houfe 
for  the  Ufe  of  the  faid  Parifh. 


Church. 


VI,  AND  be  it  further  EnaHed,  That  the  Commiffioners  appointed,  or  to  be 
appointed,  by  Virtue  of  this  Aft,  fhall  account,  upon  Oath,  with  the  Veftry  of  the 
faid  Parilh,  on  Eflfler  Monday  in  every  Year,  for  all  the  Monies,  or  other  Donations, 

which 


(a J  See  Aa  Nov.  1760,    Chap.  S. 


Ccmm'rtl.incrs  to 


144  L  A  PV  S    0/     North-Carolina. 


A.  D.  1751.  which  they  or  either  of  them  fliall  receive,  for  the  Ufe  and  Purpofes  hereinbefore 
mentioned,  under  the  Penalty  of  Ten  Pounds,  Proclamation  Money,  for  each  Com- 
milTioner  refufing  or  negleding  to  account  as  a'orefaid  •,  to  be  recovered  by  the 
Churchwardens  of  the  faid  Parifh  for  the  Time  being,  for  the  Ufe  of  the  faid  Parifh, 
in  any  Court  of  Record  within  this  Province,  wherein  the  fame  is  cognizable. 


CHAP.    XIV. 

/In  AB  to  appoint  a  convenient  Place  for  holding  the  County  Court  of  Duplin,  and  to 
impower  the  Commijfioners  therein  named  to  build  a  Court-Houfe^  Prijcn^  and  Stocks, 
in  the  faid  County,  and  for  enlarging  the  Bounds  thereof,     (a) 

Prirate,  J.  x  "T  T  H  E  R  E  A  S  by  an'  Ad,  intituled.  An  AB  for  ere5Jing  the  upper  Fart  of 

\y  Nevir  Hanover  County  into  a  County  and  Parij'h,  by  the  Name  of  Duplin 
County,  and  St.  Gabriel'j  Parifh,  and  for  appointing  a  Place  for  building  a  Ccurt-Houje, 
Prifon,  and  Stocks,  in  the  faid  County,  amongft  other  Things  it  was  Enafted,  That 
the  Juftices  of  the  faid  Court,  or  the  Majority  of  them,  at  their  firft  Meeting,  fhould 
nominate  and  appoint  a  convenient  Place  within  the  faid  County,  to  build  a  Court- 
Houfe,  Prifon,  and  Stocks  -,  which  faid  Juftices,  being  then  unacquainted  with  the 
Bounds  of  the  faid  County,  did,  by  Order  of  the  faid  Court,  appoint  a  Place  whereon 
to  build  a  Court-Houfe,  Prifon,  and  Stocks  -,  which  faid  Place,  on  Examination, 
^  is  found  to  be  within  Ten  Miles  of  the  Eaftern  Bounds  of  the  faid  County,    to  the 

great  Incommodity  and  Detriment  of  the  Inhabitants  thereof  attending  the  faid 
Court:  Wherefore, 

pi«t  to  be  ap.  II,  W  E  pray  it  may  be  Enaded,  And  be  it  Enacted,  ly  his  'Excellency  Gabriel 
KclfrHoufe',  Johnfton,  Efq;,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefty's  Council, 
tic  '    and  the  General  AJfembly  of  the  faid  Province,   and  by  the  Authority  of  the  fame.  That 

the  Court-Houfe,  Prifon,  and  Stocks,  for  the  faid  County  of  Duplin,  lliall  be  fixed 
as  near  the  Centre  of  the  faid  County  as  conveniently  can  be,  and  that  Mr.  Arthur 
Blackman,  Mr.  Anthony  PFilliams,  Mr.  William  M''Gee,  Mr.  John  Brock,  of  Duplin 
County,  and  Mr.  William  Mills,  of  Onflow  County,  or  the  Majority  of  them,  are 
hereby  appointed,  upon  their  Oaths,  to  fix  the  moil  convenient  and  central  Place 
in  the  faid  County  to  build  the  faid  Court-Houfe,  Prifon,  and  Stocks,  on ;  and 
their  Proceedings  thereon  return  to  the  next  County  Court,  after  they,  or  the  Ma- 
jority of  them,  fliall  agree  on  the  fame. 

ComT^KTnnera  HI,     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Mr.  George 

•ppoinced  or  it.  j^^^y.^^  ]y[j._  WHUam  Houflon,  and  Mr.  Jofeph  Williams,  be,  and  they  are  hereby  ap- 
pointed CommifTioners  for  eredting  and  building  the  faid  Court-houfe,  Prifon,  and 
Stocks ;  and  alfo  to  contract  and  agree  with  Workmen  to  build  the  fame,  of  fuch 
Dimenfions  as  fliall  be  agreed  on  by  the  County  Court, 

Tax  already  col-  JV.  AND  for  defraying  the  Expence  thereof.  Be  it  Enacted,  by  the  Authority 
lefted,  applied.  ^j-Qf.gjijjj^  That  fo  much  of  the  Tax  laid  upon  the  Inhabitants  of  the  faid  County, 
and  already  collefled,  as  well  as  what  hereafter  may  be  collefted,  for  and  towards 
building  the  Court-Houfe,  Prifon,  and  Stocks,  fliall  be  by  the  Sheriff*  of  the  faid 
Connty,  accounted  for  and  paid  unto  the  afore-mentioned  Commiflioners,  and  be 
by  them  applyed  for  and  towards  building  the  Court-Houfe,  Prifon,  and  Stocks, 
in  this  Adl  mentioned  to  be  built. 

paufe  repealed.  V.  A  N  D  be  it  Enacted,  by  thi  Authority  aforefaid.  That  the  Claufe  in  the  be- 
fore-recited Aft,  fo  far  as  relates  to  the  appointing  a  Place  for  building  a  Court- 
Houfe,  Prifon,  and  Stocks,  and  building  the  fame,  be  and  is  hereby  repealed, 
and  made  void,  to  all  Intents,  Purpofes,  and  Confl:ru>5lions,  as  if  the  fame  had  never 
been  made. 

VI.  AND 

(a)  See  Aft,  Feb,  1754,  Chap,  n,  for  amending  this  Aft. 


L  A  IV  S     of    North-Carolina. 


145 


VI.     AND  whereas  the  dividing  Line  between  New  Hanover  County  and  Dm-  '  A.  D.   1-51 . 
flin  is  Ciicumlcribed  by  Cohery^  by  which  Means  a  long  narrow  Stripe  of  Land,     .^—^V^' ~"| 
between  tae  laid  Cohery  and  Black  Kicer\    ftill  remains  in  New  Hanover  County,    ca"d!^ 
whicii  renders  ic  very  inconvenient  to  the  Inhabitants  dwelling  thereon  to  attend  the 
Courts  at  JVd.nington^    by  Rea.on  of  its  great  Diftance  therefrom  ;    Be  it  therefore 
Ena.ed,  by  the  A.Uhority  aforefaid.  That  the  Line  between  the  :aid  Counties  Ihail  be 
continued  rroin  the  l:^]ace  Wiiere  Cohery  and  the  Six  Runs  meet,  by  a  Weft  Courfe, 
until  cne  i^me  itrikes  Black  River,    and  from  thence  the  County  of  Duplin  fhall  be 
bounded  by  Uiack  River,    up  to  the  IVIouth  of  Black  Mingo  Creek,    thence  up  the 
faid  Creek  to  the  Bounds  oi  the  faid  County ;    any  Thing  in  the  Ad  for  erefting 
the  upper  ir'art  of  i\eiv  Lancver  County  into  a  County  and  Parilh,  by  the  Name  of 
Jju^  lin  County,  and  St.  Gabriel's  Parifh,  tor  the  appointing  a  Place  for  building  a 
Court-Houle,   Prilon,    and  Stocks,   in  the  faid  County,   concerning  the  Bounds  of 
the  laid  County,  to  the  contrary,  notwithftanding. 


CHAP.     XV. 

>f»  /f^?  to  impcwcr  the  Court  of  Bladen  County,  to  lay  out  certain  Diflri5fs  in  the  Places    Prov'^cJ  f"r  by 
therein  mentioned,  and  to  appoint  Commijfioners  of  the  Roads  for  the  fame.  '""[[-^  \ln^ii(ii 

Ch.ip    3 

CHAP.   16.     An  A"?  to  amend  an  Aff,   intituled.    An  Aft  for  eflablifliing  the    Thi.Aav.iis 
Church,    for  appointing  Parifties,    and  the  Method  of  eledtino-    'V'}'  '^'  7'"'' 

Tr    n    '  1     c  1*       n*  I  1  r  •  ^      Act,   whiCn  u 

Vc-ltnes,    and  tor  directing  the  Settlement  of  Parifh  Accounts    r-^p^'td. 
throughout  this  Province. 

£  I  G  N  E  D    by 

^  Gabriel  Johnston,  Efqj  Governor. 

Matthew  Rowan,  Prefident. 
Samuel  Swann^  Speaker, 


ANNO 


146  L  ji  IV  S    of    North-Carolina. 


j1.  D.    1752'. 


ANNOREGNI 

G    E    O    R    G    I    I      II. 

REGIS 

MAGN^  BRlTANNIiE,  FRANCIS,  &   HIBERNIiE, 

VICESSIMO     Q^UINTO. 


Gabriel       At  a  General  ASSEMBLY,    held    at  Bath  Town,    the  Thirty  Firfl 

Johnston, 

Efq;   Cover-        Day  of  Murch^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hun- 
dred  and  Fifty  Two. 


G  H  A  P.    L 

^n  AB  for  licenfing  Traders^  Pedlars,  and  Petty  Chapmen,  and  granting  to  lis  Majejly 
an  Impojl  or  Duty  on  Goods,  Wares,  and  Merchandize,  to  raife  Supplies  for  defraying 
the  necejfary  Charges  of  Government.     EXP. 

C  H  A  P.  2     Jn  Act  for  facilitating  the  Navigation  of  Port  Bath,    Port  Rcanoke, 
and  Port  Beaufort.     EXP. 

3.  An  Act  for  appointing  a  I'reafurer  for  the  Counties  of  Currituck,  Paf- 

quotank,  Perquin.ons,  Chowan,  Tyrell,  Bertie,  Edgcomb,  North- 
ampton, ^?;^  Granville ;  and  for  continuing  an  A£i,  intituled.  An 
A61  to  appoint  a  Public  Treafurer,  in  the  Room  of  Eleazer  Allen,. 
Eiq-,  deceafed.     EXP. 

4.  An  A5f  to  amend  and  extend  an  A£i,  to  appoint  Infpectors  in  New  Han- 

over County,  and  for  regulating  the  Exports  at  Cape  Fear.     REP, 

5.  An  Act  to  amend  an  Act,  for  regulating  the  Pilotage  of  Cape  Fear 

River,  and  to  impower  the  Captain  of  Fort  Johnflon,  at  the  Mouth 
of  the  faid  River,  to  examine  all  Vejfels  entering  the  faid  River,  con- 
cerning the  Health  of  their  Crews  on  Board  the  faid  Vejfels.      R  E  P. 

Ti"'' Adt  repesi-  6.     An  Act  for  dividing  Part  of  QxzViViWt,  Johnflon,  rt;?i  Bladen  Cc?;;»7/';Vj-, 

Bound"  of  Orange  into  u  County  and  Parijh,  by  the  Name  o/"  Orange  County,  and  Parifn 

County  re-e(u.  qJ  St.  Matthcw  ;    and  for  appcintin?  Vetfrymen  for  the  faid  Parijh, 

sn't-  1756,  ^^-^  Other  Purpojcs  therein  mentioned.     R  E  P.- 

cbp.zz.  CHAP. 


L-^^-So/"    North -Carolina.  247 

CHAP.    VII.  A.  D.  .7.-2. 

An  AJl  for  appointing  and  laying  out  a  'To-jvn  at  a  Place  called  Blackman'j  Landing,  on 
the  iTejl  Side  o/Cafia  River,  on  a  Plantation  belonging  to  Joleph  Wimberly. 

I.  T"^  THE  RE  AS  many  of  the  Inhabitants  of  5fr/;V  County  have  petitioned    P'^v^te. 

y  y  for  an  Aft  for  appointing  a  Town  at  a  Pl;;ce  called  Blackman'&  Landing, 
on  the  VVefi  Side  of  Cafia  River,  on  a  Plantation  belonging  to  Jofeph  Wimberly,  and 
that  Commiirioners  may  be  appointed  for  laying  out  the  Jame  : 

II.  W  E  pray  ir  may  be  Enaded,   And  be  it  Enabled,    by  his  Excellency  Gabriel    T,.wn  nf  Wim- 
Johnllon,  Efq;  Governor,    by  and  ivitb  the  Advice  and  Coftfent  of  his  Majeftfs  Council,    ''"'^  '''^"^• 
and  the  GeJieral  /'JJembly  of  this  Province,    and  by  the  Authority  of  the  fame.    That  as 

foon  as  the  Proprietjr  of  the  faid  Land,  at  the  Place  called  Blackmanh  Landing, 
fhall  acknowledge  his  Confent  and  Concurrence,  in  open  Court  of  the  faid  County, 
to  have  Fifty  Acres  of  Land  laid  out  for  a  Town,  as  herein  after  is  directed,  it 
Ihall  and  may  be  lawful  for  'Thomas  iVhitmiU,  John  Hill,  and  John  Hearft,  who  are 
hereby  nominated  and  appointed  Cominiffioners,  with  full  Power  and  Authority  to 
lay  out  Fifty  Acres  of  Land,  at  the  faid  Place  called  Blachnanh  Landing,  for  a 
Town,  by  the  Name  of  Wiiubery  ;  and  they,  or  the  major  Part  of  them,  are  hereby 
direfled  and  impowered  to  lay  out  Fifty  Acres  of  Land,  at  and  adjoining  the  faid 
Landing,  ir^to  Lots,  of  Half  an  Acre  each,  with  convenient  Streets,  and  a  Place 
for  a  Church  and  Market. 

III.  A  ND  be  it  further  Ena'^ed,  by  the  Authority  aforefaid.  That  when  the  Com-    L-^ts  to  be  gfant- 
mifiioners  as  aforefaid,  or  the  major  Fart  of  them,  have  laid  out  the  faid  Town  in    "*" 
Manner  as  aforefaid,  every  Perfon  whatfoever  who  is  willing  to  be  an  Inhabitant  of 

the  laid  Townj  fhall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  afore- 
fai-1,  and  not  before  taken  up-,  which  Lot  or  Lots  the  Commiffioners,  or  the  Ma- 
jority of  them,  are  hereby  impowei-ed  and  directed  to  grant,  convey,  and  acknow- 
ledge, by  Deed,  to  the  Perion  or  Perfons  fo  taking  up  the  fame,  and  his  Heirs  and 
Affigns,  for  ever,  in  Fee  Simple,  upon  Payment  of  I'hirty  Shillings,  Proclamation 
Money. 

IV.  A NB  be  it  further  Enabled,    by  the  Authority  aforefaid,    T\\2X.'M.x.  Robert    x.-'afurer  a?- 
Itunter  b;,  and  he  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  and    F-i'^tcii. 
Sums  of  Money  which  fhall  arife  by  the  Sale  of  the  faid  Lots,  for  the  Ufe  of  the 

faid  jofeL-h  Wimberly,  his  Heirs  and  Afllgns ;  and  on  the  Death,  or  Departure  out 
of  the  Government,  of  the  faid  Treafurer,  the  faid  CommifTioners,  or  the  Majority 
of  them,  fliall  appoint  fome  other  Perfon,  in  the  Place  of  the  faid  Treafurer. 

V.  AN  T)  he  it  further  Enacled,  by  the  Authority  aforefaid.  That  the  Treafurer  to -^we  Security 
herein  appointed,  and  every  Treafurer  that  may  be  hereafter  appointed,  by  the  f  r  pi)ing  Mo. 
CommifTioners  as  aforefaid,  fliall  give  Security  to  tiie  County  Court,  that  he  fhall  p,'L\or'.  ^^'^ '''"' 
and  will  account  and  pay  in  all  the  Monies  he  fhall  receive  by  the  Sale  of  all  and 

every  the  Lot  and  Lots  that  fliall  be  fold  in  each  Year,  on  the  Tv/enty  Fifth  Day 
of  March,  yearly,  to  Mr.  Jofeph  Wimberly,  his  Heirs  or  AfTigns. 

VI.  PR  0  FID  E  D  alivays.  That  if  any  Lot  or  Lots  fhall  be  granted  and  con-  ^ot  to  be  f^^■f^ 
veycd  by  the  faid  CommifTioners,  to  any  Perlbn  or  Perfons  whatfoever,  who  fliall  in  isi  Months,  or 
not,  within  Eighteen  Months,  build  a  good,  fubftantial,  habitable  framed  or  Brick  f"'*"'-'"^- 
Houfe,  not  of  lefs  Dimenfions  than  Twenty  Feet  in  length,  and  Sixteen  Feet  wide, 

with  a  Brick  Chimney,  fuch  Grant  or  Conveyance  fliall  be  void  and  of  none  Effe6l, 
as  if  the  fame  had  never  been  made-,  and  the  CommifTioners  may  grant  and  convey 
fuch  Lot  or  Lots,  which  fhall  not  be  built  on  within  the  Time,  and  in  the  Manner 
as  is  before  direded,  to  any  other  Perfon  or  Perfons  applying  for  the  fame,  and 
paying  the  Money  for  the  faid  Lot  or  Lots,  as  is  in  this  Act  before  directed,  lor 
the  Ufe  of  the  laid  Jofeph  Wimberly,  his  Heirs  or  AfTigns,  as  aforefaid. 

"         T  2  CHAP. 


j^8  LAWS    of    North-Carolina. 

A.  D.  1752.  CHAP.    VIII. 

An  AlI  to  explain  and  amend  an  A5f,  intituled^  An  A61  for  impowering  tlic  feveral 
Commiflioners  herein  after  named  to  make,  mend,  and  repair,  all  Roads,  Bridges, 
Cuts,  and  Water  Courfes,  already  laid  out,  or  hereafter  to  be  laid  our,  in  the 
feveral  Counties  and  Diftridls  herein-after  appointed,  in  fuch  Manner  as  they 
judge  moft  ufeful  to  the  Public.     REP. 

CHAP.     IX. 

An  A51  to  encourage  Caleb  Grainger  to  build  a  Bridge  over  Smith'j  Creel^  near  the  Place 
known  by  the  Name  of  Smith'j  Creek  Ferry,  in  New  Hanover  County. 

Private,  I.  TTTHEREASa  Bridge  over  Smith's  Creek,  near  the  Place  where  the  Ferry 

y  y  now  is,  would  be  very  convenient  for  Travellers ;  and  Caleb  Grainger 
being  defirous  of  building  one  there,  at  his  own  Expcnce,  on  Condition  of  having 
the  Benefit  thereof  for  the  Space  of  Twenty  Five  Years : 

Rridgetobebuiit.  II.  BE  it  Ena^cd,  by  his  Excellency  GzhneX  ]o\\r\^ov\,  Efq-,  Governor,  hy  and 
with  the  Advice  and  Confent  of  his  Majeflfs  Conn-  il,  and  the  General  AJjhnbly  of  this 
Province,  and  it  is  hereby  Enaoted,  by  the  Authority  of  the  fame.  That  it  Iliall  and 
may  be  lawful  for  the  faid  Caleb  Grainj^er,  his  Executors,  Adminiftrators,  or  Affigns, 
to  ere6l  and  build  a  good  fubilantial  Bridge  over  Smith's  Creek,  as  near  as  he  con- 
veniently can  to  the  Place  where  the  main  Road  crofleth  the  faid  Creek,  near  the 
Place  commonly  called  Smith's  Creek  Ferry ;  and  after  building  the  faid  Bridge  as 
aforefaid,  it  fball  and  may  be  lawful  for  the  faid  Caleb  Grainger,  his  Heirs,  Execu- 
tors, Adminiftrators,  or  Afligns,  to  keep  a  fufBcient  Gate  thereon,  and  take  and 
receive,  from  all  Perlbns  that  fhall  pafs  over  the  fame,  the  following  Rates,  that  is 
to  fay  :  For  every  Man  and  Horfe,  Four  Pence ;  for  every  Carriage,  drawn  by  One 
or  Two  Horfes  or  Oxen,  One  Shilling  -,  and  for  every  Ox  or  Fiorfe  more,  Four 
Pence  each  ;  and  for  every  Head  of  Neat  Cattle,  One  Penny ;  and  for  every  Twenty 
Hogs  or  Sheep,  One  Shilling,  and  fo  in  Proportion  for  a  greater  or  lefler  Number 
of  Hogs  or  Sheep  :  And  for  all  Travellers  on  Foot,  living  in  the  County  of  Neia 
Hanover,  Two  Pence  each,  for  and  during  the  Space  of  Twenty  Five  Years. 

E't^witTin^'"        III.     A  N  D  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  after  the  faid 
Miles.  Bridge  is  fo  built  and  compleated  as  aforefaid  (provided  the  faid  Bridge  fhall  be  fo 

done  within  Two  Years  after  the  paffing  of  this  A6t)  it  Ihall  not  be  lawful,  during 
the  Time  the  faid  Bridge  fhall  be  kept  in  Repair,  and  fit  for  Travellers  and  Carriages 
to  pafs  and  repafs  over  the  fame,  for  any  Perfon  whatfoever  to  keep  any  Ferry, 
build  any  Bridge,  or  kx.  any  Perfon  or  Perfons,  Carriage  or  Carriages,  Cattle,  Hogs, 
or  Sheep,  over  the  faid  Creek,  for  Fee  or  Reward,  within  Six  Miles  of  the  famiC, 
during  the  Time  aforefaid,  under  the  Penalty  of  Twenty  Shillings,  Proclamation 
Money,  for  each  and  every  Offence  •,  to  be  recovered,  by  a  "Warrant,  by  the  faid 
Caleb  Grainger,  his  Heirs,  Executors,  Adminiftrators,  or  AfTigns,  before  any  Ma- 
giftrate  of  the  County  of  Nezv  Hanover ;  to  be  applied  to  the  life  of  the  Proprietor 
of  the  Bridge  built  by  the  faid  Caleb  Grainger :  And  during  the  faid  Time,  the 
Right  and  Property  of  th.e  faid  Bridge  is  hereby  invefted  in  the  faid  Caleb  Grainger, 
his  Heirs,  Executors,  Adminiftrators,  or  Affigns. 

B'ui?e  t-^  be  k  pt       IV.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  when  the 
m  R>:p:iT.  aforefiid  Bridge  fhall  be  built,    the  aforefaid  Caleb  Grainger,  his  Heirs,  Executors, 

Adminiftrators,  or  Affigns,  fhall  keep  the  fame  in  good  Order,  and  fit  for  paffing 
over,  during  the  aforefaid  Space  of  Twenty  Five  Years ;  and  fhall,  at  the  Expira- 
tion thereof,  leave  the  fame  in  like  good  Order. 

SIGNED     by 

Gabriel  Johnston,  Efq;  Governor. 
Matthew  Rowan,  Prefident. 
Samuel  Swann,  Speaker. 


Toll  rettled. 


LAWS    o/'North-Carolina.  149 

A.  D.  1753. 


^^     ^^     &^     ^^     ^^     ^^      ^^      ^^    ^^    &^     ^^    ^^     ^^ 

"^   ;^-^   ^^   5^-^   5^^   ^^    kjt^    ^^  M   ^"^   5^^  ^-^  ^^'^ 


ANNO     REGNI 

G    E    O    R    G    I    I       11. 

REGIS, 

MAGN7E     BRITANNIiE,     FRANCIS,     &     HIBERNI^, 

VICESSIMO     SEXTO. 

At  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  the  Twenty    ^^^-^-^^^^ 
Seventh  Day  of  Marchy  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Fifty  Three. 

CHAP.     I. 

An  Act  to  prevent  excejfive  and  deceitful  Gaming.     EXP. 

C  H  A  P.     II. 

An  Act  for  appointing  and  laying  out  a  Toizn  on  Core  Banks,  near  Ocacock  Inlet^  in 
Carteret  County ^  and  for  appointing  Commijfioncrs  for  complecting  the  Fort  at  or  near 
the  fame  Place. 

I.  T  'T^  7  H  E  R  E  A  S  the  Trade  of  this  Province  is  greatly  obftructed  by  Reafon    PrWate. 

Y  y  of  the  Shoals  which  lay  within  Ocacock  Inlet,  fo  that  the  Merchants  and 
other  Traders  are  obliged  to  employ  fmall  Veflels,  in  lightening  others  of  greater 
Burthen  over  the  Swatch,  which  is  not  only  very  expenfive,  but  alfo  very  danger- 
ous, for  Velfels  of  large  Burthen  laying  at  the  Swatch,  during  the  Time  they  are 
fo  lightening  over  it,  notwithftanding  Ships  of  very  great  Burthen  may  with  great 
Safety  come  over  Ocacock  Inlet,  and  commodioufly  ride  at  Anchor  in  the  Harbour 
adjoining  Core  Banks :  And  as  it  is  found,  by  Experience,  that  the  Merchants  trad- 
ing in  Albemarle  County,  PampUco,  and  Neufe  Rivers,  are  obliged  to  fend  down  to 
Ocacock  Inlet  or  Core  Banks,  fometimes  the  whole,  and  almoft  always  one  Hah'  of 
the  Loading  of  their  VefTels,  of  any  confiderable  Burthen,  fo  that  it  is  abfolutely 
neceiiary  to  have  Warehoufes  and  other  Conveniences  on  tiie  faid  Banks,  near  the 
faid  Harbour,  for  the  Reception  and  fafe-keeping  of  the  Commodities  they  are  con- 
ftantly  obliged  to  fend  down,  for  compleating  the  Loading  of  their  Ships : 

II.     W  E  therefore  pray,  it  may  be  Enafted,  And  he  it  Enacted.,  by  the  Tlcuourable 
Matthev/  Rowan,  Efn_-,  Prcfident,  by  and  ivith  the  Advice  and  Ccnjcnt  of  his  Majejlfs 

Council., 


15° 


L  A  JV  S    of    North-Carolina. 


Aticl  granting 
Ljts. 


Trejfurer  ap- 
pointed. 


V/ho  is  to   give 


Lots  to  be  f.ived 
in  i3  Mjn'.hs. 


^i■).^ey  granted 
1  ■-  bu.lding  a 
Futt, 


Council,  and  the  General  ylffembly  of  this  Province,  and  by  the  Authority  of  the  fame, 
That  it  fhall  and  may  be  lawful  for  Mr.  Jofeph  Bell,  of  Carteret  County,  Mr.  John 
Williams,  and  Mr.  Jofeph  Leech,  of  Newbern  Town,  Mr.  Michael  Coutanch,  of  Bath 
Town,  Mr.  John  Campbell,  of  Edenton,  or  any  Three  of  them,  who  are  hereby  ap- 
pointed CommifTioners,  with  full  Power  and  Authority  to  lay  out  Fifty  Acres  of 
Land  on  Core  Banks,  moft  convenient  to  the  faid  Harbour,  adjoining  the  faid 
Banks,  for  a  Town,  by  the  Name  of  Portfmouth,  into  Lots  of  Half  an  Acre  each, 
with  convenient  Streets,  as  they  may  think  requifite. 

III.  AND  be  it  Enacted^  by  the  Authority  aforefaid.  That  when  the  Commif- 
fioaers  aforefaid,  or  the  major  Part  of  them,  have  fo  laid  out  the  Town  in  Manner 
aforefaid,  every  Perfon  whatfoever  who  is  willing  to  be  an  Inhabitant  of  the  iaid 
Town,  Ihall  have  Liberty  to  take  up  any  Lot  or  Lots  of  Land  fo  laid  out  as  afore- 
faid, and  not  before  taken  up,  which  Lot  or  Lots  the  CommifTioners,  or  the  Ma- 
joritv  of  them,  are  hereby  impowered  and  directed  to  grant,  convey,  and  acknow- 
ledo-e,  by  Deed,  to  the  I'erfon  or  Perfons  fo  taking  up  the  fame,  and  his  or  their 
Heirs  and  AlTigns,  for  ever,  in  Fee  Simple,  upon  the  Payment  of  Twenty  Shil- 
lino-s,  Proclamation  Money. 

IV.  ANT)  be  it  further  Enabled,  That  Mr.  Jofeph  Bell  be,  and  is  hereby  ap- 
pointed Trea'urer  and  Receiver  of  all  fuch  Monies  which  fliall  arife  by  the  Sale  of 
the  faid  Lots,  for  the  Ufe  of  John  Kerfey,  the  now  Proprietor  of  the  faid  Land,  his 
Heirs  and  Afllcrns;  and  on  the  Death,  or  Departure  out  of  this  Govern.rent,  of 
the  faid  Treafurer,  or  any  one  of  the  before  mentioned  Commiflioners,  that  the  faid 
CommifTioners,  or  the  Majority  of  them,  fhall  appoint  fome  other  Perfon  (in  the 
Place  of  the  faid  Treafurer  or  CommifTi)ner  fo  dead  or  departed)  in  the  Place  or 
County  where  the  faid  Treafurer  or  CommifTioner  fo  dead  or  departed  did  refide. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Treafurer 
herein  appointed,  and  every  Treafurer  to  be  chofen  or  elefted  by  Virtue  of  this  Aitj 
fhall  crive  Security  to  the  County  Court  of  Carteret,  that  he  fhall  and  will,  from 
Time  to  Time,  account  and  pay  in  all  the  Monies  he  fhall  receive,  by  the  Sale  of 
all  and  every  Lot  or  Lots  that  fhall  be  fold  in  each  Year,  on  the  Twenty  Fifth  Day 
of  March  yearly,  to  the  faid  John  Kerfey,  his  Heirs  or  AfTigns. 

VI.  PR  0  VI D  E  D,  That  if  any  Lot  or  Lots  of  Land  fliall  be  granted  and 
conveyed  by  the  faid  CommifTioners,  to  any  Perfon  or  Perfons  whatfoever,  who 
fliall  not,  within  Eighteen  Months  after  the  faid  Conveyance,  build  a  good,  fub- 
ftantial,  habitable  frarned  or  Brick  Houfe,  or  a  good  fubftantial  Warehoufe,  of  not 
lefs  Dimenfions  than  Twenty  Feet  in  length,  and  Sixteen  Feet  wide,  fuch  Grant  or 
Conveyance  fnall  be  void  and  of  none  Effed:,  as  if  the  fame  had  never  been  made  -, 
and  the  CommifTioners  may  and  fhall  grant  and  convey  fuch  Lot  or  Lots  to  any 
other  Perfon  or  Perlons  applying  for  the  fame,  on  their  paying  the  Money  for  the 
faid  Lot  or  Lots,  as  is  in  this  Aft  befoi-e  directed,  for  the  Ufe  of  the  faid  John  Ker- 
fey, Proprietor  of  the  faid  Land,  his  Heirs  or  AfTigns  aforefaid. 

VII.  AND  whereas  the  faid  Town  will  be  a  maritime  Town,  far  difVant  from 
the  Bulk  of  the  Inhabitants  of  this  Province,  and  liable  to  the  Depredations  of  an 
Enemy  in  Time  of  War,  and  Infults  from  Pirates  and  other  rude  People  in  Time  of 
Peace;  Be  it  therefore  further  Enacted,  That  the  Sum  of  Two  Thoufand  i'ounds. 
Proclamation  Money,  heretofore  appropriated  for  building  a  Fort  or  Fcrtification 
at  or  near  Ocacock  Inlet,  by  an  Aft  of  AlTembly,  intituled.  An  Act  for  granting  unto 
his  Majefiy  the  Sum  of 'Tiuenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds,  Protlawa- 
tion  Money,  and  for  Jiamping  and  emitting  the  faid  Sum,  depcfitcd  in  the  Hands  of  the 
Treafurer  of  the  Northern  Diflrift,  be,  and  is  hereby  appropriated  tovv'ards  dif- 
charging  the  Expences  of  building  and  crefting  the  faid  Fort  or  Fortification. 

VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Com- 
mander in  Chief  for  the  Time  being,    the  Honourable  Francis  Corbin,    r,nd  Jcln 

RienJfett, 


L    A    f'V  S      c/'      N  O  R  T  H  -  C  A  R  O  L  1  N  A.  J  ^  j 


Rieuffett,    Efquires,    Mr.  Jofeph  Bell,    Mr.  John  JViUiams,    Mr.  Jofeph  Leech,    Mr.     ^'  D.  1753. 

Michael  Coiitanch,  and  Mr.  John  Campbell,  be,  and  are  hereby  nominated  Commif- 

fioners,  in  the  Place  and  Stead  of  the  Commiffioners  nominated  in  the  aforelaid  AcT:, 

to  compleat  and  finifli  the  faid  Fort  or  Fortification  ;    and  they,  or  tl:e  Majority  of 

them,  fhall  be,  and  are  hereby  in  veiled  with  all  the  Powers  and  Authorities  given  to 

the  Com  -niflioners  in  the  before  mentioned  A6t,  nominated  and  appointed  for  build- 

ino;  the  fame-,  and  that  the  laid  Fort  lliall  be  called  Fort  Granville. 


CHAP.     III. 

yf»  JJf  to  revive  an  J  continue  a  Claufe  in  an  AB  of  the  General  AJfembly  of  this  Province, 
intituled,  An  Ad  to  fix  a  Place  for  the  Se.  t  of  Government,  and  for  keeping 
Public  Oinces  •,  for  appointing  Circuit  Courts,  and  defraying  the  Expcnce 
thereof;  and  alfo  for  eliablilliing  the  Courts  of  Juftice,  and  regulating  the  Pro- 
ceeJiniis  therein.     EXP. 


CHAP.    IV. 

An  Act  to  relieve  fuch  Perfons  that  have,  or  may  fuffer,  by  the  Lofs  of  the  Records  in 

Onilow  County. 

I.  TyrHEREAS  by  a  violent  Storrh  cr  Whirlwind,  in  September  lafl:  paft,    PicamWe. 

y  Y  the  lluufe  ot  Mr.  Thcnas  black,  late  Clerk  of  the  Court  for  the  County 
of  Onjiow,  together  with  the  Court-Houle,  and  n;ofl;  of  the  Records  belonging  to 
the  County  Court,  were  blown  away  and  deftroyed,  whereby  the  Etlates  of  many 
Orphans  and  other  Perfons  may  be  very  much  perplexed  and  prejudiced  :  For  Re- 
medy v\  hereof, 

II.  B  E  it  Enacted,  by  the  Honourable  Matthew  Rowan,  Efq;  Pre/dent,  by  and  c^py  of  Records 
with  the  Advice  and  Ccnfent  of  his  Majeftfs  Council,  and  the  General  Ajjhnbly  of  this  vljen/e*''"  *"  ^' 
Provime,    and  by  the  Authority  of  the  fame.    That  from  and  after   the  pailing  of  this 

Act,  the  Copy  of  any  Judgment,  Order,  Settlement  of  Orphans  and  their  Eltates, 
or  other  Record  of  any  Matter  or  Thing  tranfafted  or  done  in  the  County  Court  of 
Onflow,  attelled  under  the  Hand  of  the  Clerk  who  recorded  the  fame  (in  fuch  Cafes 
where  the  Original  is  loft  or  deftroyed)  fliall  and  may  be  given  in  Evidence  in  any 
Difpute  or  Controverfy,  or  in  any  Court  whatfoever,  and  lliall  have  the  fame  Weight 
and  Credit  given  to  it  as  the  original  Record  might,  or  ought  to  have,  could  it 
have  been  produced. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  Perfons  where  Cop;«  nf 
have  neo;lr6led  taking  Copies  from  the  Clerk's  Office,  or  may  have  loft  them,  and  '^  '^""^s  a,e  1  ft, 
are  defirous  to  perpetuate  the  Memory  of  fuch  Judgments,  Order,  Probat  of  a  Will  th-^m,  .  n  due 
or  Deed,  Dilpofal  of,  or  Settlement  of  Orplians  Eftates,  or  any  other  Matter  or 
Thing  tranfaited  and  done  in  the  faid  County  Court,  it  fhall  and  may  be  lawful, 
upon  due  Proof  made  in  open  Court,  to  the  Si-tisfaftion  of  the  Juftices  of  fuch 
Court,  at  any  Time  within  Two  Years  next  enfuing  the  pafiing  of  this  Aft,  to 
caufe  the  fame  to  be  entered  on  Record  by  the  Clerk  of  the  Court,  in  a  particular 
Book  for  th.it  Purpofe,  and  therein  fnall  recite  the  Witneflcs  proving  the  fame,  and 
that  the  original  Record  was  loft-  in  the  Storm  -,  for  which  Service  he  Ihall  be  al- 
lowed a  fiifficient  Rcw.ird,  at  the  Difcretion  of  the  Juftices  of  the  County  Court,  • 
to  be  paid  out  of  the  County  Tax. 


P:i>.r     niaoe 
I  he  C\uit. 


IV.     AND  be  it  further  Enacted,  That  fuch  Record,  fo  made,  fiiall  and  may,    c„..i, Recr^rd? 
at  all  Times  hereaitr.r,  be  pleaded  and  given  in  Evidence,  and  have  the  fame  Au-    dtcxcd  good, 
thority  in  any  Caufe  or  Court  whatfoever,    as  the  Original  would  have,    could  it 
have  been  produced. 

V.     AND 


152  LAWS    of    Nokth-Carolina. 


4.  Z).  1753.        V.     AND  whereas  fmce  the  Storm,  for  Want  of  Houfes  and  Accommodations, 
> — J^^Thlirin    ^^'^  Court  could  not  be  held  at  Johnfton  ;  Be  it  Ena"ed^  That  it  {hall  not  be  deemed 
}ohnfton,  to  be   or  adjudged  Error  in  any  Proceedings,  or  other  Public  Bufinefs,  tranfaded  in  the 
«e^to  '" '''°'    ^^^*^  Court  or  County  of  Onjlow,  by  Reafon  the  fame  hath  not  been  held,    or  here- 
after fliall  not  be  held  and  tranfafted  in  the  Town  of  Johnfton^  until  a  new  Court- 
Houfe  Ihall  be  built  for  the  laid  County,    in  the  Town  of  Johnfton ;    and  that  the 
fame  fhall  be  built  within  Two  Years  from  the  paffing  hereof. 

CHAP.     V. 

^n  Aci  to  prohibit  the  Exportation  of  Grain  in  T'ime  of  Scarcity.     EXP. 


CHAP.     VI. 

Jn  additional  A£l  to  an  Act  concerning  Servants  and  Slaves. 

Preamble.  j^  T"17HEREASbyan  A6V,  intituled,  An  Act  concerning  Servants  and  Slaves, 

y  Y  among  other  Things,  it  is  provided,  that  no  Slave  Ihail  go  armed  with 
Gun,  Sword,  Club,  or  any  other  Weapon,  or  fhall  keep  any  fuch  Weapon,  or 
fhall  hunt  or  range  in  the  Woods  with  a  Gun,  upon  any  Pretence  whatibtver,  ex- 
cept fuch  Slave  or  .-laves  who  fliall  have  a  CertifiLate,  as  in  the  faid  At\  is  picviucd  ; 
and  whereas  the  Remedy  in  the  laid  Ad.  provided  has  proved  ineffectual  to  reltrain 
many  Slaves  in  divers  Parts  of  this  Province  Irom  going  armed,  which  may  prove 
of  dangerous  Confequence  :  For  Remedy  whereof. 


Slaves  not  to 

hunt  with  a  Gtir\      _^ 

unleb  their  Ovv-      KOWan 


II.  W  E  pray  it  may  be  Enafted,  And  be  it  Enacted,  by  the  Honourable  Matthew 
)wan,  Efq;  Prefident,  by  and  ivith  the  Advice  and  Ccnfent  of  his  Majejtfs  Council, 
r7nr^'the!'Ti'  '^^^  ^^''^  General  Ajfembly  of  this  Province,  That  from  and  after  the  palling  of  this 
hiZm.  ^"  "'  Ad,  no  Certificate  fliall  be  figned  by  any  Chairman  of  any  County  Court  in  this 
Province,  allowing  any  Slave  to  carry  a  Gun  and  hunt  in  the  Woods,  unlejs  the 
Mafler,  Miilrefs,  or  Manager  of  fuch  Slave,  ihall  firfl  enter  into  Bond,  with  fufli- 
cient  Security,  to  the  County  Court,  either  before,  or  at  the  Time  fuch  Certificate 
fhall  be  given,  for  the  good  and  honeft  Behaviour  of  fuch  Slave ;  which  Bond 
may  be  affigned  over  to  any  Perfon  or  Perfons  who  fhall  be  injured  by  fuch 
Slave  •,  which  Affignnee  fhall  and  may  maintain  an  Adtion  thereon,  and  recover 
fuch  Damages  as  he  or  ihe  fhall  or  may  fullain  by  fuch  Slave,  in  any  Court  of  Re- 
cord in  this  Province,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information ;  wherein 
no  Effoin,  Injunction,  Proteftion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted 
of. 

In  what  C:.fes  HI.     AND  bc  it  furthcv  Enacted,  That  no  Slave  fliall  have  or  carry  a  Gun  in 

'gwI  ""^  "''^  any  Plantation  where  Crop  is  not  tended,  nor  more  than  one  in  any  Plantation 
where  there  is  Crop  tended,  nor  after  Crop  is  houfed  :  And  the  Mafter,  Miflrefs, 
or  Overfoer  of  any  Slave,  with  whom  fhall  be  found  any  Gun,  Sword,  or  other 
Weapon,  contrary  to  the  true  Intent  and  Meaning  of  this  and  the  before  recited 
A(5l,  fliall  forfeit  and  pay,  to  the  Perfon  finding  the  fam.e,  the  Sum  of  Twenty 
Shillings,  Proclam.ation  Money  -,  to  be  recovered  by  a  Warrant  before  any  one  Juftice 
of  the  Peace  for  the  County  where  the  OiTence  fliall  be  committed,  any  Punifhn  ent 
inflifted  on  the  Slave,  Forfeiture  of  the  Gun,  Sword,  or  other  Weapon,  notwith- 
ftanding;  unlefs  fuch  Mafler,  Miftrefs,  or  Overfcer,  fliall,  by  their  own  Oath,  or 
other  Proof,  make  appear  that  fuch  Slave  carrying  a  Gun,  Sword,  or  other  Weapon, 
was  without  their  Confent  or  Knowledge. 

Court  to  .ppoint  jy.  ^jVD  be  it  further  Enacted,  That  the  Tuflices  of  each  County  Court,  when 
and  where  they  judge  it  nece(Tc.ry,  fliall  divide  their  refpedtive  Counties  into  Diicricts, 
and  yearly,  at  the  firfi:  Court  to  be  held  for  their  Counties  refpeftively  after  the  firfi: 
Day  of  May,  fhall  appoint  three  Freeholders  in  each  Diflridt  as  Searchers,  who  fliall 
take  tlie  follovvinsi;  Oath,  viz.  I 


LAWS    of    North-Carolina. 


^Sl 


IA.  B.  do  [ivear  that  I  will,    as  Searcher  for  Guns,    Swords,    and  other  Weapons, 
among  the  Slaves  in  my  Dijtriuf,  faithfully,  and  as  privately  as  I  can,  difcharge  the 
Truft  repofed  in  me. 


A.  D. 


'753- 


as  the  Lavj  dire:7s,  to  the  hefi  of  vty  Poiier. 

SO  HELP  ME  GOD. 


Their  Oath. 


Which  Searchers  fliall  four  Times  in  a  Year,    or  ofcener  if  they  think  neceflary,    wh^areto(i»r<rh 
fearch  and  examine  th3  Quarters  and  other  Places  where  Negroes  refort  in  their    ^"Sf^  Qiarurs. 
Dillridt,  for  any  Gun,  Sword,  or  other  Wea]  on,  and  upon  finding  any  of  the  faid 
Weapons,    are  hereby  required  to  feize  the  fame,    and  convert  them  to  their  own 
Ufe,  as  by  the  aforc-recited  Adt  is  directed. 

V.  AND  be  it  further  Erajted,    That  any  Perfon  appointed  Searcher  as  afore-    Pen.  on  searcw 
faid,    who  Ihall  neglc6t  or  refufe  to  ail,    fliall  forfeit  and  pay  the  Sum  of  Forty    '^''"'"'"e  "^  »«• 
Shillings,  Proclamation  Money,  to  fuch  Perfon  who  Ihall  next  llicceed  liim ;  to  be 
recovered  as  other  Fines  ia  this  A6t  mentioned, 

VI.  AND  for  the  Encouragement  of  fuch  Searchers  faithfully  to  execute  their  s.a.chers  Ptiw. 
Office,  Be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  each  and  every  Searcher   '"8"- 

fhall,  as  to  his  own  Perfon,  ht,  during  the  Time  of  his  Continuance  in  his  Office, 
exempted  from  ferving  as  a  Conllable,  or  upon  the  Roads,  or  in  the  Militia,  or  as 
a  Juror,  and  fhall  not  be  obliged  to  pay  any  Provincial,  County,  or  ParifhTax, 
of  what  Kind  or  Nature  Ibcver. 

VII.  PROVID  ED  ahvays.  That  no  Perfon  but  fuch  as  are  liable  to  be  ap-  who  may  be  ap- 
pointed ConfVabies,  fliall  be  obliged  to  krve  as  Searchers ;  any  I'hing  in  this  Ad,  p^'""^''^""^"'- 
to  the  contrary,  notwithftanding. 

VIII.  AND  be  it  Ena'Sled,  by  the  Authority  aforefaid.  That  no  Slave  Ihall  hunt    Penalty  on  siav« 
or  range  in  the  Wowds  with  a  Dog  or  Dogs,  except  luch  as  Ihall  nave  a  Certificate    d^^j"^  "'"* 
for  hunting,  obuuned  as  is  i:i  this  Adl  directed:    And  if  any  Slave  ihall  be  found 
o.Tending  herein,  it  fliall  and  may  be  lawful  for  any  Perfon  or  Perfons  to  kill  and 

deftroy  the  faid  Dog  or  Do^s,  and  to  bring  the  faid  Slave  before  the  next  Magiftrate, 
who  fliall,  on  due  Proof  of  his  O  Jence,  order  t!ie  faid  Slave  fuch  Corredion  as  he 
Ihall  judge  reafonable,  not  exceeding  Thirty  LaHies. 

IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Slave    inwhitCafe* 
or  Slaves  fhall  be  killed  on  Oudawry,    or  fhall  commit  any  Crime  or  Mifdemeanor   via'eTsiivIsfcaii 
for  which  he,  Ihe,  or  they,  fliall  be  capitally  convided,  the  Owner  of  fuch  Slave    be  p^.d  for. 

or  Slaves  fo  oudawed  or  executed,  Ihall  be  debarred  all  Claim  on  the  Public  for 
the  Value  of  fuch  Slave  or  Slaves,  and  the  Juflices  of  the  County  Court  and  Free- 
holders, who  fhall  value  the  Slave  or  Slaves  fo  killed,  or  fit  on  the  Trial  of  fuch 
Slave  or  Slaves  fo  capitally  convicled,  fhall  not  make  any  Certificate  of  the  Value 
of  the  fame,  unlels  it  fhall  be  made  appear,  on  Motion  for  fuch  Certificate,  by  the 
Owner,  or  fome  other  Perfon,  that  fuch  Slave  or  Slaves,  killed  on  Outlawry,  or 
capitally  convided,  Ihall  have  been  fufficiently  cloathed,  and  Ihall  likewife  have 
conilantly  received,  for  the  preceding  Year,  an  Allowance,  not  lefs  than  a  Quart 
of  Corn  per  Diem. 

X.  AND  be  it  Enacted,  by  the  Authority  aforefaid.  That  in  Cafe  any  Slave  slaves  not  fed  ac. 
or  Slaves,  who  fhall  not  appear  to  have  been  cloathed  and  fed  according  to  the  In-  Aa,'"fteaHng''"' 
tent  and  Meaning  of  this  Aft,  fliall  be  convifted  of  Healing  any  Corn,  Cattle,  Hogs,  c.  rn,  &c  ;„. 
or  other  Goods  whatfoever,  from  any  Perfon  not  the  Owner  of  fuch  Slave  or  Slaves,  fur^he"own'',' 
fuch  injured  Perfon  fhall  and  may  maintain  an  Adlion  of  Trefpafs  againft  the  Mafter,  '"'  Trefpafs. 
Owner,  or  Poffeflbr  of  fuch  Slave,  in  the  General  or  County  Court,  and  fhall  re- 
cover his  or  her  Damages,  with  Colls  of  Suit ;  any  Law,  Ufage,  or  Cuflom,  to  the 

contrary,  notv/ithftanding. 


u 


C  H  A  P. 


i^^  LAWS    of    North-Carolina. 


ji.  D.  1752.  CHAP.    VII. 

Jd'^'bin'^he'^"''  ■^^  -^^  f°^  erecting  the  upper  Part  of  Anfon  County  into  a  County  and  PariJJ:,  by  the 
Bounds  of  Rowan  J^ame  of  Ko^nn  County,  and  Si.  Luke's  Parijh;  and  for  appointing  a  Place  for 
bHihed^  b^Aft,        holding  a  Court  in  the  faid  County. 

Sept.  1756,   Ch.  __^ 

sz..  — — — '  '       ~~~  '  ■^      "" 

CHAP.     VIII. 

An  Act  to  amend  an  Act.,  intituled.,  An  Aft  for  dividing  Part  oi  Granville.,  Johifton, 
and  Bladen  Counties,  into  a  County  and  Parifh,  by  the  Name  of  Orange  County, 
and  the  Parifh  of  St.  Matthew,  and  for  appointing  Veftrymen  for  the  faid  Parilh, 
and  other  Purpofes  therein  mentioned.     REP. 

SIGNED     by 

Matthew  Rowan,  Efq;  Prefident. 
Jaraes  Murray.,  Prefident  of  the  Council. 
Samuel  Swann^  Speaker. 


.^ooo<..^<.oo»X^.oooo.i^oo«,.5|.oo<.o.^ 


ANNO 


L  A  JV  S    o/'North-Garolina.  155 


ANNO     REGNI 

G    E    O    R    G    I    I 

REGIS, 

MAGNiE     BRITANNIA,     FRANCIS,     &     HIBERNIiE, 

VICESSIMO     SEPTIMO. 


At  a  General  ASSEMBLY,  begun  and  held  at  IVihmngton^  the  Nine-   Matthew 

Ro\VAN,Ef(j; 

teenth  Day  of  February,  in  the  Year  of  our  Lord  One  Thoufand  Seven   ^''^^i*^^"^- 
Hundred  and  Fifty  Four. 


CHAP.     I. 

/.n  Act  for  granting  to  his  Majefty  the  Sum  of  Forty  Thoufand  Pounds^  in  Public  Bills 
of  Credit,  at  the  Rate  of  Proclamation  Money,  to  be  applied  toix:ards  defraying  the 
Expence  of  raijing  and  fuhfifting  the  Forces  for  his  Majefifs  Service  in  this  Province, 
to  be  fent  to  the  /Iffiflance  of  his  Majeflfs  Colony  of  Virginia,  and  for  other  Purpofes 
therein  mentioned. 

I.   ITTHEREAS  iiis  Majefty  hath  been  pleafed,  by  Inftruftiort  to  the  Com-   Preamble. 

y  y  mander  in  Chitrf  of  this  Province,  to  direft,  that  in  Cafe  any  European 
Power,  or  Indians  under  their  Influence,  fhould  make  any  hoflile  Invafions  on  this 
his  Majefty's  Province,  to  repel  Force  with  Force  •,  and,  on  Application,  to  affift 
any  neighbouring  Province,   if  any  Attack  fhould  be  made  on  them : 

II.  AND  vv'hereas  the  Government  of  Virginia  hath  defired  the  Afiiflance  of 
fome  of  the  Militia  of  this  Province  to  drive  off  the  French,  who  have  lately  aftually 
committed  Hoftilicics  on  that  Colony,  and  difperfed  and  plundered  m.any  of  the 
Inhabitants,  built  a  flrong  Fort,  and  placed  a  Garrifon  within  the  known  Bounds 
of  that  Colony  ;  this  AfTembly,  being  defirous  of  Ihewing  their  Duty  to  his  Majefty, 
and  Zeal  for  his  Service,  and  their  Concern  and  Defire  to  promote  good  Order, 
Literature,  and  true  Religion,  in  all  the  Parts  of  this  Province,  and  finding  it  im- 
prafticahle  (the  Scarcity  of  Money  being  fuch)  to  procure  a  Sum  fufficient  to  raife 
and  fubfift  Forces  to  be  fent  to  the  Aid  of  Virginia,  and  for  the  other  Purpofes 
above  mentioned,  by  an  immediate  Tax  on  the  People  :  Therefore, 

III.  W  E  pray  that  it  may  be  Enafted,  And  be  it  EnalTicd,  by  the  Honourable 
Matthew  Rowan,  Efq;  Prefuknt,  end  Commander  in  Chief,  by  and  "with  the  Advice 
and  Confent  of  his  Majejlys  Council,  and  the  General  Afjembly  cf  this  Province,    and  by 

U  2  the 


156 


LAWS    of    North-Carolina. 


y!.  D.  1754.  the  Authority  of  the  fame^  That  the  Honourable  John  Swann,  and  Lewis  De  Rcjfety 
Efquires,  Samuel  SwanUy  and  John  Starkey,  Efquires,  are  hereby  authorized  and 
impowered  Commiflioners,  to  ftamp  and  make  out,  or  caufe  to  be  ftamped  with 
Copper-Plates,  and  figned  with  their  Hands,  Public  Bills  of  Credit  of  this  Province, 
to  the  Amount  of  Forty  Thoufand  Pounds,  at  the  Rate  of  Proclamation  Money, 
that  is  to  fay  :  Two  Thoufand  Five  Hundred  Forty  Shilling  Bills,  Four  Thoufand 
Thirty  Shilling  Bills,  Four  Thoufand  Twenty  Six  Shillings  and  Eight  Pence  Bills, 
Six  Thoufand  Twenty  Shilling  Bills,  Six  Thoufand  Fifteen  Shilling  Bills,  Eight 
Thoufand  Ten  Shilling  Bills,  Eight  Thoufand  Five  Shilling  Bills,  Ten  Thoufand 
Four  Shilling  Bills,  Eleven  Thoufand  Two  Shilling  and  Eight  Penny  Bills,  Thirty 
Thoufand  One  Shilling  Bills,  Forty  Thoufand  Eight  Penny  Bills,  and  Thirty  One 
Thoufand  Four  Penny  Bills.  ' 


Nomber  of  Bills. 


Value  of  the 
Money, 


Penalty  on  Per- 
fons  counterfeit 
ing  it. 


IV.  AND  be  it  further  EnaEfed^  hy  the  Authority  aforefaid.  That  the  Bills  of 
Credit  to  be  emitted  by  Virtue  of  this  Aft  Ihall  be  current,  and  a  lawful  Tender 
in  all  Payments  whatfoever,  as  Proclamation  Money,  or  as  Sterling  Money,  at  the 
proper  Difference  there  is  between  Proclamation  Money  and  Sterling  Money,  that 
is  to  fay  ;  at  Four  Shillings,  Proclamation  Money,  for  Three  Shillings  Sterling. 

V.  AN  D  he  it  further  EnaHed,  by  the  Authority  aforefaid^  That  if  any  Perfon 
or  Perfons  fhall  counterfeit,  alter,  or  erafe,  any  of  the  faid  Public  Bills  of  Credit 
of  this  Province,  or  fhall  aid  or  affift  in  counterfeiting,  altering,  or  erafing  fuch 
Bills,  or  Ihall  utter  any  of  the  faid  Bills,  knowing  them  to  be  fo  counterfeited, 
altered,  or  erafed,  fuch  Perfon  or  Perfons  fo  offending,  fhall,  for  the  firft  Offence, 
be  whipped  at  the  Difcretion  of  the  Court  before  which  fuch  Perfon  fhall  be  con- 
vifted,  not  exceeding  Forty  Lalhes,  and  ftand  on  the  Pillory  Two  Hours,  and  have 
both  his  Ears  nailed  thereto,  and  cut  off;  and  for  the  lecond  Offence,  be  deemed  a 
Felon,  without  Benefit  of  Clergy,  and  fhall  be  adjudged  and  fuffer  accordingly. 


C^mmilTilnpr^ 
to  ijivc  Bund. 


VI.  AND  be  it  further  EnaHed^  by  the  Authority  afcrefaid.  That  each  of  the 
Commiffioners  herein  before  appointed  fhall,  before  he  enteis  upon  the  Execution 
of  his  Office,  give  Bond  to  his  Honour  the  Prefident,  or  Commander  in  Chief  for 
the  Time  being,  for  the  Ufe  of  the  Public,  in  the  Sum  of  Five  Thoufand  Pounds, 
Proclamation  Money,  for  the  due  and  faithful  Execution  of  his  Office,  according 
to  the  true  Intent  and  Meaning  of  this  Ad ;  which  faid  Bond  fhall  be  lodged  in  the 
Secretary's  Office  of  this  Province :  And  fhall  alfo  take  an  Oath,  for  the  due  and 
faithful  Execution  of  his  Office  of  Commiffioner  aforefaid. 


Money  to  be  paid 
the  Publis  Trea- 
fiircri. 


Their  Rewatd  VII.     AND  be  it  further  Enabled,    by  the  Authority  aforefaid.    That  the  faid 

'^'n' in'"out"  the"''   Commiffioners  fhall  have  and  receive,  for  their  ftamping  and  paying  out  the  faid  Bills 
Money.  of  Credit,  the  Sum  of  Eight  Hundred  Pounds,  Proclamation  Money. 

VIII.  AN  D  be  it  Enacted,  by  the  Authority  aforefaid.  That  as  foon  as  the  faid 
Commiffioners  fhall  have  ftamped  and  figned  the  fevcral  Bills  to  the  Amount  of 
Forty  Thoufand  Pounds,  Proclamation  Money  aforefaid,  they  lliall  deliver  the  fame 
(except  Twelve  Thoufand  Pounds,  to  be  paid  in  Manner  as  hereafter  dire6ted)  to 
the  Public  Treafurers,  in  fuch  Proportion  as  may  be  neceffary  to  difcharge  the  Pay- 
ments that  are  to  be  made  for  the  Purpofes  in  this  A6t  mentioned,  in  the  refpeclive 
Diftrids  of  the  faid  Treafurers ;  which  faid  Treafurers  (on  Notice  given  by  the 
aforefaid  Commiffioners,  of  the  Day  and  Place  they  v.-ill  deliver  the  faid  Bills)  fhall 
and  they  are  hereby  required  and  direded,  then  and  there  to  attend,  to  receive  the 
fame  in  Manner  aforefaid,  from  the  Commiffioners  aforefaid,  and  place  the  fame  in 
their  feveral  Offices,  to  and  for  the  Ufes,  Intents,  and  Purpofes,  in  this  A6t  after- 
mentioned. 


TreafurmAi.  IX.     AND  be  it  further  Enucted,    by  the  Authority  aforefaid.    That   each  of  the 

!T.-nr  ^"'  '*'   ^^^^  Public  Treafurers  fnall  have  and  be  allowed  One  per  Cent,  for  his  Trouble,  on 
all  the  Public  Bills  of  Credit  that  he  ffiall  receive  as  aforefaid,  and  pay  in  Virtue  of 

...  this 


cciv.ng. 


L  A  IV  S    of    North-Carolina. 


^57 


this  A(3:,   and  no  more ,    any  Law,    Ufage,  or  Cuftom,    to  the  contrary,  .notwirli-    ^-  D. 
ftandLng. 


1754- 


A  N  D  be  it  further  Enacted,    hy  the  Authority  afore f aid.   That  if  any  Com-    c«^m™moners 
sr  or  CommifTioners  aforefaid,    before  the  Sum  of  Forty  Thoufand  Pounds    vm.o'r  tfapp^mt 


X. 

mifTioner  or  (^ommiinoners  aioreiaia,    oerore  tne  ium  ot  l^orty 

Ihall  be  ftamped  and  figned,  fhall  die  or  depart  this  Government,  that  then  the  °'''"'' 
Governor,  or  Commander  in  Chief  for  the  Time  being,  fliall,  and  is  hereby  autho- 
rized and  impowered,  to  appoint  another  Perfon  or  Perlbns,  in  the  Room  and  Stead 
of  fuch  ComniifTioncr  or  Commiffioners,  fo  dying  or  departing  this  Government; 
and  fuch  Perfon  or  Perfons,  fo  appointed,  fhall  be  veiled  with  the  fame  Power, 
Benefits,  and  Authority,  and  be  lubjed  to  the  fame  Regulation  and  Reflridlions, 
as  the  CommiiTioner  or  Commiffioners  appointed  by  Virtue  of  this  Ad. 


Money  appropri- 

atcd. 


12,000 1,   to   the 
Fjii.cs. 


2C00  1.    to 

Johnfton. 


Fort 


XI.  AND  he  it  further  EmUed,  hy  the  Authority  aforefaid.  That  the  faid  Sum 
of  Forty  Thoufand  Pounds,  when  it  fliall  be  ftamped  and  figned,  be,  and  is  hereby 
applied  and  appropriated  for  the  Ufes,  Intents,  and  Purpofes,  herein  after  men- 
tioned, that  is  to  fay :  The  Sum  of  Twelve  Thoufand  Pounds  for  the  enlifting, 
fubfifting,  and  paying,  the  Forces  dtfigned  for  the  Afliftance  of  the  Colony  of 
Virginia,  againft  the  French  and  Indians,  who  have  invaded  the  faid  Colony  at  Ohio, 
which  fhall  be  paid  by  the  faid  Commiffioners,  by  Warrant  or  Warrants  from  the 
Governor,  or  Commander  in  Chief,  to  the  Colonel  or  Commanding  Officer  of  the 
Regiment,  or  his  Order;  which  faid  Officer  fhall  firft  give  Bond,  with  fufficient 
Security,  in  the  Sum  of  Twelve  Thoufand  Pounds,  Proclamation  Money,  payable 
to  his  Majefty,  his  Heirs  and  Succelfors,  for  the  Ufe  of  the  Public,  for  the  due 
Application  of  all  fuch  Monies  he  may  or  fhall  receive  in  Virtue  of  any  fuch  War- 
rant or  Warrants,  and  ftiall  alfo  account  for  the  fame  in  fuch  Manner  as  all  other 
Public  Monies  are  by  Law  to  be  accounted  for ;  which  Bond  fhall  be  lodged  in  the 
Secretary's  Office  :  And  fuch  Officer  fhall  retain  One  per  Cent,  for  receiving  and 
paying  the  faid  Money. 

AND  the  Sum  of  Tv;o  Thoufand  Pounds  to  the  Ufe  of  Fort  Johnfton,  for 
ftrengthening,  guarding,  watching,  and  preferving  the  laid  Fort;  to  be  drawn  cut 
of  the  Hands  of  the  Public  Treafurer,  by  Order  or  Warrant,  under  the  Hands  of 
the  Commiffioners  appointed,  or  to  be  appointed,  according  to  Law,  for  building 
the  faid  Fort,  or  the  Major  Fart  of  them,  in  the  fame  Manner  as  they  by  Law  are 
impowered  to  do. 

AND  the  Sum  of  Two  Thoufand  Pounds  for  the  finifhing  Fort  Granville,  at 
Ocacock  Inlet,  to  be  paid  by  the  Treafurer  to  the  Commiffioners  for  building  the 
faid  Fort,  by  a  Warrant  from  the  Governor,  or  Commander  in  Chief  for  the  Time 
bsmg;  they  firff  giving  Bond,  payable  to  his  Majefty,  his  Heirs  and  Succcffors,  in 
the  Sum  of  Four  Thoufand  Pounds,  Proclamation  Money,  for  the  Ufe  of  the  Pub- 
lie,  to  apply  the  fame  for  the  Ufes  by  this  Adl  intended,  and  to  account  for  the 
fame  with  the  Public  Treafurer ;  which  faid  Bond  fliall  be  lodged  in  the  Secretary's 
Office. 

AND  the  Sum  of  One  Thoufand  Founds  for  the  Frontier  Counties  oi  Anfon  ^°'"' ';*"*''}:„. 
and  Rowan,  for  purchafing  Arms  and  Amimunition  for  the  Ufe  of  the  poorer  Inha-  Wnd  Rowan. 
bitants  of  the  faid  Counties  ;  to  be  paid  by  the  Public  Treafurer,  by  Warrant  from 
the  Governor,  or  Commander  in  Chief  for  the  Time  being,  that  is  to  fay  :  Five 
Hundred  Pounds  to  Mr.  Caleb  Howell,  and  Mr.  Charles  Rohinfon,  of  Anfcn  County, 
and  Five  Hundred  Pounds  to  Mr.  fames  Carter,  and  Mr.  fohn  Brandon,  of  Rowan 
County,  to  be  by  them  refpeftively  applied  for  the  Ufe  by  this  Act  intended,  each 
of  them  firft  giving  Bond,  with  fiifficient  Securities,  payable  to  his  Majefty,  his 
Heirs  and  SuccefTors,  in  the  Sum  of  Five  Hundred  Pounds,  Proclamation  Money, 
for  the  Ufe  of  the  Public,  for  the  faithful  Difcharge  of  the  Truft  hereby  repofed  in 
them ;  which  faid  Bond  fliall  be  lodged  in  the  Secretary's  Office ;  and  fhall  produce 
to  the  Public  Treafurer,  a  Ce;tificate  from  the  Court  of  the  County  refpectively, 

that 


2000 1,    to    Fjrt 


irS  L  A  IV  S    of    North-Carolina. 

A.  D.   1754.  that  the  Securities  fo  taken  arefufficient;  and  fhall  account  with  the  faid  Treafurer 

*— "'^»'     "^  for  the  Money  aforefaid,  by  them  lb  received.     And  the  Sum  of  Four  Thoufand 

4200 1.  for  Pub-  Two  Hundred  Pounds,  Proclamation  Money,  for  and  towards  paying  the  Public 

^"'"''  Debts  of  this  Province. 

is,oooi,  appiicj.        XII.     A  IS  D  be  it  further  Enacted,  hy  the  Authority  afcrefauU    That  the  Sum  of 

Eighteen  Thoufand  Pounds,  Remainder  of  the  Forty  Thoufand  Pounds  of  the  Bills 

of  Credit  to  be  ifamped  and  figned  by  Virtue  of  this  Aft,  lliall  be  applied  to  and 

6000 1  f^r  a        for  the  following  Uies,    Intents,    and  Purpoles,    that  is  to  fay  :    The  Sum  of  Six 

j'ubjic  School,       Thoufand  Pounds  for  the  founding  and  endowing  a  Public  School,  in  fuch  Manner, 

and  under  fuch  Regulations,    as  the  Governor,    or  Commander  in  Chief,    for  the 

Time  being,  the  Council,  and  General  Aflembly,  fiiall  order,  dired,  and  appoint. 

7200 1.  to  the       The  Sum  of  Seven  Thoufand  Two  Hundred  Pounds  to  the  Ufe  of  the  Twenty 

riLl/  '^'  ^^       Vowx  Pariflies  now  erefted,  out  of  which  faid  Sum,  Three  Hundred  Pounds  fhall 

be  paid  into  the  Hands  of  the  Churchwardens  and  Vellry  of  every  refpeftive  Parifli 

in  this  Government ;    to  be  by  them  applied  towards  building  or  Hnifliing  a  Parifli 

Church,  purchafmg  Land  and  Stock  for  a  Glebe,  and  building  a  Farfonage  Houfe, 

witliin  their  feveral  and  refpedive  Pariflies  •,    to  be  paid  by  the  Treafurers  to  the 

Churchwardens  of  each  and  every  Parifli,  by  Order  of  the  feveral  and  refpeftive 

Vefl:ries  ;    to  be  by  them  applied  to  the  Ufes  and  Purpofes  by  this  Kdi  intended, 

aoooi.  to  tie       and  no  other.     And  the  Sum  of  Two  Thoufand  Pounds,  for  and  towards  finifliing 

I'ubiic Bu idings.    jpjg  Public  Buildings  in  this  Province;  to  be  applied  by  the  Commifilcners  already 

appointed,    whereol  the  prcfent  Treafurer  of  the  Southern  Diilrifl  is  one,    towards 

compleating  and  finifliing  the  faid  Buildings,  and  fliall,  by  the  faid  CommiiTioncrs, 

be  accounted  for,  from  Time  to  Time,  with  the  General  AflTembly.     And  the  Sum 

Lgcncie'sofCj.    of  Two  Thoufand  Eight  Hundred  Pounds,  for  and  towards  defraying  the  contin- 

vernment.  ^^^  Charo;es  of  this  Government. 


Sufpend-ngc:.uf.  XIII.  PROVIDED  ahvays,  and  it  is  herehy  Ena^ed  and  Declared,  That  the 
faid  remaining  Public  Bills  of  Credit,  to  the  Amount  of  Eighteen  Thoufand  Pounds, 
fliall  not  be  iffucd  or  paid  by  the  faid  Treafurers,  or  any  other  Perfon  or  Perfons 
whatfoever,  for  and  towards  the  Purpofes  herein  before  mentioned,  or  to  any  other 
Purpofe  whatfoever,  until  his  Majefliy's  Royal  Approbation  or  Confent  fhall  be  fig- 
niliL-d  to  the  Governor,  or  Commander  in  Chief  of  this  Province  for  the  Time  being; 
any  Thing  in  this  Adl,  to  the  contrary,  notwithftanding. 

Tax  i..;d  for  r,„u .  XIV.  AND  he  it  further  Enacted^  hy  the  Authority  af ere  faid.  That  the  Tax  of 
jng  thj  Munt-,  Qj^„  Shilling,  Proclamation  Money,  for  finking  the  prefent  Currency,  fliall  continue 
to  be  annually  levied  on  every  taxable  Perfon  within  this  Province,  and  be  colleded 
by  the  Sheriff  of  every  refpedive  County,  and  fliall  be  paid  in  Gold,  Silver,  or 
Bills  of  Credit,  on  or  before  the  Firft  Day  oi  March,  yearly,  and  that  aU  Perfons 
neglcding  to  pay  the  faid  Tax  at  the  Titne  by  Law  limited,  fliall  be  liable  to  fuch 
Diflirefs,  to  be  made  by  the  Sheriffs,  as  for  Non-Payment  of  other  Taxes  •,  and  the 
faid  Sheriff' of  each  and  every  County,  on  or  before  the  Tenth  Day  of  June,  yearly, 
fhall  return  a  Lift  of  Taxables,  and  alfo  account,  upon  Oath,  and  pay  into  the 
Hands  of  the  Public  Treafurer  of  the  refpedive  Diftrid,  all  fuch  Sums  of  Money 
as  he  fliall  have  received  in  Virtue  of  this  Ad,  under  the  Penalty  of  Tv/o  Hundred 
Pounds,  Proclamation  Money,  for  every  Default;  and  every  fuch  Sheriff' and  his 
Securities,  fliall  be  further  liable  to  a  Suit  or  Suits,  and  Recovery,  on  the  Security 
Bond  given  for  the  Performance  of  his  Office. 

Pntyof  4ci  per  XV.  AND  for  the  more  fpeedy  and  effectual  calling  in  and  finking  the  Bills  of 
Li'uo"s  '^"^  ""  ^I'^dit,  to  be  emitted  by  Virtue  of  this  Act,  Be  it  Enabled,  by  the  .mthority  afcrcfaid. 
That  from  and  after  the  Expiration  of  the  Act  for  licenfing  Traders,  Pedlars,  and 
Petty  Chapm.en,  and  granting  to  his  Majefty  an  Impoll  on  Goods,  V/ares,  and 
Merchandi7.e,  to  raife  Supplies  for  the  necefTary  Charj-es  of  Gcvernm.ent,  there 
fliall  be  paid  for  every  Gaflon  of  V/ine,  Rum,  or  other 'diftilled  Liquors,  imported 
or  brought  into  this  province,    cither  by  Land  or  Water,    from  any  Pert  or  Place 

whatfoever, 


LAWS      of      N  O  R  T  H  -  C  A  ,R  O  L  i  N  A.  ]  ^g 

y/hatfoever,  (Great  Britain  ^^ce^tQ^)  the  Duty  of  Four  Pence  p^r  Gallon,  Procla-   ^-  -0.  1754- 
mation  Money.  v.— -V->*-rf 

XVI.  AND  Ic  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Mailer  i  rr,  porter  to  n-ake 
of  every  VelTel  hereafter  importing  Liquors  liable  to  a  Duty,  by  Virtue  of  this  or  Eigiu  Hounr'^ 
the  beiore  recited  Acl,    to  any  Port  or  Place  within  this  Province,    fiiall,    within 

P"orcy  Eight  Hours  atter  his  Arrival,  make  a  true  and  juft  Report,  upon  Oath,  to 
tlie  Kcceiver  of  the  Duty  on  fuch  Liquors,  of  die  Quantity  of  Liquor,  with  the 
particular  Marks  and  Numbers  of  every  Cafk  or  Package  containing  the  fame,  aed 
to  whom  configned,  to  the  bell  of  his  Knowledge,  under  the  Penalty  of  forfeiting 
One  Hundred  Pounds,  Proclaa.ation  Mcney. 

XVII.  A  N D  be  it  further  Enatfed,    That  from  and  after  the  pafTmg  of  this    n  t  f..  bHmrt.d 
Adi,  no  Wine,  Rum,  or  other  diiblled  Liquor,  fnall  be  landed  or  put  on  Shore,    \tolxKznt' 
or  any  other  Way  delivered  out  of  the  Veffcl  importing  the  fame,  before  due  Entry   Duty  [uid. 
made  thereof,  upon  Oath,  by  the  Importer,  Owner,  or  Factor,  with  the  Receiver 
appointed  by  this  or  the  beiore  mentioned  Aft,  for  receiving  the  Duty  in  the  Place 

or  Port  where  the  fame  fhall  be  imparted,  or  before  the  laid  Duty  fhall  be  fully 
fat;:.fied  and  paid,  or  fecured  to  be  paid,  in  Manner  as  hereafter  directed,  and  a 
Permit  had  under  the  Hand  of  the  Receiver  for  the  Landing  or  Dehvery  thereof; 
and  all  Liquors  landed,  or  put  on  Shore,  contrary  to  the  Direction  and  true  Intent 
and  Meaning  of  this  Afl,  fliall  be  forfeited,  or  the  Value  thereof. 

XVIII.  AND  be  it  further  EnaP.ed,  That  any  Perfon  or  Perfons  bringing  any  L'qnors  imported 
Wine,  Rum,  or  other  diililled  Liquors,  into  this  Province,  by  Land,  fliall,  within  \t  ,'„"  pd,  "Inj 
Forty  Eight  Hours  after  he  has  lodged  or  houfed  the  fame,  make  a  due  Report,  on  ^'■"'  ^"w  ^"  ^ 
Oath,    of  the  Quantity  thereof,    to  the  Receiver  of  rhe  refpeftive  Ports  or  Places,  ^''^'  ' 
appointed  by  Virtue  of  this  or  the  before  mentioned  Aft,  and  pay  the  Duty  impofed, 

or  give  Bond,  with  good  Security,  to  our  Sovereign  Lord  the  King,  his  Heirs  and 
SuccefTors,  for  the  Ufe  of  the  Public,  for  Payment  thereof  within  Six  Months,  and 
obtain  a  Permit,  under  rhe  Hand  of  the  faid  Receiver,  for  felling  or  ufing  the  fame  ; 
and  on  Default  thereof  all  fuch  Liquors,  or  the  Value  thereof,  fliall  be  forfeited. 

XIX.  AND  be  it  further  EnaHed,  That  if  any  Perfon  or  Perfons  whatfoever.    Penalty  form.k- 
fliall  wittingly  or  willingly  make  a  falfe  Entry  of  any  of  the  Liquors  before  menti-    '"^  ■*'  ^  ^""^'" 
oned,    and  be  thereof  lawfully  convifted,    fuch  Perfon  or  perfons  fliall  forfeit  and 

pay  One  Hundred  Pounds,  Proclamation  Money. 

XX.  AND  be  it  further  Ena"ed,    That  if  any  Receiver  appointed  by  this  or    Penalty  on  Re- 
the  before  mentioned  Aft  to  receive  the  Duty  aforefaid,    or  any  ether  Perfon  or   bX"."'  '"' 
Perfons  for  him,    fliall  take  or  receive,    directly  or  indireftly,    any  Bribe,    Recom- 

pence,  or  Reward  whatfoever,  for  conniving  at  any  falfe  Entry  of  Wine,  Rum,  or 
other  diftilled  Liquors,  that  fliall  be  imported  into  this  Province,  either  by  Land  or 
Water,  whereby  the  Public  may  be  defrauded,  fuch  Perfon  fliall  forfeit  and  pay 
the  Sum  of  One  Hundred  Pounds,  Proclamation  Money  •,  and  the  Perfon  or  Per- 
fons giving  or  paying  any  fuch  Bribe,  Recompence,  or  Reward,  fliall  forfeit  and 
pay  the  Sum  of  One  Hundred  Pounds  like  Money. 

XXL     AND  be  it  further  Emlucd,   by  the  Authority  aforefaid.    That  the  Re-    f„7;^'["^']''y" 
ceiver  or  Receivers  of  the  aforefaid  Duty,  or  any  Perfon  by  him,  them,  or  any  of  ty. 
them,  appointed,  fhall  have  full  Power  and  Authority  to  enter  on  Board  any  Veffel, 
provided  fiie  hath  been  in  Port  Six  Days,  and  bring  on  Shore  fo  much  of  the  Li- 
quors reported  or  entered,  and  liable  to  pay  the  Duty  albreiaid,  as  fliall  be  fufficient 
to  pay  the  Duty  on  fuch  Liquors  fo  reported,  and  the  fame  to  fell  at  public  Vendue,    ; 
to  the  highell  Bidder  -,    and  after  the  Duty  aforefaid  fliall  be  paid,  and  t\\c  Charges 
of  bringing  fuch  Liquors  on  Shore,  and  Vendue  thereof  defrayed,  the  Surplus  (if 
any)  fhall  be  paid  to  the  Perfon  from  whom  the  faid  Liquors  were  taken. 

XXII.  AND 


i6o  L  A  IV  S    of    North-Carolina. 

y^.  D.   1754.        XXII.     AND  be  it  further  Enabled,  That  upon  Information  made  on  Oath,  or 
>— "7"**-'     violent  Sufpicion,    it  fhall  and  may  be  lawful  for  any  of  the  Receivers  of  the  faid 
fear'ch  forTecret"    Duty  upon  Liquors,  by  a  Warrant  under  the  Hand  of  a  Juftice  of  the  Peace,  and 
«d  Liquors.  accompanied  with  a  Conltable,  to  open  any  Houfe,  Warehoufe,  or  Store,  in  the 

Day  Time,  and  fearch  for,  feize,  and  carry  away,  any  Liquors  liable  to  the  Duty 
aforefaid,  and  for  which  the  faid  Duty  hath  not  been  paid,  or  fecured  to  be  paid, 
in  Manner  aforefaid :    And  in  all  Cafes,  where  any  Difpute  Ihall  arife  on  any  Sei- 
zure,   being  made  by  Virtue  of  this  Aft,  for  Non-Payment  of  the  Duty  aforefaid. 
Officer  fiie.1  ir»     ^^^  ^^^''^  Probaudi  fhall  lie  on  the  Owner  or  Claimer  of  fuch  Liquors.     Ami  if  any 
piead"Genaar'^    Receiver  or  Conftable,  or  their  Affiftants,  fhall  be  molefted  or  lued  for  any  Thing 
^"■''*'  done  in  executing  the  Powers  hereby  given  them,    fuch  Receiver,    Conftable,    or 

AlTiftant,  may  plead  the  General  liTue,  and  give  this  Aft  in  Evidence ;  and  if  in 
any  fuch  Suit  the  Plaintiff  be  non-fuit,  or  Judgment  pafs  againft  him,  the  Defendant 
fliall  recover  double  Cofts. 

Manner  of  ob-  XXIII.     AND  be  tt  further  Enacted,  by  the  Authority  aforefaid.  That  where  any 

fol'L'S'r's'ua'nu  Pcrfort  Is  defirous  of  tranfporting  any  Liquors  that  are  liable  to  the  Duty  aforefaid, 

pnntd  u  XV.  one  from  onc  Diftrift  to  another,    and  for  which  the  Duty  hath  been  paid,    or  fecured 

uftntt  to  ano-  ^^  j^^  ^^^^^  ^^  ^^^y  ^p^j^  ^^  ^.j^^  Receiver  of  the  Duty  on  Liquors  for  a  Certificate, 

which  Certificate  fuch  Receiver  is  hereby  authorized,  empowered,  and  required,  to 
give,  fetting  forth  the  Number  of  Cafks,  the  Marks,  and  the  Contents  thereof,  and 
that  the  Duties  thereof  have  been  paid,  or  fecured  to  be  paid,  on  producing  of 
which  to  the  Receiver  of  the  Duty  of  fuch  Diflrift  to  which  the  fame  fhall  be  tranf- 
ported,  and  making  Oath  that  the  Liquors  by  him  tranfported  are  bona  fide  the 
fame  for  which  fuch  Certificate  was  obtained,  no  farther  Duty  fhall  be  demanded ; 
and  all  Liquors  liable  to  the  Duty  aforefaid,  brought  into  any  Diflrift  vrithout  fuch 
Certificate,  either  by  Land  or  Water,  fliall  be  deemed  not  to  have  paid  the  Duty, 
and  fuch  Liquor,  or  the  Value  thereof,  fliall  be  forfeited. 

Pen.uy  on  CoU        XXIV,     AND  be  it  further  Enabled,  That  no  Colleftor  of  any  of  the  Ports  in 
leflrrfor  dear-    j.j^jg  Provincc  fliall,    ftom  and  after  the  pafTing  this  Aft,   clear  out  any  Veffel  im- 
'J!ft  Ccrt'.ficrt'e.      porting  any  of  the  aforefaid  Liquors,  before  the  Mafler  fliall  produce  a  Certificate, 
figned  by  fome  one  of  the  Receivers  appointed  by  Virtue  of  this  or  the  before  men- 
tioned Aft,  that  he  hath  paid,  or  fecured  to  be  paid,  the  Duty  aforefaid,  under  the 
Penalty  of  Fifty  Pounds,  Proclamation  Money. 

coiieflors  of  the  XXV.  AND  be  it  further  Ena5Jed,  That  Mr.  Jeremiah  Vail  fliall  be,  and  he  is 
in"t'Lkn-ui'  hereby  appointed  Receiver  of  the  Duty  arifing  in  Virtue  of  this  Aft,  on  all  the 
I'ons.  Wine,    Rum,    and  diflilled  Liquors,    imported  into  Neufe  River ;    and  Mr.  John 

Spooner  fhall  be,  and  he  is  hereby  appointed  Receiver  of  the  Duty  on  all  the  Wine, 
Rum,  and  difl:illed  Liquors,  imported  into  any  of  the  Inlets  in  Onflow  County  -,  and 
that  the  feveral  Colleftors  of  his  Majefty's  Cuflioms,  for  the  Time  being,  fliall  be, 
and  they  are  hereby  appointed  Receivers  of  the  faid  Duty,  on  all  the  Wine,  Rum, 
and  diftilled  Liquors,  that  fliall  be  imported  by  Water,  at  every  other  Place  within 
their  feveral  and  refpeftive  Ports :  And  that  the  Commander  in  Chief  for  the  Time 
being,  by  and  with  the  Advice  and  Confent  of  his  Majefl:y's  Council,  fliall  be,  and 
is  hereby  impowered,  to  nominate  and  appoint  fuch  and  fo  many  Receivers  of  the 
Duty  on  Liquors  brought  into  this  Province  by  Land,  as  fliall  be  neceflliry  :  And 
if  any  of  the  aforefaid  Receivers  appointed,  or  to  be  appointed  by  Virtue  of  this 
Aft,  fliall  die,  remove,  or  refufe  to  Aft,  or  ncgleft  their  Duty,  the  Commander  in 
Chief  for  the  Time  being,  by  and  with  the  Advice  and  Confent  of  his  M3Jefl:y's 
Council,  fliall  appoint  others  in  their  Stead  and  Place. 

o,!ieaorstoEive  XXV I.  AND  be  it  further  Enabled,  That  every  Receiver  of  the  Duty  on  Li- 
quors fliall,  before  he  enters  on  the  Execution  of  his  Office,  give  Bond,  v.'ith  fuffi- 
cient  Security,  to  our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  in  the 
Sum  of  Five  Hundred  Pounds,  Proclamation  Money,  for  the  Ufe  of  the  Public ; 
with  Condition  that  he  will  honeflly,  faithfully,  and  juflly,  execute  the  Office  of 

Receiver 


LAWS    (?/    North-Carolina.  \6i 


Receiver  of  the  Impoft  or  Duty  aforefaid,    and  will  fully  account  for  and  pay  ail    -^.  D.  1754. 

fuch  Sum  or  Sums  of  Money  by  him  to  be  received  and  accounted  for ;  which  Bond     V v — -^ 

io  given,  Ihall  be  lodged  in  the  Secretary's  Office. 

X^CVII.     /IND  be  it  f linker  EnaHed,  That  the  feveral  and  refpeclive  Receivers,    To  account  witi> 
appointed  by  Virtue  of  this  or  tlie  before  mentioned  Aft,    fliall  annually  account,    '*''  ''"''''•^  "r'"" 
upon  Oath,    with  the  Public  Treafurers  of  this  Province,    in  their  feveral  and  ref-    '^"'"''' 
peftive  Dillrids ;    and  for  their  receiving  the  aforefaid  Duty,  and  ful'.y  accounting 
for,  and  paying  the  fame  to  the  Treafurers  aforefaid,  they  fhall  be  allowed  Five  pTf 
Cent. 

XXVIII.  AND  he  it  further  Enabled,  That  all  the  Money  arifing  by  the  Duty    n^ty  ^rpropmt- 
impoled  by  this  S-.&i,  fh^di  be  paid  to  tlie  Public  Treafurers,    and  H^all  be  by  them    "*• 
accounted  for  and  paid  (their  Commillions  deducted)  to  the  Genenil  Aflembly,  and 

fliall  be  applied  and  appropriated  for  and  tov/ards  finking  the  Public  Bills  of  Credit 
to  be  emitted  by  Virtue  of  this  Ad:,  and  to  no  other  Uie  or  Purpofe  whatfoever  5 
arid,  together  witli  the  before  mentioned  Tax  of  One  Shilling  per  Poll,  fliall  con- 
tinue to  be  colleded  and  paid,  until  the  prefent  Bills  of  Credit,  and  the  Bills  of 
Credit  now  to  be  emitted,  in  Virtue  of  this  Acl,  fliall  be  all  called  in,  funk,  and 
defbroyed. 

XXIX.  AND  be  it  further  EmJIed,  That.the  feveral  Fines  and  Forfeitures  in    Fines  on.)  Fo.fei- 
this  A6t  mentioned,  fliall  be  applied,  one  Half  to  his  Majefl:y,  for  and  towards  the    '"'"'^f^'"^' 
contingent  Charges  of  Government,  and  the  other  Half  to  him  who  will  inform  and 

fue  for  the  fame ;  to  be  recovered  by  Aclion  of  Debt,  Bill,  Plaint,  or  Information, 
in  the  General  CiQurt  of  this  Province;  wherein  no  Eflbin,  Injundion,  Protec^cioTi^ 
or  W'^ager  of  La\v^  Ai'ill  be  allowed  or  admitted  of. 


C  I-I  A  P.     II. 

An  AH  for  the  further  and  better  Regidntton  of  the  Toivn  called  V^ilmington,    and  for 
repealing  the  feveral  Acts  therein  mentioned.     REP. 

C  H  A  P.  3.     An  ASffor  npfcinting  Comr.r.ff  oners  of  the  Roads  for  the  South  tVefi  Dif- 
tri£l  of  New  Hariover  County.     K  E  P. 

4.  An  additional  Ad  to  an  Aff,  intituled.  An  Ad  for  impowering  the 

feveral  Commiffioners  herein  after  named,  to  make,  mend,  and 
repair,  all  Roads,  Bridges,  Cuts,  and  Water  Courfes,  already 
laid  out,  or  hereafter  to  be  laid  out,  in  the  feveral  Counties  and 
Difliricts  herein  afrer  appointed,  in  fuch  Manner  as  tJicy  judge 
mofl:  uftful  to  the  Public.     REP.' 

5.  Aii  A^  for  granting  unto  the  Town  of  Brunfwick  the  Privilege  of  chufmg 

and  fending  a  Reprefcntative  to  the  General  Affemhly.     R  E  P. 

6.  An  Atl  to  impowcr  the  Jufiices  of  Craven  County  to  fell  the  Lot  of  Land   ProviHeJ  for  hy 

7«  Nev/bcrn,  whereon  the  Court-Houfe,  Frifcn,  and  Stocks,  now  are.    Aa,  r-'trcrf/^pni 

7.  An  Act  to  continue  an  Art,  intituled.  An  Acl  to  appoint  an  Agent  to 

foUicit  the  Affairs  of  this  Province  at  the  feveral  Boards  in  Eng- 
land;  alfo  an  Aif,  intituled.  An  Aft  to  encourage  fames  Davis  to 
fet  up  and  carry  on  his  Bufinefs  of  a  Printer  in  this  Province,  and 
for  other  Purpofes  therein  mentioned  ;  alfo  an  A^,  intituled.  An 
Aft  to  appoint  Infpeftors  in  A^,?^  Hanover  County,  and  for  regu- 
lating the  Exports  at  Cape  Fear ;  and  alfo  one  other  AH,  intituled. 
An  Aft  for  the  better  regulating  the  Militia  of  this  Province' 
EXP.  ' 

X  CHAP. 


62 


4.  D.    I75+-' 


A   IV  S     of     N  O  R  T  H  -  C  A  R  O  L  I  N  Ai 


ruisAarep^au  ^  CHAP.     Vgi.     -  V 

d,  but  lh<r  '  Y  .  «, 

btrbnd  cour-  /f«  Act  foY  erecttHg  the  upper  Part  of  Bladen  County  into  a  County  and  Parijhy   by  t'he- 

''^■■^"^^''''  ■  Name  of  Cumberland  County^  and  St.  David'j  Parijh. 


..led    hy 


-Pt-  1756, 

"■•  "•  G  H  A  P.     IX. 

An  Act  to  appoint  and  lay  out  a  Town  on  the  Plantation  of  Mr.  Henry  Skibbow,  on- 
the  Eajl  Side  of  the  North  Eajt  Branch  of  Cape  Fear  River,  at  a  Place  called  the-  - 
Sand  Hill,  and  to  appoint  an  Infpector  in  the  faid  To'xn,  and  other  Purpofes  therein 
mentioned. 

Pmate.  j^  ^^  7  H  E  R  E  A  S  the  Inhabitants  of  New  Hanover,    Onflow,    and   tiuplin 

y  Y  Counties,  have  petitioned  for  an  A61  to  appoint  a  Town  on  the  Planta- 
tion of  Henry  Skibbow,  on  the  Eaft  Side  of  the  North  Ealt  Branch  of  Cape  Fear 
River,  in  Neiv  Hanover  County,  at  a  Place  called  die  Sand  Hill,  and  to  appoint  an 
Infpedtor  for  the  laid  Town  : 

Nfw  Ex.tct  e-        II,     W  E  therefore  pray  that  it  m^y  be  Enacted,    And  be  it  Enabled,    by  the 
'*'' '  *  Honourable  Matthew  Rowan,    Efq;    Prefident,    and  Commander  in  Chief,    by  and  with 

the  Advice  and  Confent  of  his  Majejiys  Council,  and  the  General  /ffjembly  of  this  Province, 
and  by  the  Authority  of  the  fame.  That  as  foon  as  the  Proprietor  _^f  the  faid  Land 
■  fhall  acknowledge  his  Conient  and  Concurrence,  in  open  Court  of  the  faid  County, 
to  have  fuch  Part  of  his  Land  laid  cut  for  a  Town  as  herein  afftr  is  directed,  Alex- 
ander Lillington,  Samuel  Ape,  Thomas  Alerrick,  John  Gardner,  and  Henry  Skibbow, 
are  hereby  nominated  and  appointed  Commiffioners ;  and  they,  or  the  Majority  of 
them,  are  hereby  inverted  with  fult  Power  and  Authority  to  lay  out  Forty  Acres  of 
Land  on  the  faid  Plantation  for  a  Town,  by  the  Name  of  New  Exeter,  and  to  lay 
out  the  faid  Forty  Acres  into  Lots  of  Half  an  Acre  each,  with  convenient  Streets 
and  Squares,  for  a  Church,  Church  Yard,  and  Market  Place. 

j.,t5in^ybe  jji,     A N D  be  it  further  Enacted,    That  every  Perfon  whatfoever  who  fhall  be 

""""  ■  willing  to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  Liberty  to  take  any  Lot 

or  Lots  fo  to  be  laid  out  as  aforefaid,  and  not  before  taken  up  •,  v^hich  Lot  or  Lots 
the  faid  CommifTioners,  or  any  Two  of  them,  are  hereby  direfted  and  impowered 
to  grant,  convey,  and  acknowledge,  to  the  Perfon  or  Perfons  fo  taking  up  the  fame, 
and  to  his  or  their  Heirs  and  Afligns,  for  ever,  in  Fee  Simple^  upon  the  Payment 
ol  Forty  Shillings,  Proclamation  Money. 

ccmmiiTi-ncrs  JV.     A  N  D  be  it  further  Enacted,  That  if  any  of  the  above  CommifTioners  fliall 

to  be  kept  up.  j-efufe  to  a6l,  or  die,  or  remove  out  of  this  Province,  that  then  the  remaining  Com- 
mifTioners, or  the  Majority  of  them,  fhall  ele6t  and  chufe  another  Perfon  or  Perfons 
CommiiTioncr  or  CommifTioners  aforefaid,  in  the  Room  and  Stead  of  fuch  Perfon  or 
Pcrlbns  fo  refufing  to'  adt,  or  that  fliall  die  or  remove  as  aforefaid  ;  2!nd  fuch  Com- 
mifTioner  or  CommifTioners  fo  eledled  and  chofen,  are  hereby  vefVed  with  the  fame 
Powers  and  Authorities,  and  fubjeft  to  the  like  Rules  and  Regulations,  as  the  Com- 
niifTiohers  appoihted  in  Virtue  bf  this  Aft. 

Trenfurex^p.  V.     A  N  D  be  it  Enacted,  by  the  Authority  aforefaid.  That  John  Gardner  is  hereby 

'' """  ■  appointed  Treafurei:  and  Receiver  of  all  fuch  Sum  or  Sums  of  Money  as  fhall  arile 

by  the  Sale  of  filch  Lots,  for  the  Ufb  herein  after  mentioned  ;  and  on  the  Death,  or 
Departure  but  of  the  Gbvef-riment,  of  the  faid  Treaiurtr,  the  faid  CommifTioners, 
or  the  major  Part  of  them,  fliall  appbirit  forhe  other  Perfon  Treafurer,  in  the  Place 
of  the  faicl  Treafurer  fo  dying  or  departirig  the  Gbvernment. 

T.givesecur-.ty.        vi_     A  N  B  be  it  Enactcd,    by  the  Authority  aforefaid.   That  the  Treafurer  afore- 
faid, and  every  Treafurer  thdt  fhall  Oi-  may  be  hereafter  appointed  by  the  Commif- 
fioners  aforefaid,    fliall  give  Security  to  the  County  Court,    that  he  fhall  and  will 
,  account: 


Zi^/^iSo/    North-Carolina.  i6^ 

account  with  and  pay  in  all  the  Monies  he  fhall  receive  for  the  Sale  of  all  and  every    ^-  D.  1754. 
the  Lot  or  Lots  that  fhall  be  fold,  yearly,  on  the  Twenty  Fifth  Day  of  March,  to     ^^'~y~  ^ 
Henry  Skibhoiv,  or  the  Proprietor  of  the  laid  Lands. 

VII.  PR  0  VI D  E  D  alv:ays.  That  if  any  Lot  or  Lots  fhall  be  granted  or  con-  ^''".'°  b=/aved 
veyed  by  the  faid  Commifiloners  to  any  Perlbn  or  Pcrlons  whatfoever,  who  fliall  not,  Ti  tuifuted.""' 
within  two  Years,  build  a  good  fubftantial  habitable  framed  or  Brick  Ploufe,  of  not 

iefs  Dimenfions  than  Twenty  Feet  in  Length,  and  Sixteen  Feet  wide,  befides  Sheds 
or  Leantos,  or  make  Preparation  for  fo  doing,  as  the  Commiironers,  or  the  Ma- 
jority of  them,  fliall  think  reafonable,  fuch  Grant  or  Conveyance  fnall  be  void,  and 
it  is  hereby  declared  void  and  of  none  KiTeft,  as  if  the  fame  had  never  been  made; 
and  the  CommilTioners  may  grant  or  ccnveyfuch  Lot  or  Lots  as  is  herein  before 
directed,  to  any  other  Perlon  or  Perlons  applying  for  the  fame,  and  paying  the  Money 
for  the  faid  Lot,  as  in  this  Act  is  before  directed,  for  the  Ufc  of  the  faid  Henry  SLb- 
boiv,  his  Heirs  and  Affigns. 

VIII.  A I^  D  he  it  further  Enacted,  hy  the  AiUhcrity  afcrefaid.  That  the  Ccmmif-    N"'""'""'  to  b« 
fioners,    or  the  Majority  of  them,  fliall  be,  and  they  are  hereby  im.powered  and 
authorized,  to  order  the  Removal  of  all  Nufances  within  the  Limits  of  the  faid 

Town. 

IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon,  Lots  to  be  paitd. 
Inhabitant  of  the  faid  Tov/n,  or  holding  a  Lot  or  Lots  therein,  fliall  inclofe  the 

fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence,  but  every  Lot 
therein  fliall  be  paled,  or  inclofed  with  Polls  and  Rails  fet  up. 

X.  AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  all  Perfons,    An<i  kept  dear 
Pofleflibrs  or  Owners  of  any  Lot  or  Lots  in  the  faid  Town,  fliall,  within  Two  Years    "^  ^''^'^'^ 
from  the  Date  of  their  Grant  or  Conveyance,  clear,  and  keep  conftantly  clear,  their 

Lot  or  Lots,  from  all  Manner  of  Wood,  Underwood,  Brufli,  and  Grubs,  under 
the  Penalty  of  Two  Shillings,  Proclamation  Money,  for  every  Month  fuch  Owner 
or  Owners  of  any  Lot  or  Lots  fliall  neglect  to  clear,  or  keep  the  fame  clear  •,  to  be 
recovered  by  a  VV'arrant  from  any  Jufliice  of  the  Peace,  and  applied  by  the  faid  Com- 
milTioners for  and  towards  clearing  the  Streets  in  the  faid  Town,     (a) 

CHAP.     X. 

An  Act  to  alter  the  1'iwes  fcr  holding  the  Courts  of  Orange,    Rowan,    and  Bladen    '!'■'"';''"'  ^"'  ^f 

•I  <^  y  c?   '  '  the  Infer.  Ccuit 

Lounties.  Aas. 
'   ' __^ 

CHAP.     XL 

An  Act  to  amend  an  Act,  inlituJed,  An  A(5l  to  appoint  a  convenient  Place  for  holding 
the  County  Court  of  Duplin,  and  to  impower  the  CommilTioners  therein  named 
to  build  a  Court-Houfe,  irrilbn,  and  Stocks,  in  the  faid  County,  and  for  enlarg- 
ing the  Bounds  thereof. 

I.  TTTHEREAS  in  and  by  the  before  recited  AdV,  Mr.  Gecrge  Mears,  Mr.    '''i^tf. 

W  William  Houjlon,  and  Mr.  Jofeph  Williams,  were  appointed  Commi.Tioners 
for  erecting  and  building  a  Court-Houfe,  Prifon,  and  Stocks,  in  the  faid  County  ; 
and  alfo  to  contract  and  agree  witli  Workm.en  to  build  the  fame,  of  fuch  Dimenfions 
as  fliall  be  agreed  on  by  the  County  Court :  And  whereas  the  building  the  faid 
Court-Houfe,  Prifon,  and  Stocks,  is  retarded,  and  wholly  flropped,  by  Reafon  the  • 

faid  Act  doth  not  impower  the  faid  George  Mears,  William  Houfton,  and  Jofeph  Wil- 
liams, or  the  Majority  of  them,  to  build' the  faid  Court-Houfe,  Prifon,  and  Stocks, 
in  the  faid  County  :  n 

X  2  11.   WE 


CaJ  The  Remainder  cf  this  A^l,  rskting  to  Infpeflcrs,  repealed. 


j64  LAWS      of      NORTH-C  AROLI  N  A. 

A.  D.  1754.  II.  WE  therefore  pray  that  it  may  be  Enacted,  And  be  it  Enacted,  by  the 
Honourable  Matthew  Rowan,  Efq;  Preftdent,  and  Commander  in  Chief,  by  and  with 
the  Advice  and  Confent  of  his  Majejlfs  Council,  and  the  General  Affembly  of  this  Pro- 
vince, and  by  the  Authority  of  the  fame.  That  the  faid  Mr.  George  Mears,  Mr.  Wil- 
liam Houfion,  and  Mr.  Jofeph  Williams,  or  any  Two  of  them,  are  hereby  impowered 
to  build  a  Court-Houfe,  Frifon,  and  Stocks,  in  the  faid  County  of  D/////«,  and  alfo 
to  contract  and  ao-ree  with  Workmen  to  build  the  fam.e,  ot  fuch  Dimenfions  as  is  or 
Ihall  be  agreed  on  by  the  Court  of  the  faid  County. 

L-inds  to  beva-        HI.     AND  bc  it  further  Enabled,  by  the  Authority  aforefaid.    That  the  Court  of 
'""''  the  County  of  Duplin,  fliall  appoint  Three  Perfons,  Freehokiers  in  the  faid  County, 

who,  on  their  Oaths,  fliall  value  the  Lands  fixed  on  by  Mr,  .  rthur  Blackman, 
yix"! Anthony  Williams,  Mr.  IVilliam  M'Gee,  Mv.  John  Brock,  arA  My.  William  Mills, 
or  the  Majority  of  them,  for  building  the  Court-Houfe,  Pnfon,  and  Stocks,  in  the 
faid  County,  and  an  Account  of  fuch  Valuation  fhall  return  to  the  next  County 
Court  thereafter  to  be  held  for  the  faid  County ;  and  the  Amount  of  fuch  Valuation 
the  laid  County  Court  fhall  pay  to  the  Proprietor  or  Owner  of  the  f  .id  Land,  out 
of  the  Tax  to  be  raifed  in  Virtue  of  an  Act,  intituled,  An  ASl  for  erecting  the  upper 
Part  of  New  Hanover  County  into  a  County  and  Parifo,  by  the  'Name  of  Duplin 
County,  and  St.  Gabriel'.?  Parifo ;  and  for  appointing  a  Place  for  br.ilding  a  Court- 
Houfe,  Prifon,  and  Stocks,  in  the  faid  County  ;  which  faid  Valuation  and  Payment  of 
the  fame  to  the  faid  Proprietor  or  Owner,  entered  on  the  Records  of  the  faid  County, 
fhall  be  a  o-ood  and  fufficient  Title  to  the  faid  County,  for  the  faid  Land  fo  valued, 
paid  for,  and  recorded. 


,  C  H  A  P.     XII. 

An  AB  to  appoint  a  convenient  Place  for  holding  the  County  Court  of  Orange,  and  to 
impower  the  Commiffoners  hereafter  named  to  build  a  Court-Houfe,  Prifon,  and  Stocks, 
in  the  faid  County. 

Private.  ^W  THEREAS  by  an  A6t,  intituled,  An  AB  for  dividing  Part  ^/Granville, 

Y  Y  Johnfton,  and  Bladen  Counties,  into  a  County  a?id  Parijh,  by  the  Name  of 
Orange  County,  and  the  Pdriflo  of  St.  Matthew,  and  for  appointing  Veflrymen  fcr  the  faid 
Parifh,  and  other  Purpofes  therein  mentioned,  among  other  Things,  it  was  Enaded, 
That  the  Juftices  of  the  faid  Court,  at  the  Court  to  be  held  for  the  faid  County  at 
the  Houfe  of  John  Gray,  on  tlie  Second  Tuefday  in  June  next  after  pafllng  the  faid 
Aft,  or  the  then  next  fucceeding  Court,  fliould  agree  on  and  appoint  a  Place  for 
building  a  Court-Houfe,  Prifon,  and  Stocks,  in  the  iaid  County  ;  which  faid  Julliccs, 
being  then  unacquainted  with  the  Bounds  of  the  faid  County,  did,  by  Order  of  the 
faid  Court,  appoint  a  Place  whereon  to  build  a  Court-Houfe,  Prifon,  and  Stocks  ; 
which  faid  Place,  on  Examination,  is  found  to  be  within  Fifteen  Miles  of  the  Weft 
Line  of  the  faid  County,  to  the  great  Inconveniency  and  Detrinient  of  the  Inhabi- 
tants of  the  faid  County  attending  the  faid  Court :  Whereiore, 

Pkre  f.>r  ere«-        H-     W  E  pray  that  it  may  be  Enafted,    And  be  it  EnaEled,    by  the  Honourable 

ingCourt-Houf-,    Matthcw  Rowan,    Efq;,    PreJident,   and  Commander  in  Chief,    by  and  with  the  Advice 

*"^'  and  Confent  of  his  Majeflfs  Council,   and  the  General  Affembly  of  this  Province,    and 

by  the  Authority  of  the  fame.    That  the  Court-Houfe,    Prifon,  and  Stocks,  for  the 

faid  County  of  Orange,  fliall  be  erefted  on  or  near  where  the  Wcftern  Path  crofl^es 

the  River  Eno,  on  a  Piece  of  Land  where  James  Watfcn  nov.'  lives. 

Comm-moners  m      A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  Mr.  Alexander 

^ai-p.i,.tL  on  .  j^yi^^i^^  ]y[j._  j^ijy,  Cray,  Mr.  John  Paterfon,  Mr.  James  EUifcn,  and  Mr.  Marmaduke 
liimbrough,  or  the  Majority  of  them,  be,  and  they  are  hereby  appointed  Ccmmif- 
fioners,  to  make  Choice  of  a  fuitable  and  convenient  Place  at  or  near  the  laid  Path, 
where  it  crofleth  Eno  River,  for  the  eredling  and  building  thereon  a  Court-Houfe, 
Prifon,  and  Stocks,  and  alfo  to  contraft  and  agree  with  Workmen  to  build  the 
fame,  of  fuch  Dimenfions  as  to  t!;em  fliall  fcem  meet  and  convenient.      IV.  AND 


L  A  py  S     of    North-Carolina. 


165 


IV.  A  N  D  for  defraying  the  Expence  thereof.    Be  it  EymBcd^  hy  the  Anthcrity    ^- D.    1754. 
aforcfaid.  That  the  Tax  laid  by  the  before  recited  Ad,  lliall  be  applied  towards    -r'T^^^Tf^ 
buildino-  the  Court-Houfe,    Prifon,    and  Stocks,    at  the  Place  in  this  Aft  before 
mentioned. 

V.  PROVIB  ED  akvays^  That  nothing  in  this  Act  fliall  be  conftrued  to  Not  invaiuute 
make  void  any  Contract  or  Agreement  entered  into  by  the  Juftices  of  the  faid  J^™"^°'"" 
County,  with  any  Perfon  or  Perions,  for  the  building  the  Court-Houfe,  Prifon,  and 

Stocks,  at  the  Place  appointed  by  the  Juftices  of  the  faid  County,  in  Virtue  of  the 
before  recited  Act,  or  to  annul,  invalidate,  or  make  void,  any  Suit  that  is,  or  may 
be  brought  thereon. 


VI.  AND  be  it  Ena£fed,  by  the  Authority  aforefaid.  That  the  ^fclaufe  of  the 
before  recited  Act,  fo  far  as  relates  to  the  appointing  a  Place  for  building  a  Court- 
Houfe,  Prifon,  and  Stocks,  be,  and  is  hereby  repealed  and  made  void,  to  all  In- 
tents, Purpofes,  and  Conftructions,  as  if  the  fame  had  never  been  made. 


RepealingCbofe. 


CHAP.     XIII. 


An  Act  for  appointing  and  laying  out  a  'Tonvn  on  the  Land  of  John  Jenkins,  on  the  South 
Side  of  Pee  Dee  River,  in  Anfon  County,  and  for  other  Purpofes  therein  mentioned. 


Piivate, 


H  E  R  E  A  S  the  Inhabitants  oi  Anfon  County  labour  under  great  Difad- 
vantacres  for  Want  of  Trade,  by  being  fo  inconvenient  to,  and  diftant 
from,  any  of  the  navigable  Rivers  of  this  Provincej  only  Pee  Dee,  and  that  dif- 
charo-eth  itfelf  into  South  Carolina,  which  renders  it  very  impracticable  for  them  to 
difpofe  of  any  Thing  that  arifeth  from  the  Produce  of  the  Soil,  either  to  pay  their 
public  or  private  Debts  in  this  Province  :  For  Remedy  whereof, 

II.  WE  pray  that  it  may  be  Enacted,  And  be  it  Enacted,  by  the  Honourable  cioucefter etea- 
Matthew  Rowan,  Efq;,  Preftdent,  and  Commander  in  Chief,  by  and  with  the  Advice  and 
Confent  of  his  Majefty's  Council,  and  the  General  Affembly  of  this  Province,  and  by  the 
Authority  of  the  fame.  That  as  foon  as  the  Proprietor  ot  the  faid  Land  Ihali  acknow- 
ledoe  his  Confent  and  Concurrence  in  open  Court  of  the  faid  County,  to  have  fuch 
Part  of  his  faid  Land  laid  out  for  a  Town,  as  is  herein  after  directed,  Mr.  Charles 
Rohinfon,  Mr.  Caleb  Howell,  Mr.  Thomas  Tomkins,  Mr.  JVilliam  Forbes,  and  Mr.  Ed- 
mund Cartledge,  are  hereby  nominated  and  appointed  Commiilioncrs ;  and  they,  or 
the  Majority  of  them,  are  hereby  inveftcd  with  full  Power  and  Authority  to  lay  out 
Fifty  Acres  of  Land  on  the  faid  Plantation  for  a  Town,  by  the  Name  oi  Gloucefler; 
and  to  lay  out  the  fam.e  Fifty  Acres  into  Lots  of  Half  an  Acre  each,  with  conve- 
nient Streets  and  Squares,  for  a  Church,  Church  Yard,  and  Market  Place. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  when  the  Com-  Lots  may  be 
miffioners,  or  the  Majority  of  them,  have  laid  out  the  laid  Town  as  aforefaid,  every  ^""'^  ' 
I'erfon  whatfoever  who  is  willing  to  be  an  Inhabitant  of  the  laid  Town,  ftiall  have 
Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before  taken  up; 
which  Lot  or  Lots  the  faid  Commilfioners,  or  the  Majority  of  them,  are  hereby 
impov/ered  to  grant,  convey,  and  acknowledge,  to  the  Perfon  or  Perfons  taking  up 
the  fime,  his  or  their  Htrirs  and  AiTigns,  for  ever,  in  Fee  Simple,  upon  the  Pay- 
ment of  Forty  Shillings,  Proclamation  Money,  to  the  Treafurer  hereafter  mentioned. 


IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Thomas  Tom- 
kins  be,  ani  is  hereby  appointed  Trealurer  and  Receiver  of  all  iuch  Sum  or  Sums 
of  Money  as  fhall  arife  by  the  Sale  of  the  faid  Lots,  for  the  Ufe  hereafter  mentioned  ; 
and  on  the  Death,  or  Departure  out  of  this  Government,  of  the  faid  Treafurer,  the 
faid  Commiuioners,  or  the  Majority  of  them,  fliall  appoint  fome  other  Perfon  Trea- 
furer, in  the  Place  and  Stead  of  the  faid  Treafurer  fo  dying  or  removing. 


Trfafurer  ap- 

folnteJ. 


V.  AND 


J  66  LAWS     0/     N  O  R  T  H  -  C  A  R  O  L  I  rj  A. 


J.  D.  1754.        V.     AND  be  it  further  Enacted,    by  the  Authority  afcrefaid.  That  the  Treafurer 

^  T^"   ■.-''    that  is  now,  or  may  hereafter  be  appointed  by  the  Comn-iiffioiiers  as  afortfaid,  fhali 

Security,  °   '      give  Sccurity  to  the  County  Court,    in  the  Sum  of  One  Piuncu-cd  Pounds,    that  he 

will  and  fhall  account  with,  and  pay  all  the  Monies  he  lliall  receive  tor  the  Sale  of 

the  faid  Lots,  that  fliall  be  fold,  yearly,  on  the  Firft  Day  of  May,  to  the  Proprietor 

of  the  faid  Town. 

^Yirn'Si'"        ^^-     PROVIDED  always.  That  if  any  Lot  or  Lots  (hall  be  grr.nted  or  ccn- 
ej. '    '  "  veyed  by  the  faid  Commifiioners  to  any  Perfon  or  Perfons  whatfoever,    who  Ihall 

not,  within  Two  Years,  build  a  good  fubftantial  habitable  framed  Brick  ur  Stone 
Houfe,  of  no  lefs  Dimenfions  tlian  Twenty  Four  Feet  in  Lergth,  and  Sixteen  Feet 
wide,  befides  Sheds  or  Leantos,  or  make  Preparation  for  fo  doing,  as  the  Ccmmif- 
fioners,  or  the  Majority  of  them,  fhall,  on  View,  think  reafonable,  fuch  Grant  cr 
Conveyance  fhall  be  void  and  of  none  Effeft,  as  if  the  fam.e  had  never  b.:en  made; 
and  the  Commifiioners,  or  the  Majority  of  them,  may  grant  and  convey  fuch  Lot 
or  Lots,  which  Ihall  not  be  built  on  within  the  Time,  and  in  die  Manner  aforeJJud, 
to  any  other  Perfon  or  Perfons  applying  for  the  fame,  and  paying  the  Purchafe 
Money  as  aforefaid,  to  the  Ufe  of  the  Proprietor  of  the  faid  Land. 

Nufances  to  be        VII.     AN  D  be  it  further  Enabled,  by  the  Authority  afcrefr.id.  That  the  Commif- 
lemored.  fioncrs.  Or  the  Majority  of  them,  fhall  be,  and  they  are  hereby  impowered  to  remove 

all  Nufances  within  the  Limits  of  the  faid  Town. 

And  Lots  kept        VIII.     AND  be  it  further  EnaHed,    by  the  Authority  afcrcfdd.  That  all  Perfons, 
cleared.  PofTefTors  or  Owners  of  any  Lot  or  Lots  in  the  fid  lown,  fhali,  wiihin  Two 

Years  from  the  Date  of  his  or  her  Grant  or  Conveyance,  ckar,  and  keep  conflandy 
clear,  his  or  her  Lot  or  Lots,  from  all  Manner  of  Wood,  Underwood,  Brulli,  and 
Grubs,  under  the  Penalty  of  One  Shilling,  Proclamation  Money,  for  every  Month 
fuch  Owner  or  Owners  of  any  Lot  or  Lots  fhall  negleft  the  fam.e ;  to  be  recovered 
by  a  Warrant  from  any  Juftice  of  the  Peace  of  the  County,  and  applied  by  the 
CommifTioners  for  and  towards  clearing  the  Streets  of  the  faid  Town,  (a) 

S  1  G  N  E  D     by 

Matthew  Rowan,  Efq;  PreHdent. 
James  Murray,  Prefident  of  the  Council. 
Samuel  Swann,  Speaker. 


<*>    <*>    <*>    <*>    <*>    <*> 
<*>    <*>    <*>    <*>    <*> 

«(*>  <*>  i*y  i*jf 

<((*>  <(*>  <*> 

<*>  <*> 

<*> 


ANNO 


(a)  The  remaining  Claufes  of  this  Aft,    relating  to  building  a  Warehoufe  in  the  faid  Town,   and 
appointing  an  Infpeftor,  obfolete. 


L  A  JV  S    o/^    North-Carolina,  167 

ANNOREGNI 

G    E    O    R    G    I    I      11. 

REGIS 

MAGN^  BRITANNIiE,  FRANCIS,  &   HIBERNl^, 

V^  I  C  E  S  S  I  M  O     OCTAVO. 


At  -a  General  ASSEMBLY,    begun  and  held  at  Nenvkrn^    on  the    Arthur 

Do  BBS,    EflJJ 

Twelfth  Day  of  Duemher^    in  the  Year  of  our  Lord  One  Thoufand   Governor. 

Seven  Hundred  and  Fifty  Four  j  being  the  Firil  Seffion  of  this  AlTem- 

:bly. 


C  H  A  P     1. 

An  A:^  for  eflayiijhing  the  Supreme  Courts  of  Juftice,  Oyer  and  Terminer,  and 'General       ^^^_,,,  p^,. 

Gaol  Delivery,  of  North  Carolina.  thmation. 

C  H  A  P.  2.     An  An  for  eflahliflnng  County  Courts^  for  enlarging  their  Jurifdi^ion,  and  j^epeaied  by  Pro- 

fettling  the  Proceedings  therein.  ciamation. 

3.     An  An  to  provide  indifferent  fury  men  in  all  Caufes,  criminal  and  civil.  Repealed  by  pw 

and  for  an  Allowance  for  the  Attendance  of  furor's  attending  at  the  t'^mation. 
Supreme  Courts. 


4.  An  An  for  appointing  Tarifoes  and  Vejlries,  for  the  Encouragement  of  an   Repeated  by  Pro- 

Orthodox  Clergy,  for  the  Advancement  of  the  Proteftant  Religion.,  and   '^'•^'"^'"D' 

for  the  Direction  of  the  Settlement  ^f  ParifJo  Accounts.  Fart  of  ^hu  ka 

hiditsEff-a, 

5.  An  Act  for  granting  an  Aid  to  his  Majejly^  for  the  Defence  of  the  Frontier   t'"rt"pr<  v!.k"  for 

of  this  Province,  and  other  Purpofes.  I'v  '*"-■  Aft.f"r 

.  ■^   •'  appointins  public 

Trcafureft. 

TW-i  A£l  was 
pid-ii  under  a 

6.  An  Act  for  fecuring  the  Payment  of  ^litrents  due  to  hiPMafefiy,    and  *^'i',',''j}j2'5!?;^'i"''° 

Earl  Granville,  for  quieting  the  Freeholders  in  the  Poffeffion  of  their   cieafure  wa,,  * 
Lands,  and  for  other  Purpofes.  V"*P '  '"'' " 

'  J         "  x  J      '  that   IS   11  it    yei 

p  fjr    A    p       fignified,  'tis  not 
v.-  Xi  -rl-  A  •     printcii. 


i68  LAWS    of    North-Carolina. 


A.  D.  1754.  CHAP.    VIL 

An' Act  for  granting  to  his  Majefty  a  Duty  upon  the  Tonage  of  Shi'ps  and  ether  Veffeli 
coming  into  this  Province,  for  the  Piirpofes  therein  mentioned.     EXP. 

This  Aa  luJ  Its    CHAP.  8.^-  An  Act  for  r  airing  a  Fund  for  paying  the  Salaries  of 'the  Chief  Juflice  and 

Attorney  General,  and  for  other  Purpcfes. 

9.  An  Act  to  refrain  the  Exportation  of  had  and  unmerchantable  Tobacco, 

and  for  preventing  Frands^  in  his  Majejlfs  Cufioms.     EXP. 

10.  An  Act  to  facilitate  the  raijing  Recruits  to  ferv-e  his  Majefty,  in  the  in- 

tended Expedition  againft  the  French  on  the  Ohio,  and  guarding  the 
Frontiers  of  this  Province.     EXP. 

-  C  H  A  P.  '  XI. 

An  Act  for  appointing  the  feveral  Ferries  therein  mentioned,  and  fcr  obliging  the  Commijfi- 
oners  of  the  fever al  Diftricts  to  make  Roads  to  the  Jame. 

This  Aa,  M^^    Y\\.    And  whereas  the  faid  High-Road  will  tend  to  the  great  Eafe  and  Conve- 
t';on/pn>wLifnr  ^^  nifnce,  not  only  of  the  laid  Diilri£ls,  -but  alio  to  the  Inliabitants  ol"  the 

by  the  Road  Aa.  "Jq^^  ot  Wilmington,  and  of  the  Diftrifts  adjacent,  who  have  been  long  expofed  to 
great  Hardlliips  and  Expences,  and  at  fomecimes  to  the  Danger  of  their  Lives, 
from  the  Want  of  the  faid  Roads  ;  Be  it  therefore  Enacted,  That  a«  foon  as  the  laid 
Road  Ihall  be  ftaked  out,  in  Manner  as  herein  before  directed,  it  fhall  and  may  be 
"  lawful  for  the- Inhabitants  of  the  Town  of  Wilmington,  and  for  the  Inhabitants  of 
any  other  Diftrid  in  the  County  of  Neiv  Hanover,  or  in  the  County  of  Bladen,  or 
any  of  them,  to  fend,,  at  any  Time,  proper  for  working  on  the  faid  High-Road,  a 
Number  of  not  lefs  than  Ten  able  Perions,  to  work  on  the  faid  Read,  under  the 
Diredion  of  fuch  an  Overfcer  as  fhall  be  approved  by  the  Commiffioners  of  the  Dif- 
trift  where  they  are  to  work,  or  the  Majority  of  them  -,  and  every  fuch  Overfe^ 
certifying,  or  making  Oath,  if  required,  what  Number  of  Perfons  have  wrought  on 
the  faid  Roads,  and  for  what  Time  fuch  Certificate  fliall  be  counterfigned  by  the 
Commifiioners  of  the  Roads  where  fuch  Work  fhall  have  been  done,  or  the  Majority 
of  them,  the  like  Number  of  Days  fliall  be  allowed  to  the  Perfon  or  Perfons  pof- 
fefled  of  fuch  Certificate,  out  of  the  Work  that  otherwife  v/ould  have  been  due  from 
him  or  them  within  his  or  their  refpedive  Diftrids ;  any  Law,  Ufage,  or  Cuftom, 
to  the  contrary,  notwithftanding. 

CHAP.     XII. 

An  Act  to  eflahlifh  a  Public  Ferry  from  Newbey'j  Point  to  Phelps'i  Point,  whereon  the 
Court'Houfe  now  fiends,  on  Perquimons  River.     EXP. 

C  H  A  P.   13.     An  Act  to  am.end  an  Act,  intituled.  An  Ad  for  defliroying  Vermin  in 
this  Province.     REP. 

' _  *. 

C  H  A  P.    XIV. 

An  Act  to  repeal  an  Act,  faffed  by  the  General  AJfemlly,  held  at  Newbef  n,  the  Sixth  Bay 
of  April,  in  the  7'ear  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty  Eight,  inti- 
tuled. An  Ad  to  prevent  the  Exportation  of  raw  Hides,  Pieces  of  Hides,  and 
Calf  Skins,  out  of  this  Government. 

Recital.  I.   '1 1  7  H  E  R  E  A  S  an  Ad,  paffed  by  the  General  Aflembly,  held  at  Newborn, 

:    YV  ■  the  Sixth  Day  of  April,  in  the  Year  of  our  Lord  One  Thoufand  Sevt^n 

■    '  Hundred  and  Forty  Eight,  intituled.  An  Act  to  prevent  the  Expbrtaticn  of  raw  Hides, 

Pieces 


L  A  IV  S    of    Nohth-Carolina* 


169 


J754- 


Pieces  cf  Hides,  and  Ca'f  Skins,  mt  of  this  Goverm^^Kt,   is  founds  by  Experience,  to   A.  D. 
jjbe  very  inconvenient  and  prejudicial,  in  many  Refpefts,  to  tlic  Inhabitants  of  this 
Province,  and  not  to  anlwer  the  good  Ends  intended  thereby  :  Therci'ore, 

;.     II.     BE  it  Enacted^  by  the  Governtir^  Council,  and  AJJkmhly^    and  hy  the  Aiithcrity   Aa repealed.- 
of  the  fame.  That  the  aforefaid  Aft,  and  every  iVIatterand  Thing  therein  contained, 
Ihall  be,  and  is  repealed,  determined,  made  void,  and  of  none  Effeft  and  Force, 
as  if  the  fame  had  never  been  made. 


....n;.:)  ;.ill  c  C  H  A  P.     XV. 

An  4^  to  prevent  maVicious  Maiming  and  Wounding^ 

I.  TT7HEREAS  many  mifchievous  and  ill-difpofed  Perfons  have  of  late,  in    Preamble. 

Y  Y      a  malicious  and  barbarous  Manner,    maimed,    wounded,    and  deiaced, 
many  ot  his  Majeity's  Subjects :    For  the  Prevention  of  which  inhuman  Pradices, 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  end  Affembly,  and  by  the  Authority  of  Malicious  maim- 
the  fame.  That  if  any  Perlbn  or  Perfons,  from  and  after  the  Ratification  of  this  Adt,  '"^  P'"'""^"*- 
on  Purpofe,  Ih.iU  unlawfully  cut  out,  or  difable  the  Tongue,  put  out  an  Eye,  flit 
the  Nofe,  bite  or  cut  off  a  Nofe  or  Lip,  bite  or  cut  off,  or  difable,  any  Limb  or 
Member  of  any  Subjeft  of  his  Majefty,  in  fo  doing  to  maim  or  disfigure,  in  any  of 
the  Manners  before  mentioned,  fuch  his  Majefty's  Subjeds ;  that  then,  and  in  every 
fuch  Cafe,  the  Perfon  or  Perfons  fo  offending,  their  Counfellors,  Abettors,  and 
Aiders,  knowing  ot,  and  privy  to  the  Offence  as  aforefaid,  Ihall  be,  and  are  hereby 
declared  to  be  Ftlons,  and  Ihall  fuffer  as  in  Cafe  of  Felony ;  provided  that  no  At- 
tainder of  fuch  Felony  fliall  extend  to  corrupt  the  Blocd,  or  forfeit  the  Dower  of 
the  Wife,  or  the  Lands,  Goods,  or  Chattels,  of  the  Offender. 


CHAP.     XVI. 

An  Act  to  confirm  an  /Igretv.ent  made  by  the prefcnt  Church'wardens  end  Vef.ry  of  Chrifl* 
Church  Partpd,  in  Craven  County,  with  the  Reverend  James  Reed. 

I.  T"^  THERE  AS  the  Churchwardens  and  Veftry  of  the  Parifh  of  Chrifi-Church   Private. 

Y  y  heretofore  fent  to  England  an  Order  of  Veltry  of  the  faid  Parifh,  thereby 
promifing,  amongft  other  Things,  the  Sum  of  One  Hundred  and  Thirty  Three 
Pounds  Six  Shillings  and  Eight  Pence,  Proclamation  Money,  fer  Annum,  to  be 
paid  to  a  Minifter  of  theChurch  of  England,  in  Confideration  of  having  divine  Ser- 
vice performed  at  the  Church  of  the  Parifh  aforefaid,  and  at  the  feveral  Chappels 
within  the  faid  Parllh,  at  the  feveral  Times  herein  fpecified :  And  whereas,  in  Con- 
fequcnce  of  the  faid  Order,  the  faid  Reverend  fames  Reed,  at  great  Charges  and 
Expence,  tranfported  himfelf  from  England  hither,  and  hath  officiated  and  performed 
Divine  Service  at  the  faid  Church,  and  at  the  feveral  Cliappels  within  the  faid  Pa- 
rifn,  One  Year  and  upwards,  to  the  Approbation  of  the  faid  Parifli ;  and  the  faid 
Churchwardens  and  Veftry,  having  contraded  and  agreed  with  the  faid  fames  Reed^ 
that  they  will  give  and  pay  unto  him,  during  the  Time  he  fhall  continue  to  perform 
Divine  Service  at  the  Church  of  the  faid  Parifh  in  Ncjjbern,  and  at  the  feveral 
Chappels  within  the  fiid  Parifh  now  ereded,  the  Sum  of  One  Hundred  and  Thirty 
Three  Pounds  Six  Shillings  and  Eight  Pence,  Proclamation  Money,  per  Annum, 
and  find  and  provide  a  good  Glebe  Houfe,  Kitchen,  and  other  neceffary  Ploufes, 
on  a  Lot  in  Ncvubern,  and  the  faid  Lot  to  be  well  and  fufficiently  paled  in  ;  in  Con- 
fideration of  which,  the  faid  James  Reed  covenanted  to  perform  divine  Service  at 
the  faid  Parifh  Church  in  Nezvbcrn  all  Sundays  in  the  Year,  except  fuch  as  he  fhall 
be  attending  the  Cliappels  within  the  laid  Parifli,  or  have  Leave  from  the  Veftry  to 
be  abfent  -,  at  each  of  which  find  Chappels  the  faid  Ja^nes  Reed  fhall  attend  and  per- 
form divine  Service,  Three  Times  in  each  Year  :  Therefore, 
'-    ■        ■  Y  II.  BE 


170  LAWS    of    North-Carolina. 

^.  D.  1754.  II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  of 
c^traft  with'  ^^^  fame.  That  the  faid  Contraft  fo  made  by  and  between  the  faid  James  Reed  and 
the  veftry  made  the  faid  Churchwardens  and  Veftry  of  the  Parifh  of  Chrijl-Church  aforefaid,  is  hereby 
'*^"^*  confirmed,  and  fhall  be  good  and  vaUd  in  Law,  and  fliall  be  binding,  to  all  Intents 

and  Purpofes,    as  well  on  the  faid  James  Reed  as  on  the  faid  Churchwardens  and 
Veftry,  and  their  SuccefTors,  Churchwardens  and  Veftry  of  the  faid  Parilh. 

S  1  G  N  E  D    by 

Arthur  Dobbs,  Efq;  Governor. 

Matthew  Rowan,  Prefident. 
John  Campbellj  Speaker; 


ANNO 


LAWS    of    North-Carolina. 


1/1 


A.  D.  1755. 


%J  ki  %#  %#  h^  %#^-i,^%^   %^  %^^  %£j  %^ 

#%  #%  #f  #f  #%  #%l^^/^%    .;^%  ^%  §^  ^% 


4^* 

k 


ANNO       REGNI 


GEO 


G   1   I    II. 


REGIS, 

MAGN.E    BRITANNIA,     FRANCIiE,    &    HIBERNIiE, 

VICESSIMO     NONO. 


At  a  General  ASSEMBLY,    begun  and  held  at  Newbern,    on  the    a  ^„„. 
Twelfth  Day  of  December,   in  the  Year  of  our  Lord  One  Thoufand    Governor.  '^^ 
Seven  Hundred  and  Fifty  Four,  and  from  thence  continued,  by  feveral 
Prorogations,    to  the  Twenty  Fifth  Day  of  September,    in  the  Year  of 
our  Lord  One  Thoufand  Seven   Hundred   and  Fifty  Five :    Being  the 
Second  Seffion  of  this  AiTembly. 


CHAP,     L 

An  AB  for  granting  a  further  Aid  to  his  Majejly,  to  repel  the  French,  and  Indians  in    rhh  Aa  had  its 
their  Alliance,  from  their  Encroachment  on  his  Majejifs  Territories  in  America,  and   ^'^'^• 
other  Purpofes. 

C  H  A  P.  2.  An  A&  for  appointing  Sheriffs,  and  direHing  their  Luty  in  Office ;  and 
for  compelling  Colletlors  of  Public  Taxes,  and  Perfons  intrufted  with 
laying  out  Public  Money,  to  apply  and  account  for  the  fame.     REP. 

3.  An  Act  for  Infpection  of  Pork,  Beef,  Rice,  Indigo,  Tar^  Pitch,  Tur- 

pentine, Staves,  Heading,  Shingles,  and  Lumber.     EXP. 

4.  An  Act  for  regulating  Orphans,  their  Guardians,  and  Efiates>  Thf5Aftre- 

enafled,    by  Aft 
Nu».  1762,  Clu 

5.  An  Act  to  quiet  Freeholders  in  the  Poffeffion  of  their  Lands,  and  for  other  Repealed  b  Pr<, 

Purpofes.  tlan:aii'on/ 


Y  i 


CHAP, 


172  L  A  IV  S    of    North-Carolina. 

^-  D.  1755.  CHAP.     VI. 

nue'rt  by  fev"  r'a'i  ^^  ^'^^  [oT  thc  Rejlralnt  of  Vagrants,  and  for  viaking  Provifion  for  the  Poor,  and  other 
fubfcqu.nt  Afts  Piirpofes. 

to  tlieYear  1775.  ^   •' 

Preamble.  I.  T¥7HEREAS  divcrs  idle  and  diforderly  Perfons,  having  no  vifible  Eflates 

y  Y  or  Employments,  and  who  are  able  to  work,  frequently  ftrole  from  one 
County  to  another,  neglefting  to  labour  •,  and  either  failing  altogether  to  lift  them- 
fclves  as  Taxables,  or  by  their  idle  and  diforderly  Life,  rendering  themselves  inca- 
pable ot  paying  their  Levies,  when  lifted  :  P'or  Remedy  whereof, 

NoPctfontohire  jj_  B  E  it  Enacted,  hy  the  Governor,  Council,  and  AJfemhly,  end  hy  the  Aiilhcriiy  of 
Hoof"  ab"ve  4S  the  fame.  That  it  ftiall  not  be  lawful  for  any  Inhabitant  of  this  Government,  to  en- 
Hnurs,  any  tax-    certain,    hire,    or  employ,    in  his  or  her  Houfe,  above  the  Space  of  Forty  Eiaht 

able    Peif.in    re-  r      1      t^       -  ti      r  1        r  1      •  1  1  i  r 

moving  from  one    Hours,  any  luch  rerlon  or  Perlons  whatloever,  being  taxable,  and  removing  from 
wit'w  a"c«d-    '^'^^  Parifti  where  he  or  ftie  formerly  refided,  unlefs  fuch  Perfon  fliall  firft  produce  a 
ficate  from  his    Certificate,  under  the  Hand  of  the  Sheriff,  or  fome  Magiftrate  of  the  County  from 
Tngp^id'^Levy''''    whencc  he  or  ftie  came,  that  fuch  Perfon  paid  Levy  there  for  the  preceding  Year, 
there  the  pteced.    or  that  he  or  ftic  camc  into  this  Government  fince,  or  was  a  Servant  at  the  Time  of 
o"rf  Pen."of'jo  ll    taking  the  laft  Lift  of  Taxables  •,    and  if  any  one  ftiall  entertain,  hire,  or  employ, 
any  fuch  Perfon  or  Perfons  whatfoever,  being  taxable,  not  having  fuch  Certificate 
as  aforefaid,  he  or  flie  fo  offending,  fhail  forfeit  and  pay  Tv/enty  Shillings,  Procla- 
mation Money,    for  every  fuch  Offence,    to  the  Informer  -,    recoverable  before  any 
Like  Penalty  on    Jufticc  of  the  Pcacc  of  the  County  where  the  Ofience  fhall  be  committed  :    And  if 
i'ng t/h.r "  with-    any  taxable  Perfon,  not  having  fuch  Certificate,    fhall  ofler  himfelf,    or  feek  to  be 
cut  fuch  Certifi-    employed,  he  fhall  be  liable  to  the  like  Penalty  of  Twenty  Shillings,  Proclamation 
Money  ;  to  be  recovered  and  applied  as  aforefaid. 

Porf^ns  deemf-j  \\\^  AN T)  be  it  fiirthcr  Euactcd,  hy  the  Authority  aforefaid.  That  all  able  bodied 
gabon'dl  "  ^'  Perfons,  not  having  wherewithal  to  maintain  themfelves,  who  fliall  be  found  loitering 
and  neglefting  to  labour  for  reafonable  Wages ;  all  Perfons  who  run  from  their  Ha- 
bitations, and  have  Wives  or  Children,  without  fuitable  Means  for  their  Subfiftence, 
whereby  they  are  like  to  become  burthenfome  to  the  Parifli  wherein  they  inhabit ; 
and  all  other  idle,  vagrant,  or  diffolute  Perfons,  wandering  abroad,  without  betak- 
ing themfelves  to  fome  lawful  Employments,  or  honeft  l.abour,  or  going  about 
begging,  fliall  be  deemed  Rogues  and  Vagabonds. 

f!^ch*'p^ribn?a're  ^^'  A N B  Ic  it  further  Enactcd,  hy  the  Authority  aforefaid.  That  if  any  fuch 
to  be  dealt  with,  Vagabonds  fliall  be  found  in  any  County  or  Place,  wandering,  begging,  or  mifbr- 
'**'"'Lnd'ed  "^  dering  him  or  herfelf,  it  fhall  be  lawful  for  any  Juftice  of  the  Peace  of  that  County, 
and  he  is  hereby  impowered  and  required,  by  Warrant  under  his  Eland,  to  caufe 
fuch  Vagabonds  to  be  brought  before  him,  and  to  examine  and  inform  himfelf,  as 
well  by  the  Oath  and  Examination  of  the  Perfon  apprehended,  as  of  any  other  Perfon 
or  Perfons  (which  Oath  or  Oaths  the  Juftice  is  hereby  impov/ered  to  adminifter)  and 
by  any  other  Ways  or  Means  he  fliall  think  proper,  of  the  Condition  and  Circum- 
ftances  of  the  Perfon  or  Perfons  fo  apprehended ;  and  if  it  fhall  appear  that  he  or 
flie  is  under  the  Defcription  of  Vagabonds  within  this  Aft,  the  faid  Juftice  fliall, 
by  his  Warrant,  order  and  direft  him  or  her  to  be  conveyed  and  whipt,  in  the  fame 
Manner  as  Runaways  are,  from  Conftable  to  Conftable,  to  the  County  v/herein  his 
Wife  or  Children  do  inhabit,  or  where  he  or  flie  did  laft  refide  (as  the  Cafe  fhall 
be)  and  there  delivered  to  a  Juftice  of  the  Peace,  who  is  hereby  required  to  caule 
every  fuch  Vagabond  to  give  fufHcient  Security  for  his  or  her  good  Behaviour,  and 
'  for  betaking  him  or  herfelf  to  fome  lawful  Calling,  or  honeft  Labour ;  and  if  he  or 

fhe  fliall  fail  fo  to  do,  then  to  commit  him  or  her  to  the  common  Jail  of  the  County, 
there  to  remain  until  fuch  Security  be  given,  or  until  the  next  Court ;  which  Court 
is  hereby  impowered,  if  no  Security  be  then  offered,  to  bind  fuch  Vagabond  to 
Service,  on  Wages,  for  the  Term  of  One  Year ;  and  fuch  Wages,  after  dedufting 
the  Charges  of  the  I'rofecution,  and  necefTary  Cloathing,  fliall  be  applied  towards 
fupporting  the  Family  of  fuch  Servant  (if  any)  or  otherwife  paid  to  the  Perfon  fo 

bound. 


appr 


Laws    of    N  o  r  t  h  -  C  a  r  o  l  i  m  a. 


/.s 


bound,  after  his  or  her  Time  of  Service  is  expired,  in  full  of  all  other  Rccompence  ^'  !>■  1755- 
or  Reward:  But  if  any  luch  Vagabond  be  of  fuch  evil  Repute,  that  no  Perfon  '  — 
will  receive  him  or  her  into  Service,  in  fuch  Cafe  the  Court  ihall  order  lum  or  her 
to  receive  Thirty  Nine  Lafnes  on  his  or  her  bare  Back,  we]]  laid  on,  at  the  Public 
Whipping  Poll,  and  then  to  be  difcharged  ;  and  in  both  Cafes,  every  fuch  Vaoa- 
bond  ihall  be  afterwards  liable  to  the  like  Profecution  and  Puniflament,  for  every 
Offence  of  Vagrancy  whereof  he  or  fhe  fhall  be  guilty  as  aforefaid  ;  and  when  any 
fuch  Vagabond  ihall  be  brought  before  a  Juftice  of  the  Peace,  and  k  fliail  not  ap- 
pear to  the  faid  Jullice  that  he  or  fhe  has  acquired  a  legal  Settlement  in  any  Parifii, 
the  faid  Juftice  is  hereby  required  to  caufe  luch  Vagabond  to  Q:ive  Security  for  his 
or  her  good  Behaviour,  and  for  betaking  him  or  herfclf  to  forne  honell  Calling  or 
Employment  •,  and  on  Failure  thereof,  ihall  commit  him  or  her  to  the  Jail  of  the 
County,  there  to  remain  and  be  dealt  with  as  is  before  herein  dircftcd. 

V.     AND  for  determining  all  Difputes  concerning  what  fliali  be  accounted  a  On.  Veu-s  Re. 

legal  Settlement,  whereby  any  Peribn  may  be  intitled  to  be  provided  for  at  the  Pa-  ''''''"" '" '''"'' 

riih  Charge  -,    It.  is  hereby  Enabled  and  Declared,    That  no  Peribn  Ihall  be  accounted  a'lfpVseUe-"* 

an  Inhabitant,    fo  as  to  have  gained  a  legal  Settlement  in  any  Parifh,    until  fuch  """'* 
Perfon  fliall  have  been  acftually  rcfident  in  fuch  Parilh  one  whole  Year. 


VI.  AND  he  it  further  EnaJIed,  by  the  Authority  aforefaid,  l^hat  upon  Com- 
plaint made  by  the  Churchwardens  cf  any  Parifh,  before  a  Juilice  of  Peace,  that 
any  poor  Perfon  or  Pcribns  is  or  are  come  into  their  Parifn,  and  likely  to  become 
cii  irgeablc  thereto,  it  fhall  be  lawful  for  fuch  Juflice,  by  Warrant  under  his  PTand, 
to  caufe  luch  poor  Perfons  to  be  removed  to  tJie  Pariih  where  he  or  flie  was  leo-ally 
lafl  fettled  ;  but  if  fuch  poor  Perlbns  be  fick  or  difabled,  and  cannot  be  removed 
without  Danger  of  Life,  the  Churchwardens  fhall  provide  for  his  or  her  Maintenance 
and  Cure,  at  the  Charge  of  the  larifh,  and  after  Recovery,  fhall  caufe  him  or  her 
to  be  fo  removed  ;  and  the  Parifli  wherein  he  or  fhe  was  lafl  legally  fettled  ihall  reuay 
all  Charges  occafioned  by  the  Sickneis,  Maintenance,  and  Cure  of  iuch  poor  Per- 
fon, and  alfo  all  Charges  and  Expences,  if  ilich  Pcrion  ihall  die  before  Removal: 
And  if  the  Churchwarden  or  Churchwarciens  of  the  Parilh  to  v/hich  iuch  poor  Perfon 
belongs,  fliall  refufe  to  receive  and  provide  for  the  Perfon  or  Perfons  removed  by 
Warrant  as  aforefaid,  every  Churchwarden  fo  rcfufing  ihall  forfeit  and  pay  Twenty 
Pounds,  Proclamation  Money  ;  one  Half  to  our  Sovereign  Lord  the  King,  for  the 
Ufc  of  the  Parifh  from  whence  the  Removal  was,  and  the  other  Moiety  to  tlie  In- 
former i  to  be  recovered,  by  Adion  of  Debt  or  Information,  in  the  County  Court 
where  the  Information  was  made,  with  Cofts  of  Suit:  And  il  the  Veftry  of  the  Pa- 
rlfli  where  fuch  poor  Perfon  was  laft  legally  iettled,  fhall  refule  to  pay  and  fuisfy 
all  the  Charges  and  Expences  aforefaid,  in  fuch  Cale,  the  Veftry  of  the  Parifn  re- 
fufing  fliall  be  liable  for  the  fame,  to  the  Churchwardens  aggrieved ;  to  be  reco- 
vered, with  Cofts,  in  the  County  Court,  as  aforefaid  :  And  if  any  Houfe-Kecper  fliall 
entertain  fuch  poor  Perfon,  and  fliall  not  give  Notice  thereof  to  the  Churchwardens 
of  the  Parifli,  or  One  of  them,  within  One  Month,  he  or  fhe  lb  offending,  fliall 
forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation  Money,  to  be  recovered, 
with  Cofts,  by  the  Churchwardens,  for  the  Ufe  of  the  Pariih,  by  Aftion  of  Debt 
or  Information,  in  any  County  Court. 

VII.  AND  whereas  it  frequently  happens  that  Mafters  of  Vefllls  bring  with 
them  into  this  Province  Pcribns  who  have  not  wherewith  to  fupport  themielves, 
and  are  incapable  of  getting  a  Livelihood,  by  Means  of  wliich  the  Expence  of  the 
Parifli  in  which  they  are  left  is  greatly  increafed  :  For  Remedy  whereof.  Be  it 
EnrMed,  by  the  Authority  aforefaid.  That  from  and  after  the  Firll  Day  of  January 
next,  after  the  pafTing  of  this  Ad,  when  any  Mailer  of  a  Veflel  from  any  other  Port 
fliall  bring  i.nto  this  Province  any  Perfon  or  Perfons  who  may  probably  be  an  Ex- 
pence  to  any  Parifli  within  the  fame,  it  fliall  and  may  be  lawful,  on  Complaint  of 
any  Freeholder  to  any  Three  Juftices  of  the  County  where  iuch  Maftcr  of  a  VefTel 
flial!  at  that  Time  rel'ide,  for  the  faid  Juftices,    by  their  Warrant,  to  convene  iuch 

Mafter 


Method  to  be  ta- 
ken whTe  poor 
Henple  come  into 
any  Parifh,  and 
are  ukily  to  be- 
come  chaigeaSle 
tb'.reto. 


P?n  on  Chnrch- 
warrfcns  i  f  the 
H.ir.fli  II  here  fuch 
Tnor  bcluiigs,  rc- 
fufing to  re.  tive 
end  ptoviJe  for 
them  ; 


And  on  the  Vrf- 
try  refilling  tu 
p.iy  all  Expences 
ot  fuch  I'oi  r. 


Pen.   on  Hrufc- 
keepers  enter, 
lalning  fncli  P.or 
without   giving 
N'tice  fo  the 
Chui(.hwaid:ns. 


Proreeriinf!!  to  be 
hart  npninlt  M„l- 
te.s  oi  Viirels, 
bunging  Pcrlons 
into  ih  s  Pro- 
vince, mho  may 
be  chirprahle  Co 
any  Pat.ib. 


174 


LAWS    of    North-Carolina. 


Jt.  D.  1755,  Mafter  of  a  Veffcl  before  them,  and  to  take  the  Depofition  of  WitnefTes  concerning 
^— "V*"*-'  the  Matter  of  the  Complaint  •,  and  if,  on  hearing  the  fame,  it  fhall  appear  to  them, 
or  any  Two  of  them,  that  the  Perfon  or  Perfons  brought  into  this  Province  has 
or  have  not  brought  with  him  or  them  fufficient  Effefts  for  his  or  their  Support  and 
Maintenance,  and  that  he,  flie,  or  they,  is  or  are  incapable  of  getting  a  Livelihood, 
by  his,  her,  or  their  Induftry,  fuch  Mafter  of  a  Vcflel  fhall,  by  the  Judgment  of 
the  faid  Juftices,  be  obliged  to  give  Bond,  with  Two  fufficient  Securities,  to  the 
Governor,  or  Commander  in  Chief  for  the  Time  being,  in  the  Sum  of  Forty  Pounds, 
Proclamation  Money  •,  with  Condition  that  he  will  tranfport  fuch  Perlbn  or  Perfons 
out  of  this  Province  within  fix  Months  from  the  Date  of  fuch  Bond,  or  at  all  Times 
thereafter  indemnify  every  Parifti  within  this  Province  from  any  Expence  which 
they  may  be  at,  by  Means  of  fuch  Perfon  or  Perfons  being  a  Parifh  Charge ;  and 
if  fuch  Mafter  of  a  Veflel  fliall  refufc  to  comply  with  fuch  Orders,  it  ftiall  and  may 
be  lawful  for  the  faid  Two  Juftices,  by  Warrant  under  their  Hands  and  Seals,  to 
commit  him  to  the  Public  Jail,  there  to  remain  until  he  fliall  comply  with  the  fame  : 
And  as  often  as  any  Perfon  or  Perfons  fo  imported  fliall  become  chargeable  to  any 
Parifli,  it  flball  and  may  be  lawful  for  the  Churchwardens  of  fuch  Parifli  to  bring 
Suit,  and  recover,  on  the  faid  Bond,  in  the  Name  of  the  Governor,  but  to  the  Ufe 
of  the  Parifli,  fo  much  as  the  Parifli  have  been  damnified  thereby,  with  Cofts  of 
Suit,  until  the  whole  Penalty  of  the  Bond  fliall  be  recovered. 

£  Aa!'""  "^  "^Ili-  ^NDbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  this  Aft  fliall 
continue  and  be  in  Force  for  the  Space  of  Five  Years,  and  from  thence  to  the  End 
of  the  next  SelTion  of  Aflembly,  and  no  longer. 


Provided    for   by 
thii  Navigation 
y\*l,  Nov.  J766, 
Chap.  8. 


CHAP.     VII. 

An  AlI  to  direB  the  Method  of  appraifing  Lands  tvhereon  Fcrts  or  Batteries  now  are,  or 
hereafter  fhall  be  ereSlcd,  for  the  Defence  of  this  Province.     O  B  S. 

C  H  A  P.  8.     An  AFt  to  -prevent  the  Exportation  of  Provijions  and  live  Stock  from  this 
Province  to  the  French  or  Neutral  Ports.     EXP. 

9.  An  A^  to  prevent  malignant  and  infe^ioiis  Diftempers  being  fpread  by 

Shipping  importing  dtjlempered  Perfons  into  this  Province,    and  other 
Purpofcs.     REP. 

10.  An  Act  to  amend  an  A5f  for  facilitating  the  Navigation  of  Poft  Bath, 

Port  Roanoke,  and  Port  Beaufort. 

11.  An  AU  for  afccrtaining  a  proper  Place  for  building  thereat  a  Court- 

Houfe,  Prifon,  Pillory,  and  Stocks,  for  the  County  of  Beaufort.  REP. 


Private. 


Court  Houfe 
whtrc  eieiitt'. 


CHAP.     XII. 

An  A5i  to  appoint  the  Place  for  ereEfing  the  Court-Hoiife  and  Prifon  in  the  County  of 
Onflow,  and  other  Purpofes  therein  mentioned. 

I.  -TTTHEREASby  Experience  it  is  found  that  the  Situation  of  the  Court- 
yy  Houfe  in  Onflow  County,  before  it  was  deftroyed  by  the  Storm,  was  not 
central,  and  by  Reafon  of  a  wide  Ferry,  often  impaflable,  very  inconvenient  to  the 
o-reateft  Part  of  the  Inhabitants,  and  that  there  are  no  Houfes  for  Accommodation 
near  the  Place :  For  Remedy  whereof, 

II.  BE  it  EnaElcd,  hy  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
cf  the  fame.  That  the  Juftices  of  the  County  of  Onfloia  fliall  have  full  Power  and 
Authority,  and  are  hereby  required,  within  the  Space  of  Six  Months  next  after  the 
pafling  this  Aft,  to  creft  a  Court-Houfe,  Prifon,  Pillory,  and  Stocks,  for  the  Ufe 

of 


L  A  fV  S     of    North-Carolina. 


^75 


of  the  County,  and  to  agree  with  Workmen  to  build  and  finifli  tlie  lame,  at  IV^nl-   J.  D.   1755. 
land'^  -F^rry,  in  the  faid  County.  s.— -v-.^" 

III.  AND  be  it  further  Ena^ed,  That  fo  much  of  the  County  Taxes  heretofore    Tuxes  applied. 
annually  levied  for  that  Purpofe,    and  now  in  the  Hands  of  the  Julfices,    fhall  be 

applied  to  the  creeling  the  faid  new  Court-Houfe,  Prifon,  Pillory,  and  Stocks, 
near  IFantland's,  Ferry,  and  to  no  other  Purpofe  whatfoever ;  and  that  hereafter  all 
Eiedions,  and  other  Bufinefs  of  the  laid  County,  Hiall  be  tranfaded  at  the  faid 
Court-Houfe  by  this  Ad  appointed  to  be  built  and  erefted. 

IV.  AND  be  it  further  Enabled,  That  for  the  Convenience  of  the  Inhabitants    c„u„t  perr 
of  the  faid  County  paffing  to  and  from  the  faid  Court-Houfe,  to  tranlaft  their  pub-     """  ^   '"''* 
lie  Bufinefs,  the  Ferry  called  lFantland'%  Ferry,  at  all  fuch  Times,  fhall  be  main- 
tained at  the  County  Charge,  to  be  paid  out  of  the  County  Tax. 

V.  AND  be  it  further  EnaHed,  That  fo  much  of  an  Aft,  intituled,  An  A^  for   RepciingCiaufe. 
the  appointing  and  laying  out  a  Town  at  or  near  Mittam'j  Pointy    on  the  South  Side  of 

New  River,  in  Onflow  County,  by  the  Name  of  Johnflon,  for  lo  much  thereof  as 
relates  to  holding  the  Courr,  and  tranfadling  all  other  public  Bufinefs  for  the  faid 
County  in  the  Town  of  'johnjhn,  is  hereby  from  henceforth  repealed. 


PiivatCi 


CHAP.     XIII. 

An  All  for  ere5fing  that  Part  of  Rowan  County,   called  Wachovia,    into  a  dijlin5i 

Parifj, 

I.  TT  7  HERE  AS  the  Unitas  Fratrum,  or  the  People  called  the  United  Bre- 
VV  thren,  inhabiting  that  Part  of  the  County  of  Rowan  called  and  known 
by  the  Name  o{  JVachovia,  have  reprefented  to  this  AfTembly,  that  their  being 
ereded  into  a  feparate  Panfh,  will  enable  them  to  difcharge  their  feveral  Parochial 
Duties  with  greater  Eafe  and  Convenience  than  they  can  at  prefent: 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  AJfembly,  and  by  the  Doi>bs  PariA 
Authority  of  the  fame.  That  the  Trad  of  Land  in  the  County  oi  Rowan,  called  and  "=«=<*• 
known  by  the  Nane  of  Wachovia,  and  the  feveral  Surveys  of  Land  to  the  faid 
United  Brethren  belonging,  contiguous,  and  adjoining  to  the  faid  Trad  of  Land 
called  Wachovia,  according  to  the  known  Boundaries  and  Limits  thereof,  fhall  be, 
and  is  hereby  ereded  into  a  Parifh,  diftind  and  feparate  from  the  Parifli  of  St. 
Luke,  in  the  faid  County,  and  fhall  be  called  and  known  by  the  Name  of  the  Parifh 
ofDobbs;  and  fhall  and  may,  from  Time  to  Time,  hold,  ufe,  and  exercife,  the 
like  Authorities  and  Powers,  and  pofTefs  and  enjoy  the  fame  Immunities  and  Privi- 
leges, as  other  Parifhes  in  this  Province  fhall,  may,  or  can  do ;  and  all  and  every 
other  Perfon  and  Perfons  who  are,  or  fhall  be  Inhabitants  of  the  faid  Parifh  of 
Dobbs,  fhall  be,  and  are  from  henceforth,  releafcd  and»difcharged  of  and  from  all 
Parochial  Duties  to  the  faid  Parifh  of  St.  Luke. 


III.  AND  be  it  EnaHed,  by  the  Authority  aforcfaid.  That  the  Freeholders  of 
the  faid  Parifh  of  Dobbs  fhall,  and  they  are  hereby  impowered  and  required,  10 
meet  at  the  Court-Houfe  of  the  faid  County  of  Rowan,  on  the  Firft  Tuefday  in  Juyie 
next,  then  and  there  to  eled  and  choofe  Twelve  Freeholders  of  the  faid  PariHi,  to 
ferve  as  Veftrymen  of  the  fame  ;  which  Eledion  fhall  be  made  by  the  Sheriff" of  the 
faid  County  oi  Rowan,  under  the  like  Rules  and  Reflridions,  and  under  the  like 
Pains  and  Penalties,  as  other  Eiedions  of  Veflries  in  this  Province  are  by  Law  ap- 
pointed to  be  made  •,  and  the  Twelve  Freeholders  fo  eleded,  within  Forty  Days 
after  being  fo,  fhall,  inftead  of  the  Oaths  appointed  for  the  Qiialification  of  Public 
Officers,  make  a  Declaration  of  thtr  fame,  according  to  the  Form  of  the  Ad  of 
Parliament,  intituled.  An  Acf  for  encouraging  the  People  known  by  the  Name  c/ Unitas 
Fratrum,  or  United  Brethren,  to  fettle  in  his  Majejifs  Colonies  in  America,    and  fub- 

fcribe 


T-  -l-a  Veftry. 


176  LAWS    of    North-Carolina. 

A.  D.  1755.  fcribe  the  Declaration  by  Law  appointed  to  be  fubfcribed  by  Veftrymcn  •,  and  from 
'^"~\r~  -^  thenceforth  fhall  be,  and  are  hereby  declared  to  be,  the  Veftry  of  the  faid  Parifh  of 
Vobbs-j  and  Ihall  and  may,  and  are  hereby  required,  to  exercife  and  uie  the  farre 
Powers  and  Authorities  as  any  other  Veftries  in  this  Province  can,  may,  or 
ought  to  exercife,  ufe,  or  enjoy,  and  fhall  be  liable  to  the  fame  Penalties  and 
forfeitures  as  other  Veftries,  or  Perfons  eledled  Veftrymcn,  are  in  any  Manner 
liable  and  fubjed:  to  -,  and  the  faid  Veftry,  when  qualified  as  aforefaid,  fliall  choofe 
Two  Churchwardens  for  the  faid  Parifli  the  enfuing  Year,  who  fliall  and  may  con- 
tinue in  Office  One  Year,  and  no  longer,  at  which  Time  the  faid  Veftry  ftiall  choofe 
other  Churchwardens. 

CHAP.    XIV. 

provided  for  by   Alt  A^  fov  lading  out  a  Road  from  Orange  County  Court-Houfe  to  a  Landing  en  the 
the  Ro,d  Afl.  -^^^^jj  i^gji  fjj  Qape  Fear  River. 

S  I  G  N  E  D    by 

Arthur  Dobbs,  Efq;  Governor, 
Matthew  Rowan,  Prefident. 
John  Campbell,  Speaker, 


<*>    <(*>    <*>    ^*>    <(*>    <(*> 

<(*}»      -!(*>      •if*)'      <(*)•      <(*}» 

'{*)'      <(*>      -!(*>      <(*}> 

<l(*>      ii(*>      <(*> 


ANNO 


LAWS    of    North-Carolina.  1 77 

J.  D.    1756. 

ANNO     REGNI 

G    E    O    R     G     I     I      II. 

REGIS 

MAGNiE  BRITANNIA,  FRANCIS,  &   HIBERNIyE, 

T  R  I  C  E  S  S  I  M  O. 


At  a  General  ASSEMBLY,    began  and   held  at  Neijobern,    on  the   ARTHUR 

DOBBS.Efcj; 

Twelfth  Day  of  December,    in  the  Year  of  our  Lord  One  Thoufand   G°^""°''- 
Seven  Hundred  and  Fifty  Four  j  and  from  thence  continued,  by  feveral 
Prorogations,    to  the  Thirtieth  Day  of  September,    in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Fifty  Six ;    Being  the  Third 
SefHoii  of  this  AfTembly. 


CHAP.     I. 

An  A^  for  granting  to  his  Majefiy  an  Aid  of  Three  Thoufand  Four  Hundred  Pounds,  to  This  Aa  had  its 

defray  the  Ex  pence  of  erecting  a  Fort,  raifing  and  paying  two  Companies,  for  the  De~  '^^'■^' 
fence  of  the  Wejtern  Frontier  of  this  Province. 

CHAP.  2.  An  A51  for  the  better  Regulation  of  the  Militia,  and  mher  Purpcfes.  EXP. 

3.  An  Act  to  amend  an  Act  for  ejlablijhing  the  Supreme  Courts  of  Jujlice,  Pm*''''^''  fo"-  *>y 

Oyer  and  Terminer,  and  General  Gaol  Delivery,  of  North  Carolina,  ^^^f "?"'"  ^"* 


CHAP.     IV. 

An  Act  for  afcertaining  the  Method  of  proving  Book  Debts, 

I-  TTTHEREAS  Doubts  have  arifen  upon  Conftruftion  of  the  Law  now  ia   P«apib)« 

V  V     Force,  prcfgribing  the  Manner  of  proving  Book  Debts  :  For  Prevention 
whereof  for  the  future, 

Z  II.  BE 


178 


L  A  l^y  S    of    North-Carolina. 


J.  D. 

Manner  of  prov- 
ing  Book  D.bts. 


II  BE  it  EnaHed,  by  the  Governor,  Council,  and  JJfembly,  and  by  the  Authority 
of  the  fame.  That  in  any  Adion  of  Debt,  or  upon  the  Cale,  which  hath  been,  or 
fhall  be  brou'jht,  where  the  Plaintiff  hath  declared,  or  Ihall  declare,  upon  an  Euijfit, 
Indebitatus  Mumpfit,  ku^ntum  Valebant,  or  e^Mntmn  Meriiit,  for  Goods,  Wares, 
and  Merchandizes,  by  him  fold  and  delivered,  or  tor  Work  done  and  performed, 
fhall  file  his  Account  with  his  Declaration  ;  and  upon  the  Trial  of  the  lUue,  or 
executinc^  a  Writ  of  Enquiry  of  Damages  in  fuch  Aaion,  {hall  declare  upon  his 
corporal°Oath  or  folemn  Affirmation  (as  the  Cafe  may  be)  that  the  Matter  in 
Difpute  is  a  Book  Account,  and  that  he  hath  no  Means  to  prove  the  Delivery  of 
fvich  Articles  as  he  Iball  then  propoie  to  prove  by  his  own  Oath,  or  any  of  them, 
but  by  his  Book  ;  and  in  that  Cale,  iuch  Book  Ihali  and  may  be  given  in  Evidence, 
if  he  fhall  make  out,  by  his  own  Oath  or  Affirmation,  that  iuch  Book  doth  contain 
a  true  Account  of  all  the  Dealings,  or  the  laft  Settlement  of  Accounts  between 
them  and  that  all  the  Articles  therein  contained,  and  by  him  fo  proved,  were  Oona 
fide  delivered  and  that  he  hath  given  the  Defendant  all  jufl  Credits ;  and  Iuch 
Bocik"^  and  Oath  6r  Affirmation,  lliall  be  admitted  and  received  as  good  Evidence 
in  any  Court  of  Law,  lor  the  ieveral  Articles  fo  proved  to  be  delivered  within  Two 
Years  belx)re  the  laid  Aftion  brought,  but  not  tor  any  Article  of  a  longer  flanding  : 
And  where  the  Perion  who  delivci  ca  Iuch  Goods,  'Wares,  or  Merchandizes,  or 
performed  fuch  Work  and  Labour,  ihuii  die,  his  Executors  or  Adminiflratcrs  may 
give  his  Book  in  Evidence,  upon  his  or  their  making  Oath,  or  AffiMnation,  that 
they  verily  believe  the  Account  as  there  charged  is  jutt  and  true,  and  that  there  are 
no  Witneffes  to  his  or  tlieir  Knowledge,  capable  of  proving^the  Delivery  of  the  fe- 
veral  Articles  as  he  fhall  propoie  to  prove  by  the  laid  Book,  and  Oath  or  Affirma- 
tion and  that  he  found  the  Book  fo  ftated,  and  doth  not  know  of  any  other  or  fur- 
ther'Credit  to  be  given  than  what  is  there  mentioned  ;  and  Iuch  Book,  and  Oath  or 
Affirmation,  ffiairbe  admitted  and  received  as  Evidence  for  any  Articles  delivered 
within  the  Time  aforelaid. 

in.  BUT  whereas  it  may  be  inconvenient  and  hazardous,  by  Reafon  of  bad 
Weather  and  Accidents,  to  carry  Books  of  Accounts  great  Diftanccs  to  Court, 
when  a  Copy  of  the  Account,  proved  in  the  fame  Manner  as  by  this  Law  the  Book 
is  to  be  proved,  may  fatisfy  the  Defendant  as  fully,  Be  it  therefore  Enacted,  by  the 
Authority  aforefaid.  That  a  Copy  from  the  Book  of  Accounts,  proved  in  Manner 
herein  before  direded,  flaall  and  may  be  given m  Evidence  in  any  fuch  Action  as 
aforefaid,  and  fhall  be  as  available  as  if  fuch  Book  had  been  produced,  unlefs  the 
Defendant,  or  his  Attorney,  Ihall  give  Notice  to  the  Plaintiff,  or  his  Attorney,  at 
the  joining  of  the  Iffue,  that  he  will  require  the  Book  to  be  produced  at  Trial  •,  and 
in  that  Cafe,  no  fuch  Copy  fhall  be  admitted,  or  receiyea  as  Evidence. 

D^fendant m,y  IV      PROFIT)  ED  Mverthelefs,    That  the  Defendant  fliall  be  at  Liberty  tp 

conr.ft  the  Plain-  ^^^^^^  ^.j^^  Hklntiff's  Evldcnce,  and  oppofe  the  fame  by  other  legal  Evidence  ;  and 
rnd'E.«u.or";  where  the  Defendant  (hall  be  an  Executor  or  Adminiflrator,  his  Teflator,  or  In- 
BlI'rfo^To^.  teftate's  Book,  fhall  and  may  be  given  in  Evidence  againft  the  Plamtifl 's  Book, 
gainft  each  ether.  ^\,q^q  the  Plaintiff  is  an  Executor  or  Adminiftrator,  ior  fuch  Articles  as  fhafl  be 
proved  in  Manner  aforefaid. 

H,  B,ok  D^i,t  to  V.     PROVIDED  alfo.  That  no  Book  of  Accounts  although  the  fame  may 

b.  pr„vcd  tor   .  ^       Qypj  by  Witnefs  or  Witneffes,  fliall  be  admitted  or  received  as  Evidence  in 

TZ^"^::;.  any  Aaion  for  Goods,    Wares,    or  Merchandizes  delivered     or  for  Work  done, 

countryTorBo'o)!  above  Fivc  Years  before  the  faid  Aftion  brought;  except  m  Cafe  of  P^f^^ons^  being 

figned. 


Cnpy  of  Accounts 
nijy  be  prov"d,  if 
aareed  to  by  the 
Defendant. 


Articles  of  above 
30 1,  not  to  be 
proved  by  Biok, 
and  Oath  of  the 
P.rty. 


out  of  the  Government,  or  where  the  Account  fhall  be  fettled  and  figned  by  the 
Parties, 

VI.  PROVIDED  neverthelefs.  That  no  Plaintiff  fhall  be  at  Liberty  to  prove 
by  his  Book,  and  Oath  or  Affirmation  as  aforefaid,  on  the  Trial  of  any  iuch  Adtion 
as  afore-mentioned,  any  Article  or  Articles,  the  Amount  whereof  fhall  exceed  the 
Sum  of  Thirty  Pounds,  Proclamation  Money.  ^^^ 


L  A  IV  S    of    North-Carolina. 


'79 


In  Suitt 
Iv  ihi- 
D  hr  t.. 
iiiioihi.r. 


:  4n  ught 
Ai\.  one 
£.0  dgaiiift 


VII.  AND  tor  preventing  a  Multiplicity  of  Law-Suits,  Be  it  further  Ena£fed,  A.  D.  1756 
by  the  Authcrity  aforefaid.  That  in  all  Cafes  where  there  are,  or  Ihail  be  mutual 
Debts  lubfiiting  between  the  Plaintiff  and  Defendant,  or  if  either  Party  ilie,  or  be 
fued,  as  Executor  or  Adminiibator,  where  there  are  mutual  Debts  fubfifting  between 
the  Tellator  or  Inteftate,  and  either  Party,  one  Debt  may  be  fet  againft  the  other, 
either  by  being  pleaded  in  Bar,    or  given  in  Evidence,    on  the  General  Iffue,    on 

Notice  given  of  the  particular  Sum  intended  to  be  fet  off,  and  on  what  Account 
the  fame  is  due,  notwithifanding  fuch  Debts  fliall  or  may  be  deemed  in  Law  to  be 
of  a  different  Nature;  but  if  either  Debt  arofe  by  Realbn  of  a  Penalty,  the  Sum 
intended  to  be  fet  off  fliall  be  pleaded  in  Bar,  fetting  forth  what  is  juilly  due  on 
either  Side ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  in  any  wife,  notwith- 
ilanding. 

VIII.  AND  he  it  further  Em^ed,   hy  the  Authority  aforefaid.    That  one  x\i5t    RfpeaiingCiaufe. 
of  Aflembly  made  in  the  Thirteenth  Year  of  his  prefent  Majtlty's  Reian,  intituled 

An  A:!  prefcribin^  the  Method  of  proving  Book  Bebts^  fliall  be,  and  is  hereby  repealed. 


CHAP.     V. 


An  A:l  for  the  Punijljmcnt  of  Mutiny  and  Tefertion^    and  preventing  the  h arbour i^i^  and 
entertaining  of  defer  ted  Soldiers.      E  X  P. 


CHAP.     VI. 

An  An  for  the  Relief  of  fuch  Perfons  as  have  fffcred,  or  may  f>ffer,  by  not  havin<r  had 
their  Deeds  an  I  mejne  Con-eyances  proved  and  rejfered  within  the  Time  heretofore 
appointed  for  fuch  Purpojes^  and  to  prevent  Difputes  and  Law-Suits  concerning  Lands. 

I.  1  ^  r  H  E  R  E  A  S  from  the  Difficulty  of  convening  Witnefl"es  to  Deeds  and 
VY  mefne  Conveyances  before  the  Chief  Juftice,  or  before  the  Court  oi  any 
Couiity  wherein  the  Lands  by  the  fame  granted  lie,  many  of  them  have  not  been 
proved  nor  regiLlered  v/ithin  the  Time  heretofore  appointed  by  Law  for  that  Purpofe, 
which  may  occuuon  litigious  Law-Suits,  and  the  Eftates  of  fair  and  honeft  Purcha- 
fers  thereby  be  drawn  in  Question :  For  Remedy  Vv'hereof, 

II.  BE  it  Ena^ed,  by  the  Governor,  Council,  and  A/embly,  and  by  the  Authority 
of  the  fa.ne.  That  ail  Deeds  and  mefne  Conveyances  of  Lands,  Tenements,  and 
Hereditaments,  not  already  regifl:cred,  acknowledged,  or  proved,  fliall  and  may, 
v/ithin  Eighteen  Months  after  the  pafiing  of  this  Att,  be  acknowledged  by  the 
Grantors,  their  Agents  or  Attornies,  or  proved  by  One  or  more  of  the  lublcribing 
Witnelfes  to  the  fame,  and  tendered  and  delivered  to  the  Regiflrers  of  the  Counties 
wherein  fuch  Lands,  Tenements,  and  Hereditaments,  reJpe^tivcly  lie;  and  all 
Deeds  and  mefne  Conveyances  of  Lands,  Tenements,  and  Hereditaments,  hereafter 
to  be  made,  fliall  and  may,  at  any  Time  within  Two  Years  from  the  refpedive 
Dates  thereof,  be  acknowledged,  or  proved  in  Manner  aforefaid,  and  delivered  to 
the  Regifliers  of  the  Counties  wherein  they  are  rtfpeftively  fltuated. 

III.  AND  he  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  all  Deeds  and 
mefne  Conveyances  whatfoever,  which  fliall  be  acknowledged  or  proved,  according 
to  the  Diredions  of  this  Acl,  and  alfo  all  fuch  as  have  been  heretofore  recorded  by 
the  Clerk,  or  regilfered  by  the  Regifl:er  of  any  Precinft  or  County  wherein  the 
Lands  or  Tenem>ents  mentioned  in  the  fame  lie,  though  not  within  One  Year  after 
the  Date  of  the  refpedive  Conveyances,  fliall  be  good  and  valid  in  Law,  and  fliall 
enure  and  take  Effeft,  as  fully  and  effectually,  to  the  Ufe  and  Beiioof  of  the  Gran- 
tees, their  Heirs  and  AlTigns,  and  thofe  claiming  under  them,  as  if  fuch  Deeds  and 
Conveyances  were  acknowledged,  or  proved  and  regifl:ered,  agreeable  to  the  Direc- 
tion of  any  Ad  of  AilembJy  heretofore  made ;    and  the  P.egiftry,  or  Copy  of  the 

Z  2  Record 


See  Afl  rafffd 
N  V.  1760,     Ch. 
6     for   arritnding 
this  Aa, 


Preamble, 


Further  Timf  al- 
Icwerf  for  prfivmg 
D.eds  and  Con- 
rfyances. 


All  fuch  as  fliall 
be  prcived  agrcea- 
hle  to  this  Afl, 
declared  gdod,  St 
C'<  pies  of  the  Re- 
giliry  mny  be  gi- 
ven in  Evidence. 


i8o  L  A  py  S     0/    North-Carolina. 


A.  D.   ijs6.    Record  of  any  Deed  or  Conveyance,  regiftercd  or  recorded  as  mentioned  in  this  A61, 

*>-^v~ — '     and  attefted  by  the  Regillcr  or  Clerk,    lliall  and  may,    where  the  original  Deed  or 

Conveyance  is  loft,    be  given  in  Evidence  in  any  Court  of  Record,  and  ihall  be 

held,    and  is   hereby  declared   to  be  full  and  lufficient  Evidence  of  luch  Deed  or 

Conveyance ;  any  Law,  Statute,  or  Ufage,  to  the  contrary,  notwithllanding. 

Evidence  toD.-eds  jy^  J  f{ B  be  it  furthcr  Enacted,  by  the  Authority  aforefa'.d.  That  the  Grantee 
e?CV°vT"th=  or  Grantees,  in  any  Deed  heretofore  made,  or  hereafter  to  be  made,  fliall  and  may^ 
lime,  &  Manner  ^^  j^j^  ^^^  Expence,  on  Motion  to  the  County  Court  wherein  the  Land  by  the  fame 
ot  umnwn.ns.  ^j.^j^j.g^-j  ^|^5^  obtain  a  Summon  for  any  one  or  more  of  the  fubfcribing  WitnefTes  to 
Tiich  Deed,  which  fliall  be  figned  by  the  Clerk,  and  diredfed  to  the  Sheriff,  com- 
mandino-  him  to  fummon  luch  Witnefs  to  appear  at  the  next  County  Court,  and 
give  his^Evidence  concerning  the  Execution  of  luch  Deed,  under  the  Penalty  of 
Twenty  Pounds  :  And  the  Sheriff  fhall,  and  is  hereby  required  to  execute  the  fame, 
at  leaft  Five  Days  before  the  Court  to  which  the  fame  is  returnable,  and  make  due 
Return  thereof-,  for  which  Summon,  Service,  and  Return,  the  Clerk  and  Sheriff 
(hall  be  paid  the  iame  Fees  as  are  allowed  on  ilTuing,  ferving,  and  returning.  Sub- 
poenas in  Actions  -,  and  if  any  Witnefs  to  a  Deed,  lo  fummoned,  fliall  fail  to  appear 
on  the  Return  of  luch  Summons,  the  Court  fliall  give  Judgment  againfl;  him  for 
the  Penalty  aforefaid,  for  which  Execution  may  be  taken  our,  either  againfl  his 
Body  or  Goods,  by  him  or  them  at  whofe  Inftance  he  fliall  be  fummoned,  unlefs  he 
fhew  fuflicicnt  Caule  to  the  next  fucceeding  Court  for  not  having  appeared  to  give 
his  Evidence. 

Pen.  on  Regifler  V.  A  N  B  be  it  EnaHcd,  by  the  Authority  c.fcrefaid.  That  every  Regifl:er  who  fliall 
"i'Deeds'""  negledl  or  delay  to  regifter  any  Deed  or  Conveyance  within  Two  Months  after  the 
^'  "  "  '*  fame  fliall  be  delivered  to  him,  luch  Regifler,  for  eacii  and  every  Two  Months  he 
fliall  fo  negleft  or  delay,  fliall  forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Procla- 
mation Money  ;  one  Half  to  the  Churchwardens,  for  the  Ufe  of  the  Parifli  wherein 
he  fliall  refide,  and  the  other  Half  to  him  or  them  who  will  fue  for  the  fame ;  to 
be  recovered  by  Adion  of  Debt,  with  Cofts. 

viiidity  of  Pa.  VI.  AND  v/hereas  th^  Validity  of  feveral  Patents,  granted  by  the  Deputies  of 
Lo'l.wetr''/  the  late  Lords  Proprietors,  has  been  queftioned,  on  Suppofltion  that  their  Power 
decided' g.,od.'  '  had  been  determined  before  the  Arrival  of  a  Governor  in  this  Province,  appointed 
by  his  Majefty  :  Wherefore,  to  fecure  the  Poflefllons  of  fuchas  com.plied  with  the 
Forms  of  Government,  then  ufed,  in  taking  out  Patents,  Be  it  Enabled,  by  the 
Authority  aforefaid.  That  all  Patents  made  and  ifl'ued  by  the  Deputies  of  the  late 
Lords  Proprietors,  at  any  Time  whilft  they  had  the  Adminiftration  of  the  Govern- 
ment of  this  Province,  until  the  Revocation  or  Determination  of  their  Power  to 
grant  Lands,  was  publicly  fignified  and  made  known  by  fome  Public  AGt  of  Govern- 
ment, fliall,  and  are  hereby  declared  to  be  good  and  available  in  Law,  and  fliall 
enure'  and  take  Effeft,  as  fully  and  abfolutely,  to  the  Benefit  and  Advantage  of  all 
Perfons  in  PoflTcffion  of  any  Lands  granted  thereby,  and  to  their  Heirs  and  Afllgns, 
as  if  their  Power  to  n^ake  and  iffue  fuch  Patents  had,  at  the  Time  of  making  and 
ifiTuing  the  fame,  been  in  no-wife  revoked  or  determined,  except  fuch  as  have  been 
by  the  Patentees  at  any  Time  refigned  or  furrendered  •,  which  Patents,  fo  refigned 
or  furrendered,  fliall  receive  no  additional  Validity  hereby,  and  fliall  be  of  no  more 
Force  or  Efficacy,  than  they  would  have  been  before  the  pafling  this  Aft ;  any 
Thing  herein,  to  the  contrary,  notwithfl:anding. 


Repealed    hy  the  CHAP.        VII. 

\%%l.  9^^'    Jn  AU  to  amend  an  Aa,  intituled.  An  A£l  to  refrain  the  Exportation  of  bad  and  un- 
merchantable Tobacco,    and  for  pre-venting  Frauds  in  his  Majeffs  Cvftoms. 


CHAP.     VIII. 

This  Aa  had  itj     y,.,  jf,  /v,^  //jv.'mo-  n  <T nv  fnr  YfiDrArin'T  the  Cot'.rt-Houfe  in  Edenton.  CHAP' 


An  A^  for  hying  a  Tax  for  repairing  the  Court-Honfe  in  Edenton. 


LAWS       ^       N  O  R  T  H  -  C  A  R  O  L  i  N  A.  |  B  j 


CHAP.     IX.  J.  D.   1756. 

An  A^  for  re-ejlablijking  feveral  Counties  and  Towns,  and  for  other  Purpofes. 

I.   TT  THERE  AS  his  Majcfty,  by  his  Orders  in  his  Privy  Council,  dated  the    P«amb!e. 

y  Y  Eighth  Day  of  April,  One  Thoufand  Seven  Hundred  and  Fifty  Four» 
did  repeal,  declare  void,  and  of  none  Efieft,  Twelve  Afts,  palled  at  lundry  Times 
in  this  Province  ;  which  Acts  are  intituled,  as  follows,  wz. 


'  An  Act  appointing  that  Part  oi  Albemarle  County,  lying  on  the  Weft  Side  of  ^'''*'V 
Chowan  River,  to  be  a  Precinct,  by  the  Name  of  Bertie  Precinct.'  PafTed  in  the  ''''"  "^ 
Year  1722. 

'  An  Act  for  incorporating  the  Sea  Port  of  Beaufort,  in  Carteret  Precinft,  into  a 
Townfhip,  by  the  Name  oi  Beaufort.''     Palled  in  the  Year  1723. 

'  An  A6t  to  appoint  that  Part  of  Albemarle  County,  lying  on  the  South  Side  of 
Albemarle  Sound  and  Morattuck  River,  as  high  as  the  Rainbow  Banks,  to  be  a  Pre- 
cindt,  by  the  Name  of  Tyrrell  Precinft.'     PalTed  in  the  Year  1729. 

'  An  A6t  to  eftablifh  the  Precindts  of  Onflow  and  Bladen,  and  for  appointing 
them  diftind  Precindts.'     PalTed  in  the  Year  1734. 

'  An  Act  for  eredting  the  Village  called  Newton,  in  New  Hanover  County,  into 
a  Town  and  Tov^'nll-iip,  by  the  Name  ol  IViliiington,  and  regulating  and  afcertainino- 
the  Bounds  thereof.'     Palled  in  the  Year  1739. 

'  An  Ad  for  confirming  Titles  to  the  Town  Lands  of  Edenton,  for  fecurino-  the 
Privileges  heretofore  granted  to  the  faid  Town,  and  tor  the  further  Encouragement 
and  better  Regulation  thereof.'     Palfed  in  the  Year  1740. 

'  An  Act  to  confirm  and  ered  that  Part  of  the  Pr>^vince  called  Edgcomb  County 
into  a  County,  by  the  Name  of  Edgcomb  County,  and  for  eftabiifhing  the  faid 
County  a  Parifh,  and  for  afcertaining  the  Boundary  Line  between  the  North  Weft 
and  Society  PariPncs,  in  Bertie  County.'     Paffed  in  the  Year  1741. 

*  An  Ad  for  creding  the  upper  Part  o{  Bertie  County  into  a  County,  by  the 
Name  of  Northam-ton  County,  and  for  regulating  the  Limits  between  Society  Parifh 
and  the  North  Weft  Parifla  of  Bertie,  and  for  removing  the  Seat  of  Bertie  County 
Court.'     PalTed  in  the  Year  1741. 

*  An  Ad  for  ereding  the  upper  Part  of  Craven  County  into  a  County  and  Parilh, 
and  for  appointing  a  Place  for  building  a  Court-Houfe,  Prifon,  and  Stocks,  in  the 
fai  J  Councy.'     PaiTed  in  the  Year  1746. 

'  An  Ad  for  dividing  Edgcomb  County  and  Precind,  and  for  ereding  the  upper 
Part  thereof  into  a  County  and  Parifh,  by  the  Name  oi  Granville  County,  and  St. 
Johr^^  Parifh,  and  for  appointing  Veftrymen  of  the  faid  I'arilh.'  PafTed  in  the 
Year  1746. 

'  An  Ad  for  ereding  the  upper  Part  of  New  Hanover  County  into  a  County  and 
Parifli,  by  the  Name  oi  Duplin  County,  and  St.  Gabriel's  Parilh,  and  for  appointing 
a  iMace  for  building  a  Court-Houfe,  Prifon,  and  Stocks,  in  the  faid  County.' 
PafTed  in  the  Year  1749. 

'  An  Act  for  erecting  the  upper  Part  of  Bladen  County  into  a  County  and  Parifh, 
by  the  Name  of  Anfon  County,  and  5/.  George's  Parifh,  and  for  appointing  a  Place 
for  building  a  Court-Houfe,  Pnlbn,  and  Stocks,  in  the  faid  County.'  PalTed  m 
the  Year  1 749. 


of  Aa% 


and  Tiiwns  rs-el- 

Cablilhcd. 


II.  AND  whereas  his  Majefty,  taking  into  his  Royal  Confideration  the  humble  Several  c  umies 
Repref.^ntation  of  the  AfTembly  of  this  Province,  letting  forth  that  many  Inconve- 
niences, with  Refped  to  the  future  Settlement  of  this  Province,  might  arife  from 
the  Repeal  of  the  faid  Ads ;  his  Majelty  has  been  gracioufly  pleafed,  by  an  In- 
fcrudion  from  their  Excellencies  the  Lords  Juftices  to  the  Governor  of  this  Province, 
dated  the  Firft  Day  of  July,  One  Thoufand  Seven  Hundred  and  Fifty  Five,  to 
authorize  and  dired  the  (aid  Governor  to  give  his  AfTcnt  to  any  Ads  which  fhall  be 
pafTed  by  the  Council  and  AfTembly  of  this  Province,  for  re-eftablifhing  the  feveral 
Towns,  Precinds,  and  Counties,  heretofore  ereded  by  the  Twelve  Ads  which 
have  been  repealed  as  aforefuid,  and  for  confirming  the  Rights  of  the  People,  as  by 

the 


i32  LAWS    of    Nokth-Carolina. 


A.  D.  1756.  the  laid  Ads  they  were  eftablifhed,  under  certain  Provifions  and  RcfVridions  in  the 
laid  Orders  mentioned ;  Be  it  therefore  Enacted^  by  the  Gcverncr,  Council^  and  Jfcf/j- 
bly,  and  by  the  Authority  of  the  fame^  That  the  ieveral  Diviliuns,  Precinds  or  Dif- 
tnds  of  tn.is  Province,  which  have  herttoforc  btiongtd  to  the  k  veral  and  rcipeftive 
Counties  and  Towns  aforelaiJ,  before  the  Repeal  ot  the  before- recited  Ails  of  Af- 
fembly,  Ihall,  and  they  are  hereby  declared  to  be  re-cliabliflied  into  Counties  and 
Towns,  by  the  feveral  and  refpeftive  Names  by  which  each  Divifion,  Precin6V,  or 
Diftrid,  at  the  Time  ot  repealing  the  alorelaid  Ads,  was  known  and  denominated  •, 
and  each  of  the  faid  Counties  lliall  be  limited  and  bounded  according  to  the  Bounds 
and  Limits  heretofore  known  and  reputed  to  be  the  Bounds  and  Limits  thereof. 


R-,yaiPrerognt;v:  III.  PRO  FID  E  D  afwdys.  That  nothing  herein  contained  fliall  be  conftrucd, 
f,,r  in.orp'.rjting  dccmed,  or  taken,  to  alter  or  derogate  fro.n  the  Right  and  Royal  Prerogative  of  his 
Towni,  referved.  j^yj^j^j^^^  j^l^  Heirs  or  Succcffors,  of  granting  Letters  of  Incorporation  to  the  faid 
Counties  and  Towns  •,  of  ordering,  ap^.ointing,  and  direding  the  Eledion  of  a 
Member  or  Members,  to  reprefent  them  in  Allembly ;  and  of  granting  Markers 
and  Fairs  to  be  kept  and  held  in  them  refpectively  :  But  that  the  laid  Right  and 
Preroo-ative  fhall  and  may,  at  all  Times  hereafter,  be  exercifed  therein  by  his  laid 
Maj  tty,  his  Heirs  or  Succeflbrs,  in  as  full  and  ample  Manner,  to  all  Intents  and 
Purpofes  whatlbever,  as  if  this  Act  had  never  been  made. 

D=c.is  &  Convey-  IV.  AND  be  it  further  Enacfed^  That  all  Deeds  and  Conveyances  for  the  con- 
...ces  for  Land ,  ycyino-  of  any  Lands,  Lots,  or  Tenements,  in  either  of  the  Counncs  or  Tov/ns 
Z  T.;vns"a7,re"  aforclald,  to  any  Perfon  or  Perfons  whatfoever,  either  to  the  Ule  of  the  Public,  or 
hi,  deciated  ^.^  ^.j^^.j^.  ^^^^  ^jj-^^  j^^  Confcquencc  of  any  or  either  of  the  faid  Acts  of  Aflembly  lb 
^'"^  '  repealed  as  aforefaid,  Ihall,  and  are  hereby  declared  to  be  good  and  valid  in  Law  -, 

and  Ihal!  enure  and  take  Effect  as  fully,  to  the  Benefit  of  the  Grantees,  their  Heirs 
and  AlTigns,  and  all  others  concerned,  as  if  the  fame  Acts  had  never  been  repealed. 

n'ainin         ^-     A  N D  be  it  further  Enu^ed,  by  the  Authority  aforefaid.  That  the  Five  Acts 
c,",o;es*t"'b!"'"^    of  the  General  Aflembly  of  this  Province,  intituled,  as  follows,  'viz. 

his   Majcll/,    re- 

P"''^'  «  An  Act  for  dividing  Part  of  Granville,  fohnfion,  and  Bladen  Counties,  into  a 

County  and  Parilli,  by  the  Name  of  Orange  County,  and  the  Parifh  of  St.  Matthew, 
and  for  appointing  Veftrymen  for  the  faid  Parifh,  and  other  Purpofes  therein-men- 
tioned.'    PafiTed  in  the  Year  1752. 

*  An  Act  for  erecting  the  upper  Part  of  Anfcn  County  into  a  County  and  Parifh, 
by  the  Name  of  i<low^«  County,  and  St.  Luke''i  Parifh,  and  for  appointing  a  Place 
for  holding  a  Court  in  faid  County.'     PaflTed  in  the  Year  1753. 

'  An  Act  for  the  further  and  better  Regulation  of  the  Town  o^  JVilmington,  and 
for  repealing  the  feveral  Acts  therein-mentioned.'     Pafled  in  the  Year  1754. 

*  An  Act  for  granting  unto  the  Town  of  Brunfwick,  the  Privilege  of  choofing 
and  fending  a  Reprefentative  to  the  General  Aflembly.'      Paflied  in  the  Year  1754. 

'  An  Act  for  erecting  the  upper  Part  of  Bladen  County  into  a  County  and  Parifh, 
by  the  Name  of  Cumberland  County,  and  St.  David's  Pariili.'  Pafled  in  the  Year 
1754;  containing  certain  Claufes  forbid  by  his  Majefty's  faid  Orders,  dated  the 
Firlb  Day  of  July,  One  Thoufand  Seven  Hundred  and  Fifty  Five,  be,  and  are 
hereby  repealed,  and  from  henceforth  declared  void  and  of  none  Effect. 


CHAP.     X. 

Repealed  bjr  the    An  A'il  to  wMnd  ttH  Aff  for  impowefing  the  feveral  Commijfioners  therein  after  named, 
Ehefthtft.        to  make,  mend,  and  repair,  all  Roads,  Bridges,  Cuts,  and  fFater  Courfes,  already  laid 
out,  or  hereafter  to  be  laid  out,  in  the  feveral  Counties  and  Diftricis  therein-after  ap- 
pointed, in  fuch  Manner  as  they  judge  mofi  ufeful  to  the  Public,   and  other  Purpofes. 

V.  /t   N  D  whereas  Bladen  County  extends  down  the  North  Wefl:  River  of  Cape 
/\  Fear,  the  Diftance  of  Fifteen  Miles  below  the  upper  Bounds  ot  Ne-LV  Han- 
over County,  which  makes  it  very  inconvenient  for  the  Inhabitants  of  Bladen  County 

to 


L  A  IV  S    of    North-Carolina. 


183 


to  work  on  the  Public  Roads  in  that  Diftrict :  For  Remedy  whereof,  Be  it  Enacted, 
by  the  Authority  af ore/aid.  That  a  North  Eaft  Line  be  run  directly  Irom,  and  oppo- 
fice  the  Mouth  oi"  Le'vingftorC %  Creek,  to  Black  River,  then  down  the  faid  PJver  to 
the  Mouth  thereof,  and  then  up  the  Norih  I've}}  River  to  the  Moudi  of  the  faid 
Creek  -,  and  all  the  Lands  within  the  faid  Bounds  are  hereby  annexed  to  the  County 
of  Ne-J)  Hanover,  and  lliall  hereafter  be  deemed  and  held  to  be  within  the  Limits  of 
the  fame,  and  make  Part  of  the  North  Weil  Diftrict  of  New  Hanover  County ;  and 
the  Inhabitants  thereof  fubject  and  liable  to  fuch  Duties,  Taxes,  and  Impofitions, 
and  alfo  intitled  to  the  Rights,  Privileges,  and  Advantages,  as  the  other  Inhabitants 
of  the  laid  County  are. 


A.  D.   1756. 


C  PI  A  P.     XI. 


An  Act  for  efiahliMnv  Public  Roads  and  Ferries,   and  for  the  better  ReniJation  of  the    ^'''?''l  ''^  ^^' 

J  •'  ''         o  r  •       r  1  r>  ■  Koad  Act, 

tame  in  Icverat  LounticS. 


CHAP.     XII. 

An  Act  for  the  belter  Regulation  of  the  'Tcwn  <j/Newbern,  and  for  fecuring  the  Titles  of  See  AasNovem- 

Perlcns  11  ho  hold  Lots  in  the  faid  Tozvn.  \''  '''7v''*''^* 

J  J  10,    an.i  Novem- 

b  r  1760,   Chap. 

I.   T  T  r  H  E  R  E  A  S  the  Laws  heretofore  made  for  regulating  the  Town  of  New  '°-  "^  "'"''''■ 
bern,  have  been  f  jund  inconvenient :  For  Remedy  whereof. 


1771,  Ch.p.  17. 
f<  r  amencing  thij 
Aft. 


C  mm'flimers  to 
be  tlefted. 


II.  B  E  it_  Enabled,  by  the  Governor,  Council,  and  AJfembly,  and  by  the  Authority 
of  the  fame.  That  from  and  after  the  palling  of  this  Act,  it  Ihail  and  may  be  lawful 
for  the  Freeholders  of  the  faid  Town  to  meet  at  the  Court-Houle,  annually,  on  the 
Second  Tuejday  in  November,  and  then  and  there  to  choole  F"ivc  Freeholders  of  the 
faid  Town  to  be  Commiffioners  for  the  enluing  Year  ;  which  Election  of  Commif- 
fioners  fhall  be  by  the  Suffrage  of  the  Majority  of  tiie  Freeholciers  oi  the  laid  Town  ; 
and  that  upon  the  i'aid  CommifTioners  being  lo  cholen  and  elected,  and  their  Names 
entered  on  the  Journals  of  the  laid  Town,  they  fhall,  before  they  enter  upon  the 
Execution  of  their  Office,  take  the  following  Oath. 

I  A.  B.  dofzvear,    That  I  will  execute  the  Office  of  a  Commiffouer,  for  the  Town  of  Their  Oath. 
Newbern,  faithfully,    impartially,  and  truly,  without  Favour,  Affection,  or  Preju- 
dice ;  and  that  I  zvill,  to  the  utmojl  of  my  Power,  in  all  Takings,  act  for  the  Good  of  the 
faid  Towny  and  the  well  governing  of  it,  to  the  befl  of  iry  Skill  and  Judgment. 

SO  HELP  ME  GOD. 

Which  faid  CommifTioners,  after  they  have  been  fo  fworn,  fhall  proceed  to  choofe    Treafurer  to  be 
one  out  of  their  Number  to  be  Treafurer  of  the  faid  Tovv'n  ;  into  vvhofe  Hands  all    afpointtd. 
Monies  arifmg  by  the  Sale  of  Lots  in  the  faid  Town,  or  otherwiie  howfoever  arifing 
or  becoming  due  to  the  faid  Town,  fl:iall  be  paid,  and  there  kept  till  difpofed  of  as 
hereafter  direfted. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Trea-    To  give  Bond, 
furer,  before  he  enters  upon  the  Execution  of  his  faid  Office,  fliall  give  Bond,  with 

Two  fufficient  Securities,  in  the  Sum  of  Two  Hundred  Pounds,  Proclamation 
Money,  to  the  Commiffioners  of  the  laid  Town,  and  their  SuccefTors,  for  the  faith- 
ful Difcharge  of  his  faid  Office. 

IV.  AND  for  the  better  determining  who  fhall  be  qualified  to  be  elefted  as  Q,^mm\<^^<,i 
CommifTioners  of  the  f  ;id  Town  -,  Be  it  EnaSfed,  That  no  Perfon  fhall  be  deemed  Ctm,Ti.ffisneit. 
qualified  to  aft  as  a  CommilTioner  of  the  faid  Town  of  Newbern,  unlefs  he  hath  a 

Lot  of  Land  therein,  with  a  Houfe  on  the  fame,  of  not  lefs  Dimenfions  than 
Twenty  Four  Feet  long,  and  i6  Feet  wide,  with  a  Brick  Chimney  or  Chimnies  to 

the 


ig^  LAWS    o/'    North -Carolina. 


J.  D.   1756.    the  fume;    and  who  fhall  have  befides,  a  vifible  Eftate,    of  at  leafl  One  Hundred 
'^-""V"— i*     Pounds,  Proclamation  Money. 

Tax  to  be  laid        y      AND  whcrcas  by  the  Laws  heretofore  made  for  reeulatine  the  ("aid  Town, 

oil  the  male  Tjx-  -iir  1  •  10  1-  t  •    •  T>-J 

abiesof  th.Town    thc  Method  therein  prefcnbed  for  clearing  the  Streets,  making  and  repairing  bridges, 
lione^rs  t^nr^'i's    3"^  Public  Wharfs,  has  b.en  found  inconvenient-.    Be  it  Enacted,  by  the  Authority 
altered  by  Aft.    dforefaid.  That  the  CommilTioners  of  the  faid  Town,  together  with  the  Freeholders 
N^>v.  1757,  ch.    j.j^gj.gy^^,  ^^1]  ^gg^  ^j  jj^g  Court- Houfe  in  the  faid  Town  on   the  Third  Tuefday  in 
November  next  after  the  paffing  of  this  Act,  and  fo  yearly,  and  every  Year,  on  the 
liaid  Third  Tiicjday  in  November,  and  then  and  there,  by  the  Confent  of  the  Majority 
of  the  laid  CommifTioners  and  Freeholders  then  met,  lay  fuch  a  Tax  on  the  Inhabi- 
tants of  the  faid  Town,    as  fhall  be  fufficient  to  defray  the  Expence  of  clearing, 
makino-  and  repairing  the  Streets,  making  and  mending  Public  Wharfs  and  Bridges, 
and  for  doinp-  all  Public  Services  the  Inhabitants  of  the  faid  Town  are  now  fubject 
to  do  and  perform  ;    and  for  defraying  the  Expence  of  procuring  a  correct  Plan  of 
the  faid  Town,  and  for  all  other  necefiary  Expences  the  CommifTioners  may  be  at,  in 
building  a  Pound,  employing  a  Clerk,  or  appointing  Guards  or  Watches,  or  other 
Contincrencies  that  may  happen  •,  provided  the  faid  Tax  does  not  exceed  the  Sum  of 
T.xhowcoiia-    Ten  Shillings,   Proclamation  Money,  per  ?o\\i,    which  faid  Tax  fhall  be  collected 
"**  by  the  Sheriff  of  the  County  of  Craven,  and  paid  to  the  Treafurer  of  the  faid  Town, 

within  One  Month  after  the  fame  fhall  be  laid  ;  and  if  any  Perfon  fliall  withhold, 
and  not  pay  the  faid  Tax,  within  One  Month  after  the  fame  is  laid,  it  fhall  and  may 
be  lawful  for  the  iaid  Sherifl'  to  make  Diflrefs  and  Sale  of  the  Offender's  Goods  and 
Chattels,  in  the  fame  Manner  as  for  Non-Payment  of  other  Taxes,  and  to  take  and 
receive  for  his  Trouble  Two  Shillings  and  Eight  Pence,  Proclamation  Money. 

•town  i:;habi-  yj^     A  N D  be  it  further  Ena!!Jed,  by  the  Authority  aforefaid.  That  ^l^e  Inhabitants 

f'?m  working  on    of  thc  laid  Town  of  Newbern  fhall  be  for  ever  hereafter  excufed  from  working  on 
the  Ruu^s.  j.|^g  Streets  of  the  faid  Town,  or  from  working  on  the  Country  Public  Roads,  lo 

long  as  they  continue  to  live  in  the  faid  Town,  and  no  longer. 

T.pwn  L,jts  how        ^jj^     AND  whcrcas  the  Settlement  of  the  faid  Town  oi Newbern  hath  been 
trauuj.  much  retarded,    by  Perfons  taking  up  Lots  in  the  faid  Town,    and  not  building 

thereon,  as  by  the  Tenor  of  their  Deeds  or  Grants  is  provided  ;  and  whereas  after 
the  Time  limited  therein  for  improving  the  fame,  the  fame  Perfons  have  been  per- 
mitted to  enter  and  take  up  the  fame  again,  whereby  many  Lots  in  the  faid  Town 
lie  unimproved  :  For  Prevention  whereof,  Be  it  EnaHed,  by  the  Authority  aforefaid. 
That  tlie  CommifTioners  of  the  faid  Town,  for  the  Time  being,  or  any  Three  of 
them,  are  hereby  authorized,  impowered,  and  direded,  to  grant,  convey,  and  ac- 
knowledge, under  the  fame  Reftri'flions  and  Limitations  in  Deeds  given  for  Lots 
by  former  CommifTioners  of  the  faid  Town,  to  any  Perfon  requiring  the  fame,  and 
to  their  Heirs  and  AfUgns,  for  ever,  in  Fee-Simple,  any  Lot  or  Lots  of  Land 
' '  •■  within  the  faid  Town,    not  already  taken  up  and  built  on,    agreeable  to  the  Laws 

heretofore  made  for  regulating  the  faid  Town,  or  any  Lot  or  Lots  that  may  hereafter 
be  liable  to  be  taken  up  for  want  of  being  built  on  as  aforefaid,  he  or  they  paying 
for  each  Lot  Twenty  Shillings,  Proclamation  Money,  for  the  Purchafe  Money 
thereof,  to  and  for  the  Ufe  of  the  Proprietors  of  the  faid  Town. 

T:,bef.ved  VIII.     PROVIDED  nevertheless.    That  where  any  Perfon  or  Perfons  fhall 

wiihinis  Months    f^greafter  take  up  any  Lot  or  Lots  in  the  faid  Town,    and  fhall  not  build  thereon, 

»eaiB°to  tbe  uL    within  Eighteen  Months  from  the  Date  of  their  Conveyance,    a  good  habitable 

peif.m.  Brick,    Stone,    or  framed  Houfe,    of  not  lefs  Dimenfions  than  Sixteen  Feet  wide, 

and  Tv/enty  Four  Feet  long,  the  fame  Perfon  (except  where  the  Title  of  luch  Lot 

or  Lots,    before  the  Expiration  of  the  Time  for  building  thereon,    fhall  fall  to  a 

Minor  or  Minors)  fhall  not  be  allowed  to  take  up  the  fame  again,  until  the  faid  Lot 

or  Lots  hath  lain  vacant  Six  Months ;  but  the  fame  may  be  immediately,  or  at  any 

Time,  granted  to  any  other  Perfon  or  Perfons  defiring  the  fame,  on  the  Conditions 

Iierein-before-mentioned. 

IX.  AND 


L    A    IV  S      of      NoRTH-CAROLINAi 


185 


IX.  AND  whereas  fundry  Difputes  may  hereafter  arife  concerning  the  Titles 
to  Lots  in  the  faid  Town  ot  Newbern^  and  the  Bounds  thereof;  Be  it  Enacted,  by 
the  Authcrity  afonfaid.  That  the  Comnuffioners  or  Jultices,  formerly  appointed  by 
an  Act  of  Alfembiy  of  this  Province,  and  their  Succelfors,  are  hereby  declared  to 
have  had  a  good,  abfolutc,  indcfeafible  Eltate,  in  Fee,  in  the  Tvi^o  Hundred  and 
Fifty  Acres  of  Land,  laid  out  by  the  faid  Act,  for  tiie  laid  Town  of  Neivbern,  in 
Trult  and  Confidence,  to  and  for  the  Ules  in  the  faid  Ad  mentioned  ;  and  the 
Coaimiflioners  by  this  Adl  to  be  elcfted  and  choien,  arc  hereby  declared  to  have  a 
good,  abfolute,  and  indefeafible  Fllate,  m  F^ee,  in  all  fuch  Lots  within  the  faid 
Town,  which  have  not  been  difpoied  of  by  the  lonr.er  Commilfioners  or  Juftices, 
and  built  on  agreeable  to  Law,  in  Trull  and  Confidence,  to  and  for  the  Ules  in  this 
Act  mentioned  ;  and  the  faid  Two  Hundred  and  Fifty  Acres  of  Land,  laid  out  for 
the  Town  of  Newbern  as  aforefaid,  fliall  for  ever  hereafter  be  confirmed  to  the  faid 
Commiffiuners  for  the  Time  being,  in  Trull  and  Confidence,  to  and  for  the  Ufes 
in  this  A6t  mentioned.  And  all  and  every  Ferfon  and  Fenons  whatfoever,  who 
have  heretofore  purchafed  and  paid  for  any  Lot  or  Lots  in  the  faid  Town,  and 
have  fully  complied  with  the  Conditions  of  their  Deed  or  Grant,  or  who  may  here- 
after purchafe,  pay  for,  and  fully  comply  with  the  Conditions  of  their  Deed  or 
Grant,  are  hereby  declared  to  be  invelled  with  a  good,  abfolute,  and  indefeafible 
Eltate,  in  Fee,  to  fuch  Lot  or  Lots,  and  the  fame  are  hereby  confirmed,  in  Fee, 
to  fuch  Perfon  or  Pcrlbns,  and  to  his  and  their  Heirs  and  Afligns,  lor  ever. 

X.  AND  be  it  further  Ena^cd,  by  the  Authority  aforefaid^  That  all  Water  or 
Front  Lots  adjoining  the  Streets  or  Lots  of  the  faid  1  own  of  Newbern,  fliall  be 
deemed,  held,  and  raken  to  be  Fart  of  the  laid  Town  ;  and  it  (hall  and  may  be 
lawful  for  any  F^rfon  to  take  up  the  lame,  and  build  thereon  any  Wharf,  Store- 
Houfe,  or  other  improvement,  as  they  fhail  think  proper,  after  givino-  Three 
Months  Notice  in  Writing  to  the  Owner  or  Owners  of  luch  Lot  or  Lots  as  Ihall 
front  fuch  Water  Lots  :  And  where  any  of  the  faid  Water  or  Front  Lots  have  been 
heretofore  fold  and  conveyed  by  CiiUen  Pollock,  Ffq;  deceafed,  the  late  Proprietor 
of  the  faid  Town,  or  any  former  Comiiuffioncrs  of  the  faid  Town,  to  any  Perfon 
or  Perfons  whatfoever,  fuch  Sale  is  hereby  declared  to  be  good  and  available  in 
Law,  to  pafs  the  Fee-Simple  Ellate  of  fuch  Lot  or  Lots  to  fuch  Purchaler  or  Pur- 
chafers,  his  or  their  Heirs  and  Afligns,  for  ever;  and  fuch  Purchafer  or  Purcha- 
fers,  his  or  their  Heirs  and  Affigns,  are  hereby  declared  to  have  a  good,  abfolute, 
and  indefeafible  Eilate,  in  Fee,  in  and  to  the  fame. 

XL  AND  for  quieting  the  Inhabitants  of  the  faid  Town  in  the  Pofleflion  of 
their  Lots  within  the  lame.  Be  it  Enacted,  by  the  Authority  aforefaid.  That  where  a 
Certificate  Ihall  be  obtained  from  the  Commilfioners  of  the  faid  Town,  or  Oath 
made  in  the  County  Court  of  Craven,  by  one  credible  Witnefs,  that  any  Lot  or 
Lots  within  the  faid  Town  have  been  faved  according  to  the  Deed  or  Grant  for  the 
fame,  fuch  Certificate  or  Oath  fliall  be  deemed  good  Evidence  in  any  Court  within 
this  Province,  againft  any  other  fublequent  Deed  or  Deeds  that  fliall  or  may  be 
given  for  any  Lot  or  Lots  within  the  faid  Town ;  and  all  Courts  within  this  Pro- 
vince are  hereby  required  to  receive  fuch  Certificate  or  Oath  as  Evidence  accordingly. 

XII.  AND  be  it  further  EnaHed,-  by  the  Authority  aforefaid^,  That  the  Commif- 
fioners  of  the  faid  Town  fliall  choofe  a  proper  Perfon  to  be  Clerk  of  the  faid  Town, 
who  fliall,  before  he  enters  upon  the  Execution  of  his  Office,  give  Bond  to  the 
Commilfioners  of  the  faid  Town,  with  Two  good  and  fufficient  Sureties,  in  the 
Sum  of  One  Hundred  Pounds,  for  the  due  Execution  of  his  Ofiice  ;  which  Clerk 
fliall  keep  a  regular  and  fair  Journal  of  all  the  Proceedings  of  the  Commiflloners  of 
the  faid  Town,  and  regifl:cr  therein  all  Deeds  given  by  the  Commiflioners  for  Lots 
in  the  faid  Town,  with  the  Time  when  they  were  granted,  and  to  whom,  and  alfo 
of  the  Time  when  the  fame  became  lapfable,  if  lufFered  to  become  fo ;  to  which 
Book  all  Perfons  fhall  have  free  Acccls,  on  paying  One  Shilling,  Proclamation 
Money,  on  Penalty  of  Twenty  Shillings  like  Money  lor  every  Rcfufal ;  to  be  re- 
covered as  herein  after  directed  :  And  the  faid  Commiflioners  are  hereby  impowered 

A  a  and 


yl.  D.    1756. 

Tuwn   Lets  eta- 
fiiTDfd  tM  the 
Ccinniifliionftrs, 
in  Tmli,   for  the 


Water  Lots  de- 
clared Part  of  the 
Tiivvn,  and  cun- 
fiimrd  to  thePuti 
iharcrs. 


Certificates  of 
Lnts  being  faved, 
a  good  Title. 


T.nvn   Clerk   ta 
be  cbsfcn. 


His  Dut}. 


J 86  L  A  IV  S    of    North-Carolina. 


A.  D.   1756.    and  required  to  caufe  the  Streets  and  Paflages  of  the  faid  Town  to  be  laid  out,  be- 

<>— '■v^— ^     ginning  at  the  South  Weft  Corner  of  the  Church  Lots,  and  good  fubftantial  Tofts 

kyouTSown"    to  be  fet  up  at  the  Corner  of  every  Square  of  Lots  in  the  faid  Town  j  and  alfo  to 

and  make  a  Plan,    ^-^ufe  a  ttuc  and  exaft  Plan  of  the  faid  Town  to  be  made,  with  proper  Delcripuons, 

b"  ^77 1,  chrp'    and  lay  the  fame  before  the  next  Seffion  of  Aflembly,  and  if  by  them  approved  of, 

17'  to  be  for  ever  hereafter  deemed  the  true  Plan  oi  the  faid  Town.     Proztded,  That 

in  fuch  Plan  Regard  be  had  to  the  firll  Owner  of  every  faved  Lot,  to  preferve  his 

Title  thereto,  although  it  ftiould  appear  to  be  mifnumbcred. 

Town  to  be  XIII.     AND  whereas  the  Fence  lately  erefted  around  the  faid  Town  is,    by 

fenced.  Reafon  of  its  being  done  with  Rails  only,    gone  greatly  to  decay,    the  Rails  being 

many  of  them  rotten  ;  and  whereas  it  will  be  commodious  for  the  Inhabitants  of  the 
faid  Town  that  the  faid  Fence  be  kept  in  good  Repair,  Be  it  Enatlcd,  by  the  Authority 
aforefaid.  That  the  faid  Commiilioners  and  Freeholders,  at  the  Time  they  lay  the 
Tax  on  the  Inhabitants  of  the  faid  Town,  for  clearing  the  Streets  thereof,  Ihall, 
and  they  are  hereby  impowered  and  required,  to  lay  fuch  other  Tax  on  the  Ov/ner 
or  Owners  of  every  laved  Lot  or  Lots  within  the  faid  Town,  as  (hall  be  fufficient  to 
fence  the  faid  Town  with  Pofts  and  Rails,  and  to  keep  the  fame  in  continual  Repair; 
provided  that  fuch  Tax  does  not  exceed  One  shilling.  Proclamation  Money,  in  any 
one  Year :  And  the  faid  Commiflioners  are  hereby  alfo  impowered  and  required  to 
employ  a  proper  Perfon  annually  to  keep  the  faid  Fence  in  Repair,  and  alio  to  dif- 
pofe  and  make  Sale  of  the  remaining  Rails  now  to  be  found  belonging  to  the  faid 
Fence,  for  the  beft  Price  that  can  be  got  for  the  fame,  and  to  apply  the  Money  to 
the  common  Stock  of  the  faid  Town  -,  which  faid  Tax  (hall  be  collefted  and  paid 
in  the  fame  Manner  of  the  Tax  laid  on  the  Inhabitants  for  clearing  the  Streets  of 
the  faid  Town. 

Pen.  for  dfrfioy.  XIV.  A  N  D  he  it  further  Ena5!ed^  hy  the  Authority  aforefaid^  That  if  any  Perfon 
ing  the  fen.e.  ^^^j  wilfully  puU  down,  take  away,  or  by  any  Means  ueftroy  the  Rails  of  the  faid 
Fence,  or  fhall  wilfully  unhang,  leave  open,  or  otherwife  injure  the  Gates  of  the 
faid  Town,  whereby  Horfes,  or  other  Creatures,  may  be  let  out  of  the  faid  Town, 
fuch  Perfon  or  Perfons,  being  thereof  lawfully  convidted,  fhali  forfeit  and  pay,  for 
the  firft  Offence,  Forty  Shillings,  Proclamation  Money,  and  for  the  fccond,  and 
every  fubfequent  Offence,  Three  Pounds  like  Money ;  to  be  recovered  as  herein 
after  dircded  :  And  if  any  Offender  fhall  not  be  able  to  pay  fuch  Fine,  or  is  a  Ser- 
vant or  Slave,  he,  fhe,  or  they,  fhall  receive  at  the  Public  Whipping-Poft  Thirty 
Nine  Lafhes,  on  his,  her,  or  their  bare  Back,  well  laid  on. 

No  Stock  to  run  XV.  A  N D  be  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  no  Perfon, 
at  largs  inTown.  Inhabitant  or  Freeholder  of  the  faid  Town,  fhall  keep  running  at  large  therein  more 
than  one  Cow  and  Calf,  and  one  Horfe,  or  fix  Head  of  Sheep,  for  every  faved  Lot 
he  or  fhe  fhall  be  pofTelTed  of,  on  Penalty  of  Twenty  Shillings  for  every  Offence, 
to  be  recovered  as  herein  after  direded  ;  and  that  no  Perfon  whatfoever  (except  the 
Inhabitants  or  Freeholders  thereof)  fhali  keep  running  at  large  in  the  faid  Town 
any  Horfes,  Cattle,  Sheep,  or  Hogs  (except  their  riding  Horfes,  during  their  Stay 
therein,  and  Perfons  bringing  Cattle  to  the  Market  of  the  faid  Town)  on  Penalty 
of  Twenty  Shillings,  Proclamation  Money,  for  every  Offence,  to  be  recovered  as 
herein  after  direfted;  and  the  Commiffioners  of  the  faid  Town  fhall  caufe  a  Pound 
to  be  built,  wherein  fhall  be  impounded  all  Hogs,  Cattle,  Horfes,  or  Sheep,  found 
running  at  large  in  the  faid  Town,  contrary  to  this  A6t. 

Comm-ffioners  to  XVI.  AND  that  the  faid  Town  of  Newhern  may  be  the  better  regulated,  Be 
Or'dets,  fnrreg".  //  EtiaSfed,  by  the  Authority  aforefaid.  That  the  faid  CommifTioners,  or  the  Majority 
hiing  the  Town,  ^f  j^gm,  fhall  have  full  Power  and  abfolute  Authority  to  pafs  fuch  necelfary  Rules 
and  Orders  as  to  them  fhall  feem  meet,  for  removing  all  Nufances  within  the  Bounds 
of  the  faid  Town,  for  Perfons  to  remove  Dirt  and  Rubbifh  from  before  their  Doors, 
to  grub  and  clear  their  Lots,  and  make  proper  Drains  and  Water-Courfes  through 
them  •,    for  pulling  down  all  wooden  Chimnies  already  built  in  the  faid  Town,  and 

preventing 


L  A  tF  S     of    N  b  R  T  u  -  C  A  R  o  L  I  a  A.  i  8/ 

preventing  the  building  thereof  for  the  future,    in  Order  to  prevent  Dangers  by   ■^-  0.   i75<^. 
i^'ire,  provided  that  Six  Months  Notice  be  given  to  the  Owners  of  lych  Chininies  as     '^ — v-^— ' 
are  already  buiit  to  pull  down  the  farue ;  and  for  all  other  Things  that  may  tend  to 
the  Advantage  and  la^provement  of  the  faid  I'own,    lo  as  the  iame  be  not  repug- 
nant, but  as  near  as  may  be,  agreeable  to  the  Laws  of  England  ard  this  Province. 

XVII.  AND  he  it  further  Enaried,  by  the  Authority  aforefaid.  That  all  Fines  and   ^^"'^  ''°"'  '"°- 
Forfeitures  in  this  Aft  mentioned,  the  Recovery  of  which  is  not  otherwiie  directed, 

fhall  be  by  Warrant  under  the  Hands  and  Seals  of  the  Commiflioners,  or  the  Majo- 
rity of  thcin,  directed  to  any  fworn  Officer  of  the  County  oi  Craven,  to  convene  luch 
Delinquent  or  Delinquents  before  them,    at  a  certain  Day  mentioned  in  the  laid 
Warrant,  and  on  Conviftion,  to  give  Judgment,  and  award  Execution,  for  fuch 
Officer  to  levy  the  faid  Fine  by  Diltrels  and  Sale  oi  the  Offender's  Goods  and  Chat- 
tels ;  which  faid  Fines  fuch  Oificer  fhall  pay  into  the  Hands  of  the  Treafurer  of  the 
faid  Town,  as  Part  of  the  common  Stock,  and  fhall  be  applied  towards  defraying 
the  contingent  Charges  of  the  faid  Town  :  And  the  Commiffioners  of  the  faid  Town,    Ccrr.m;min-rs  to 
or  the  Majority  of  tliem,  are  hereby  invented  with  full  Power  and  Authority  to  lay    ^^^l^';'"^^""" 
out  and  appropriate  all  Monies  which  fliall  be  paid  to  the  faid  Treafurer  by  Virtue  of 
this  Act,  as  tliey  lliall  think  moft  for  the  Good  of  the  faid  Town  :    And  the  faid   Treafurer  to  ac- 
Treallirer  /hall  be  obliged  to  account  with,    and  pay  to  the  Proprietor  of  the  faid    p°o"Hcur'^  ^^^ 
Town,  all  Monies  which  he  fhall  receive  for  the  Purchale  of  Lots  in  the  faid  Town, 
and  alio  fliall  pay  all  Monies  belonging  to  the  faid  Town  to  fuch  Perfon  or  Perfons 
as  the  Commilfioners,  or  the  Miijonty  of  them,  fhall  direct,  by  Warrant  under  their 
Hands,  to  him  directed. 

XVIII.  AND  that  the  Number  of  Commiffioners  for  the  faid  Town  may  be    Cm-niffinners  to 
always  kept  up.  Be  it  Enacted,  That  if  any  oi  the  faid  Commilhoners  fhall  die,  or    ^'  '''^'  "^" 
remove  out  of  the  Province,  or  refufe  to  qualify,  the  remaining  Commiffioners  fliall 

elect  and  choofe  others,  in  the  Room  and  Stead  of  thofe  lo  dying,  removino-,  or 
refufing  to  qualify  as  aforefaid. 

XIX.  AND  for  the  Encouragement  of  the  faid  Town  of  Neivhern,    Be  it  ■'"'''■'^  Eu/inefs. 
Enacied,  hy  the  Authority  aforefaid,  I'hat  tlie  Clerk  of  the  Court  of  Cra'ven  County,  ^  L"  klpc^m"'' 
and  the  Sheriff  of  the  fiid  County,    fliall  keep  their  refpeftive  Ofiices  in  the  faid  ^own. 
Town,  on  Penalty  of  Five  Pounds  for  every  Week  they  fliall  negled:  the  fame  -,  to 

be  recovered  in  any  Court  of  Record  in  this  Province  where  the  lame  is  cognizable, 
by  any  Perfon  that  fhall  fue  for  the  fame :  And  all  Elections,  and  other  Public 
Bufinefs  of  the  like  Nature,  belonging  or  appertaining  to  the  County  of  Craven^ 
fliall  be  held  and  done  in  the  faid  Town,  and  at  no  other  Place  whatloever. 

XX.  AND  whereas  heretofore  little  Regard  hath  been  paid  to  the  Orders    Comm-rrnnerf 
given  by  the  Commiflioners  of  the  faid  Town  of  Newbern,  Be  it  Ena^ed,  That  the    pj^JI  '""''^ 
CommifliDners  of  the  faid  Town  for  the  Time  being,  or  the  Majority  of  them,  fhall 

have  full  Pow.er  and  Authority  to  lay  fuch  Fine  on  any  Perfon  or  Perfons  that  fhall 

refufe  or  neglect  to  obey  any  of  the  Rules  and  Orders  that  fliall  be  pafled  by  the  -    • 

faid  Commilfioners,    or  the  Majority  of  them,    for  the  better  regulating  of  the  laid 

Town,  as  they  fliall  think  fir,  not  exceeding  Twenty  Five  Shillings,  Proclamation 

Money ;    and  on  Kefufal  or  Negleft  to  pay  the  fame  immediately,    to  ifllie  theif 

Warrant,  direfted  to  any  fworn  Oflicer,    to  levy  the  fame  by  Diftrefs  and  Sale  of 

the  Oflendcr's  Goods  and  Chattels,  the  like  Proceedings  being  firfl:  had  as  before 

direded  tor  the  CommiiTioners  to  obferve,  in  die  Recovery  of  Fines  impofed  bv 

this  Ad.  '  ^  ^ 

XXI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  and  every    Rcprai;ngc;..r«. 
other  Ad  and  Ads,  Claufe  and  Claufes,  Article  and  Articles  thereof,  heretofore 

made,  for  fo  much  thereof  as  relate  to  any  Matter  or  Thing  within  the  Purview  of 
this  Ad,  is  hereby  repealed,  made  void,  and  of  none  Effed. 

A  a  2  CHAP, 


i88 


L  A  IV  S    of    North-Carolina. 


A.  D.   1756. 

See    A£V,     Nov. 
1771,   Chap.  20, 

Preamble. 


B 'unds  of  the 
Town, 


Public  Bnfinef'  to 
t>e  done  in  Town, 


Public  Offif -s  to 
be  kept  in  Towm 


Hiocecdinss 
where  Houfes 
Uu  It  on  the 
Street?,   or  on  0- 
ther  P.'op'es 
Ground, 


CHAP.     XIII. 

An  AB  for  the  Regulation  of  the  Town  0/ Wilmington. 

I.  T  T  7  H  E  R  E  A  S  the  ereding  and  eftablidiing  the  Town  of  IVihrJngton  hath 
y  Y      been  found  highly  beneficial  and  convenient  to  the  Inhabitants  of  the 
Souihern  Parts  of  this  Province,  and  others  carrying  on  Commerce  with  them :  For 
the  better  Regulation  and  Improvement  of  the  faid  Town, 

II.  B  E  it  Ena5fed^  hy  the  Governor,  Council,  and  Affemhly,  and  hy  the  Authority 
of  the  fame.  That  the  Town  called  IVihnington,  lying  on  the  Eafl  Side  of  the  North 
Eail  Branch  of  Cape  Fear  River,  fhall  be  bounded  and  circumfcribcd  in  Manner 
following.  That  is  to  fay :  To  the  North  Eaft  by  the  Lands  of  the  late  Governor 
Gabriel  Johnfton,  Efq-,  deceafed,  upwards  and  below  by  the  Lands  formerly  belong- 
ing to  Michael  Dyer,  running  back  One  Hundred  and  Twenty  Poles  from  the  Ri- 
ver, as  may  more  fully  appear  by  the  Plan  of  a  Survey  of  the  faid  Town,  made  in 
the  Year  of  our  Lord  One  Thouiand  Seven  Hundred  and  Thirty  Three,  now  in 
the  Secretary's  Office ;  which  Plan  Ihall  be  for  ever  hereafter  the  true  and  exa6t 
Plan  of  the  faid  Town,  by  a  Reference  to  which  all  Difputes  in  Regard  to  Streets, 
Squares,  Lots,  and  their  Boundaries,  are  to  be  determined  for  the  future. 

III.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  for  ever  after 
the  pairing  of  this  Aft,  the  Courts  of  the  County  of  New  Hanover,  the  Eleftion  of 
Reprefentatives  to  be  lent  to  the  General  AfTembly  for  the  laid  Town  or  County, 
the  Eleftion  of  Veftrymen  for  the  Parifli  of  5/.  Jams,  and  all  other  Public  Eleftions 
for  the  faid  County  and  Town,  fhall  be  made  and  held  in  the  Town  of  Wilmington, 
and  at  no  other  Place ;  any  Law,  UJage,  or  Cuftom,  to  the  contrary,  notwith- 
ftanding. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefald.  That  the  Sheriff  of 
the  County  oi New  Hanover,  the  Clerk  of  the  Court  for  the  iaid  County,  and  the 
Reglfler  of  the  faid  County,  for  the  Time  being,  fhall  for  ever  hold  and  keep  their 
refpeftive  Offices  in  the  faid  Town  of  Wilmington  \  and  that  if  any  cf  the  laid  Offi- 
cers fhall  negleft  or  refufe  fo  to  do,  each  of  them,  fo  neglefting  or  refufing,  fliall, 
for  every  Week  he  fhall  be  a  Delinquent,  forfeit  and  pay  the  Sum  of  Forty  Five 
Shillings,  Proclamation  Money  -,  to  be  recovered  by  any  Perfon  who  fhall  fue  for 
the  fame,  in  the  County  Court  of  New  Hanover,  by  Aftion  of  Debt,  Bill,  Plaint, 
or  Information  ;  wherein  no  Eflbin,  Injunftion,  Proteftion,  Privilege,  or  Wager  of 
Law,  fhili  be  allowed  or  admitted  of:  One  Half  to  fuch  Informer,  the  other  Half 
to  the  CommiiTioners  of  the  faid  Town  for  the  Time  being,  to  be  applied  for  the 
Ufe  and  Benefit  of  the  faid  Town. 

V.  AND  whereas  by  the  Unfkillfulnefs  of  former  Surveyors,  and  Negleft  of 
the  Proprietors,  the  Courfe  of  the  Streets,  and  Bounds  of  the  Squares  and  Lots, 
wiere  never  properly  afcertained,  by  which  many  Houfes  are  mifplaced,  fome  en- 
croachinor  upon  the  Streets,  and  others  upon  the  Lots  of  their  Neighbours  :  For 
Remedy  whereof.  Be  it  Enacted,  by  the  Authority  aforefaid.  That  all  fuch  Houfes 
as  are  now  built,  either  wholly  or  in  Part,  upon  the  Streets,  fhall  be  allowed  to 
remain  fo,  until  they  are  no  longer  tenantable,  and  then  the  Ov»^ner  fhall  be  obliged 
to  pull  fuch  Houfe  or  Floufes  down,  and  clear  the  Street  or  Streets  of  all  the  Rub- 
bifh ;  and  when  they  build,  to  buiid  within  liis,  her,  or  their  Lot  or  Lots,  under 
the  Penalty  of  Fifty  Pounds,  Proclan^ation  Money,  to  be  recovered  as  herein  after 
is  direfted.  And  where  any  Perfon  or  Perfons  has  the  Whole,  or  any  Part  of  his 
or  their  Houfe  or  Houfes,  not  having  a  Brick  Chimney,  or  Brick  or  Stone  Cellar, 
on  another  Perfon's  Ground,  then  it  fhall  and  may  be  lawful  for  the  Party  injured, 
to  give  Notice  in  Writing  to  the  Owner  or  Owners  of  fuch  Houfe  or  Houles,  to 
remove  what  Part  of  the  fame  may  be  on  fuch  Pcvibn  or  Perfons  Lot  or  Ground, 
in  Six  Months  after  the  Date  of  fuch  Notice,  which  he  or  they  fliall  be  obliged  to 
do,  under  the  Penalty  of  Fifty  Pounds,  Proclamation  Money ;    to  be  recovered  in 

the 


LAWS    of    North-Carolina. 


the  Supreme  Court  of  the  Difl:ri6l  of  New  Hanover  County,  by  the  Party  fo  injured,    ^-  D.   1756 
and  to  be  applied  to  his  proper  life,  and  to  no  other  Purpofe  whatloevcr. 


Houfes  with 
britk    Chimnies, 
Ac.    nit    to    ba 
rtiaoved. 


VI,  PROVIDED  neverthelefs^  That  in  Cafe  fuch  Houfe  or  Houfes  have 
one  or  more  Brick  or  Stone  Chimney,  or  Brick  or  Stone  Cellar,  then  the  Owner  or 
Proprietor  of  fuch  Houfe  or  Houfes  iliall  not  be  obliged  to  remove  the  fame,  but 
may  be  at  Liberty,  and  is  hereby  allowed  to  pay  a  Ground-Rent,  for  what  rart  he 
encroaches  upon  his  Neighbour,  where  Notice  or  Warning  was  not,  before  the 
building  of  fuch  Chimney  or  Cellar,  given  of  fuch  Encroachment ;  which  Rent, 
and  all  Difputes  arifing  about  Encroachments  and  Damages  upon  Lots,  fhall  be 
afcertained  and  determined  by  the  Commiffioners  of  the  1  own,  or  the  Majority  of 
them.  And  that  the  laid  Commiffioners  may  be  the  better  enabled  to  difcharge 
their  Truft,  they  are  hereby  required,  at  the  Expence  of  the  Town,  to  get  a  Copy 
of  the  aforefaid  Plan  of  the  faid  Town,  lodged  in  the  Secretary's  Office ;  and  in 
Cafe  any  Difputes  fhould  hereafter  arife,  to  lay  out  the  Streets  or  Lots  according 
thereto,  beginning  at  the  South  Eall  Corner  ot  Mr.  John  Mcrris's  Houfe,  on  Mar- 
ket Street,  near  the  Court-Houle ;  from  which  Corner  all  tuture  Surveys  of  the 
faid  Town  fhall  be  commenced. 

VII.  AND  he  ii  further  EnaoJed,  hy  the  Authority  aforefaid.  That  the  faid  Commimoners  to 
CommilTioners,  or  the  Majority  of  them,  fhall  determine  all  Complaints  cf  Nuf..n-  '^'""''^ Nufar.c«. 
ces,  by  Lumber  or  Rubbiih  lying  upon  the  Streets  or  Wharfs,    Dangers  of  Fire 

arifing  from  Wooden  Chimnies,    or  any  fuch  hazardous  Buildings,    and  pafs  fuch 
Orders  as  they  fhall  think  necelfary  for  the  Removal  of  the  fame. 


CcmmifTionfrs  to 
get  a  Copy  (if  the 
f'lan  K  dgcd  in  the 
Sicretar)':  Office, 
and  (o  make  all 
Survejs  by  it. 


VIII.  AND  v/hereas  the  Inhabitants  have  been  at  a  great  Expence  in  buildino- 
a  Public  Wharf,  where  Boats  may  come  to  and  difcharge  ;  Be  it  further  Enaued,  by 
the  Authority  aforejaid.  That  no  Vtlfel  or  Vcficls  fhall  lie  at  the  faid  Wharf,  or  at 
any  other  Public  Wharf  to  be  built  for  the  future,  without  Licence  firft  obtained 
from  t!ie  Commiffioners  •,  and  if  any  Perfon  or  Perfons  ffiall  incumber  any  of  the 
faid  Wharfs  with  Naval  Stores,  Lumber,  or  any  other  Thing  whatfoever,  fuch 
Perfon  or  Perfons  ffiall  be  obliged  to  remove  fuch  Incumbrances  within  Twenty 
Four  Hours  after  Notice  thereof  given  by  the  Commiffioners,  or  th^  Majority  of 
them,  under  the  Penalty  of  Forty  Shillings,  Proclamation  Money ;  to  be  recovered 
by  a  Warrant  from  the  Commiffioners  ot  the  faid  Town. 

IX.  AND  he  it  further  Ena"ed,  hy  the  Authority  aforefaid.  That  the  Com- 
miffioners of  the  faid  Town  for  the  Time  being,  or  the  Majority  of  them,  are  hereby 
impowered  to  pafs  iuch  Orders  as  they  may  judge  proper  tor  the  brino-incr  to  Juftice 
or  profecuting  thofe  who  ffiall  deal  or  traffick  with  Negroes,  without  proper  Tick- 
ets from  their  Mailers,  MiftrefTes,  or  Ovcrfcers  ;  and  for  preventing  all  Mobs  or 
Cabals  of  Negroes,  or  others  ;  for  the  more  efftrftually  bringing  to  Juftice  all  Cri- 
minals and  Offenders  againft  the  Laws  of  this  Province;  and  alio  for  prefervino-  the 
Peace  and  Safety  of  the  faid  Town  -,  to  appoint  proper  Guards  or  Watches  in  the 
faid  Town,  as  often  as  Occafion  may  require  ;  to  be  ready  on  all  Occafions  of  Riot 
and  Difturbance,  or  to  prevent  Malefadors  breaking  the  Prifon  or  Gaol.  Provided, 
That  one  of  the  Commiffioners  be  of  the  Number  of  the  faid  Watch,  to  give  necel- 
fary Orders, 

X.  AND  whereas  the  allowing  of  Hogs  to  run  at  large  in  the  faid  Town  is 
found  to  be  a  great  Nufance  to  the  Inhabitants;  Be  it  EnaSted,  hy  the  Authority 
aforefaid.  That  none  of  the  Inhabitants  of  the  faid  Town  ffiall,  on  any  Pretence 
whatfoever,  fuffer  any  of  their  Hogs  to  run  at  large  within  the  Bounds  of  the  laid 
Town  ;  and  any  Hog  or  Hogs,  running  at  large,  ffiall  be  forfeited  to  any  Perfon 
who  ffiall  feize  or  kill  the  fame,* 

XIII,  AND 


tfTcIs    lying   at 

e  PiiblicWharf, 

Pt-rlins    )um- 

ring  it,  to  pay. 


See  Afl  No-rm- 
bcr  1771,  Chap, 
au.  Sta.  II. 


*■  Sections  11  and  12  altered,  and  provided  for,  by  Aft  Nov.  1771,  Chap.  20. 


190 


L  A  IV  S    of    North-Carolina. 


J.  D.   1756.        XIII.     AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Inhabi- 
,^^i^^(^.        tants  of  the  laid  Town  fliall  be,  and  they  are  hereby  exempt,  and  for  ever  hereafter 
ea.ptfrom    excufcd  from  working  on  tlie  Country  Public  Roads,    during  fuch  Time  as  they 
live  in  the  faid  Town,  and  no  longer. 


Tow 
tant 

working  on 
Roads. 


Lit':(o1)eiIpared, 
and  prnpei  Drains 
made  thro'  them. 


Fif;  Engine,  &e. 
to  iie  purchifcd. 


XIV.  A  N  D  as  there  are  many  Lots  in  the  faid  Town  not  yet  cleared,  nor 
proper  Drains  nor  Runs  made  through  them  to  let  the  Waters  have  a  free  Courfe, 
to  the  manifeft  Injury  and  Unhealthinels  of  the  Inhabitants  of  the  faid  Town  ;  Be 
it  further  Enatled,  by  the  Authority  afcrcfaid.  That  the  Commiflloners  for  the  Time 
being,  or  the  Majority  of  them,  fhall,  and  they  are  hereby  direfted,  to  order  the 
Proprietor  or  Proprietors  of  any  Lot  or  Lots,  to  clear  all  or  any  Part  of  them,  and 
to  make  proper  Drains  or  Water-Courfes  through  them,  within  Six  Months  from 
the  Time  of  the  Date  of  fuch  Order,  in  Writing,  figned  by  the  Commiffioners  of 
the  faid  Town  for  the  Time  being,  or  die  Majority  of  them  ;  and  any  Ptrfon  neg- 
lecting or  refufing,  flirul  forfeit  and  pay  the  Sum  of  Twenty  Shillings,  Proclamation 
Money,  for  every  Month  they  fhall  refufe  or  negleft  to  obey  fuch  Order  ;  to  be  re- 
covered by  a  Warrant,  under  the  Hands  of  the  Commiflloners,  or  the  Majority  of 
them,  directed  to  one  of  the  Conftables  of  the  faid  Town,  on  the  Efiefts  of  fuch 
Delinquent  or  Delinquents. 

XV.  AND  whereas  the  Damages  that  may  arife  from  Fire  in  the  faid  Town 
may  be  very  great,  and  a  Necefllty  appears  for  providing  one  or  more  Water  En- 
gines ;  Be  it  Enabled,  by  the  Authority  aforefaid.  That  the  Commiffioners,  or  the 
Majority  of  them,  fliall,  within  Two  Years  after  the  paffing  of  this  Aft,  value  every 
Houfe  within  the  Bounds  of  the  faid  Town,  and  lay  a  Tax  not  exceeding  Two  pr 
Cent,  on  fuch  Value,  upon  every  Owner  or  Owners  of  luch  Lloufe  or  Houfes  ; 
which  Monies,  fo  laid,  fliall,  by  Order  of  the  faid  Commiffioners,  or  the  Majority 
of  them,  be  colleiled,  and  applied  towards  purchafing  Water  Engines,  Buckets, 
Ladders,  and  other  Inftruments  for  the  extinguifliing  ot  Fire-,  and  if  any  Pcrfon 
fliall  negledl  or  refufe  to  pay  fuch  Tax,  the  fame  fhall  be  levied  by  a  Warrant  under 
the  Hands  of  the  Commiffioners,  or  the  Majority  of  them,  direded  to  one  of  the 
Conftables  .of  the  faid  Town,  on  the  Efiedls  of  fuch  Delinquent  or  Delinquents. 


Gprr.x 

Iffi,- 

inct 

■s  ro 

Tiioke 

i^lles 

and 

OrH^rs 

fo 

r  ti 

■  p.,. 

Jatir.g 

the 

T.I 

XVII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Com- 
miffioners for  the  Time  being,  or  the  Majority  of  them,  fliall,  and  are  hereby  im- 
powered,  to  pafs  any  Orders  they  may  judge  proper,  fur  preventing  the  building 
of  neceflary  Houfes  on  any  Stream  of  Water  running  through  the  faid  Town,  cr 
having  Drains  from  fuch  Houfes  into  any  of  the  faid  Streams  ;  to  remove  iuch 
Houfes  already  built;  for  preventing  of  Cattle  being  kept  up  in  a  Pen  above  Three 
Days,  without  being  fufficiently  fed  and  watered  ;  for  preventing  Mortar,  Clay,  or 
Wooden  Chininies,  being  built,  and  for  pulling  down  fuch  as  are  already  built ; 
for  making  the  People  keep  their  Chimnies  clean,  and  raifing  th^m  to  a  proper 
Heio-ht,  not  under  Four  Feet  above  the  Ridge  of  the  Roof  •,  for  preventing  the 
keeping  Naval  Stores  or  Lumber  in  any  Houfes  whereby  Damages  may  arife  to 
Neio-hbours  \  for  obliging  all  Perfons  to  clear  the  Streets  before  their  Houfes  ;  and 
for  all  other  Things  for  the  Good  and  Safety  of  the  faid  Town,  and  the  proper 
Government  of  it,  confiftent  with  the  Laws  of  this  Province-,  and  to  enforce  iuch 
Orders,  by  laying  a  Fine,  not  exceeding  Forty  Shillings,  Proclamation  Money,  on 
all  Perfons  negledfing  or  refufing  to  comply  therewith. 


Town  Clerk  to 
be  hired,  in  \vh  fe 
B>ok  Town  Or- 
ders, £cc.  lo  be 
•nleied. 


XVII.  AND  be  it  further  EnaHed,  by  the  Authority  aforcfaid.  That  the  Com- 
miffioners for  the  Time  being  fliall  hire  a  Town  Clerk,  and  Ihall  keep  a  Town 
Book  -,  in  which  fliall  be  entered  all  the  Orders  they  miay  make,  the  Defaulters  on 
the  Streets,  and  the  Accounts  of  the  Monies  they  may  have'received,  the  Manner 
they  have  applied  fuch  Monies,  and  wliat  Sums  may  remain  in  their  Hands,  under 
the  Penalty  of  Fifty  Pounds,  Proclamation  Money  ;  to  be  recovered  by  any  Perfon 
who  fliall  or  may  fue  for  the  fame,  in  the  Supreme  Court  of  the  aforefaid  Difl:ri6t ; 
wherein  no  Eflbin,  Injunftion,  Frotedion,  or  Wager  of  Lav/,  fliall  be  allowed  or 
admitted  of.  XVIII.   AND 


Laws    of    North-Carolina. 


J9I 


A.  D.    1756. 

Ci.innj'fti  tiTs 
going  cur  ot    Of-i 
fice,     tn    acfount 
with    their  Suc- 
ceffors. 


Sec  Af>  Nfivrm- 
her  1771,  Chap, 
io,  S.a.  10. 


XVIII.  A N D  be  it  further  Enacted,  by  the  Authority  nforefa:d.  That  the  Com- 
miffioners,  on  going  out  of  Office,  Ihall  pay  into  the  Hands  of  their  SuccelTors 
fuch  Sum  or  Sums  of  Money  as  they  have  in  their  Hands ;  and  in  Cafe  they  fhould 
negleft  or  refufe  fo  to  do,  they  fhall  forfeit  and  pay  Fifty  Pounds,  Proclamation  Mo- 
ney ;  to  be  recovered  by  fuch  fucceeding  Commillioners,  by  Action  of  Debt,  in 
the  Supreme  Court  of  the  aforelaid  Diltnd ;  wherein  no  Eilbin,  Protection^  In- 
junftion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 

XIX.  AND  whereas  often  Times  during  Divine  Service  there  are  great  Dif- 
turbances  in  the  Streets,  or  near  the  Place  where  the  fame  is  performed  ;  Be  it  En- 
acted, by  the  Authority  aforefaid.  That  the  Conftables  in  the  faid  Town,  each  in 
their  Turn,  fhall  be  obliged  to  walk  the  Streets  during  the  Time  of  Divine  Service, 
to  prevent  all  fuch  DiRurbances,  and  to  apprehend  ail  Delinquents,  who  fhall  be 
punlfhed  as  Breakers  of  the  Sabbath,  a 

XXI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Com- 
miflioners,  or  the  Majority  of  them,  are  hereby  impowered  to  lay  fuch  Pines  on  all 
who  refufe  or  negleft  to  obey  any  of  their  lawful  Orders,  after  being  made  public, 
as  they  may  judge  neceffary,  not  exceeding  Two  Pounds,  Proclamation  Money, 
lor  each  Default ;  to  be  levied  by  Warrant  under  the  Hands  and  Seals  of  the  laid 
Commiffioners,  or  the  Majority  of  them,  directed  to  either  of  the  Conftables  of  the 
faid  Town,  who  are  hereby  obliged  to  execute  the  fame  ;  which  Fines,  recovered 
as  aforefaid,  Ihall  be  applied  to  the  Public  Fund  or  Stock  of  the  faid  Town. 

XXII.  FR  0  VI D  E  D  always.  That  it  fhall  and  may  be  lawful  for  any  Perfon    Right  of  Appoi. 
or  Perfons,  who  fhall  think  himielf  or  themfelves  injured  by  fuch  Fine,  to  appeal 

to  the  Juftices  of  the  County  Court,  who  are  hereby  impowered  to  determine  the 
fame  in  a  fummary  Way. 


Cimmi/Tionprs  to 
l.iy  Finis  en  De- 
linquents. 


XXXIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  all 
Fines  and  Forfeitures,  the  Method  of  Recovery  of  which  is  not  otherwife  directed 
by  this  Ad,  fhall  be  recovered  with  Cofts,  in  any  Court  of  Record  in  the  County 
oi  New  Hanover,  Refpeft  being  had  to  their  Jurifdidion,  by  the  CommiiTioners  for 
the  Time  being,  or  the  Majority  of  them,  by  Aftion  of  Debt,  Bill,  Plaint,  or  In- 
formation ;  wherein  no  EfToin,  Injunction,  or  Wager  of  Law,  fhall  be  allowed  or 
admitted  of.  And  all  Fines  and  Forfeitures  mentioned  in  this  Act,  not  exceeding 
Two  Pounds,  Proclamation  Money,  fhall  be  recovered  by  a  Warrant  under  the 
Hands  and  Seals  of  the  Commifiioners,  or  the  Majority  of  them,  diredted  to  the 
Conftables  of  the  Town,  or  either  of  them,  againft  Body  or  Goods,  as  in  A6tions 
of  Debt,  and  in  all  Things  fubjed  to  the  fame  Rules;  all  which  Fines  or  Forfei- 
tures, recovered  in  any  of  the  before-mentioned  Ways,  fhall  be  applied  and  paid 
into  the  Scock  of  the  faid  Town. 


Fines  and  Forfei- 
turfS  hriW  reco- 
vered, and  applia 
cd. 


XXIV.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com-   PoWic  Meetiigi 
milTioners  and  the  Inhabitants  fhall  have  free  Liberty  to  hold  all  their  Public  Meet-   c,u'iSufe."" 
ings,  on  all  Occafions,  in  the  Court-Houfe,  and  have  the  Liberty  of  a  Key  to  the 
fame. 


XXV.  A  N  D  for  the  better  afcertaining  the  Method  of  choofing  fuch  Commif- 
iioners, and  the  Qualifications  neceffary  for  fuch  CommifTioners  -,  Be  it  Ena^ed,  by 
the  Authority  aforejaid.  That  any  Perfon  who  on  the  Day  of  Eledion,  and  for  Three 
Months  next  before,  was  feized  in  Fee-Simple,  or  for  Term  of  Life,  of  a  Brick, 
Stone,  or  framed  Houfe,  with  one  or  more  Brick  or  Stone  Chimnies,  of  the  Dimen- 
fions  of  Twenty  Feet  long  and  Sixteeen  Feet  wide,  within  the  Bounds  of  the  faid 
Town,  fhall  have  a  Right  to  vote  for  fuch  CommifTioners,  and  be  fufficiently  qua- 
lified 


Qualificstirn  of 
Voters  for  Com- 
milBoncrs. 


*■  Sedion  20  altered,  by  Adl  Nov.  1771,  Chap.  20, 


92 


L  A  JV  S    of    North-Carolina. 


A.  D.    1756. 

CommifTioners  to 
be  elcfted  only 
every  3  Years, 
ty  Aft  November 
1771,    Chap,  zo. 


Thiir  Oath. 


Niim'itrrf  Com- 
milfiine  s  to  be 
kept  up. 


Comm'ffioners 
appuintcdi 


pen.  nn  OrJina'jr 
Keepers  fuffering 
tippling  on  Sun- 
days. 


No  Perfon  to 
t^uft  Sailors  above 
a/8. 


Pen.    f<Jr    entef. 
taining  Seamen. 


lified  to  be  Commiffiohers  for  the  faid  Town  ;  and  that  the  Number  of  Five^  fuch 
as  are  qualified  as  aforefaid,  fhall  annually,  on  the  Firft  fuefelay  in  "January^  be 
chofen  Commiflioners  for  the  faid  Town ;  and  Two  Perfons  fhall  be  chofcn  by  the 
Majority  of  the  Freeholders  prefent,  as  Infpeftors  of  the  Poll,  and  attend  and  declare 
who  are  duly  elefted  Commiflioners  by  Virtue  of  this  Aft  •,  and  upon  the  faid  Five 
Commiflioners  being  eleded,  and  their  Names  properly  entered  in  the  Town  Book, 
they  fhall,  before  they  enter  upon  their  Oflice,  take  the  following  Oath,  before  any 
Juftice  of  the  Peace  for  the  County  of  New  Hanover  j  that  is  to  fay  : 

I  A.  B.  dofwtnr,  'That  I  will  execute  the  Office  of  a  Commijftoner,  for  the  Town  of 
Wilmington,  faithfully  and  truly^  without  Favour  or  Prejudice ;  and  in  all  Things, 
act  for  the  Good  of  the  faid  Town,  and  the  well  governing  thereof  to  the  befi  of  my  Skill 
and  Judgment,  according  to  Law.  SO  HELP  ME  GOD. 

XXVI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  in  Cafe 
of  Refufal,  Removal,  or  Death,  of  any  of  the  Commiflioners,  either  before  or  after 
their  being  qualified  as  aforefaid,  the  other  Commiflioners,  or  the  Majority  of  them, 
fhall  choofe  another  in  the  Room  of  him  or  them  fo  dying,  refufing,  or  removing 
as  aforefaid,  who  Ihall  be  qualified  in  Manner  as  before  direfted. 

XXVII.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  Cornelius 
Harnett,  Frederick  Gregg,  Daniel  Dunbibben,  Arthur  Mabfon,  and  Thomas  Finney^ 
are  hereby  appointed  Commiflioners  of  the  faid  Town,  and  Ihall  be  and  continue 
in  Ofiice  until  the  Firft  Tuefday  in  January  next  -,  and  they,  or  a  Majority  of  them, 
Ihall  have  the  fame  Power  and  Authority  as  the  Commiflioners  to  be  chofcn  by  this 
Ad  fhall  or  may  have,  and  be  fubjeft  to  the  fume  Penalties. 

XXVIII.  A  ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  at  any 
Time  any  Tavern  Keeper,  Ordinary  Keeper,  Retailor  of  Liquors,  or  Keepers  of 
Public  Houfes  in  the  laid  Town,  fhall  fufier  any  Perfon  or  Perfons  whatfotver  to 
fit  tippling  or  drinking  in  his  or  her  Houfe  in  Time  of  Divine  Service,  on  the  Sab- 
bath Day,  or  Ihall  fufier  any  Perfon  or  Perfons  to  get  drunk  in  his  or  her  Houfe  on 
the  Sabbath  Day,  fuch  Perion  or  Perfons  fo  offending,  fhall  forfeit  and  pay  Twenty 
Shillings,  Proclamation  Money,  for  every  fuch  Offence ;  to  be  recovered  by  a  W^ar- 
rant  under  the  Hand  and  Seal  of  any  Juftice  of  the  Peace  for  the  County  of  New 
Hanover,  and  be  paid  into  the  Public  Stock  of  the  faid  Town. 

XXIX.  AN  D  be  it  further  Enavied,  by  the  Authority  aforefaid.  That  ifanyPer- 
^n  or  Perfons  whatfoever  in  the  faid  Town  fhall,  on  any  Pretence  whatever,  give 
^ny  Credit,  Loan,  or  Truft,  to  any  Mariner  or  Seaman  belonging  to^  or  under  the 
Command  of  any  Mafter  of  a  VeflTel  that  now  is,  or  fhall  at  any  Time  hereafter  be 
lyino-  in  the  River  of  Cape  Fear,  exceeding  the  Sum  of  Two  Shillings  and  Eight 
Pence,  Proclamation  Money,  except  by  the  Leave  or  Licence  of  the  Mafter  or 
Commander  of  the  VeflTel  he  belongs  to,  or  where  fuch  Sailor  or  Mariner  fliall  have 
left  the  Vefl"el,  to  apply  to  either  of  the  Courts  of  Juftice,  in  any  Difputes  or  Con- 
troverfies  with  the  Captain  or  Commander  of  fuch  Veflel ;  that  then,  and  in  fuch 
Cafe  he,  fhe,  or  they,  fhall,  for  every  flich  Default,  lofe  all  the  Monies  or  Goods 
fo  trufted  or  credited. 

XXX.  AND  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  if  any  Per- 
fon or  Perfons  whatfoever  in  the  faid  Town,  fliall  willingly  or  willfully  entertain, 
harbour,  or  keep,  or  fufier  to  be  entertained,  harboured,  or  kept,  directly  or  indi- 
reftly,  any  Seaman  belonging  to  any  VeflTel  as  aforefaid,  in  his,  her,  or  their  Houfe 
or  Houfes,  exceeding  the  Space  of  Six  Hours,  without  the  Privity  or  C'cnient  of 
his  Commander  (except  in  the  Cafe  before  excepted)  he,  fhe,  or  they,  lb  ofi'ending, 
Ihall  forfeit  the  Sum  of  Twenty  Five  Shillings,  Proclamation  Money,  for  every 
fuch  Offence  ;  to  be  recovered  by  Warrant  under  the  Hand  and  Seal  of  any  Juftice 
of  the  Peace  for  the  County  of  New  Hanover,  and  paid  into  the  Public  Stock  or 
Fund  of  the  faid  Town.  CHAP. 


LAWS    of    North-Carolina. 


^93 


i.  D.  1756. 


I'rearrible. 


C  H  A  P.     XIV. 

An  AB  for  ejiablijhing  the  Titles  Qf  the  Freeholders  in  Edenton,  for  hying  a  Tax  for 
jinifJoing  the  Church  begun  in  the  faid  Torni^  and  for  the  further  Im^rove'.ncnt  and 
better  Regulation  thereof. 

I.  TTrrHEREAS  purfuant  to  feveral  Ads  of  Aflernbly  of*  this  Province  here- 
y  Y  totbre  paired,  Four  Hundred  and  Twenty  Acres  of  Land,  jyincr  in  the 
Fork  ui  ^teen  Anne'%  Creek,  in  Chovcan  County,  bounded  Eaftward  by  the  Lands 
of  Miles  Gale^  Northward  by  the  Lands  of  IFilliatn  Badhain  and  George  Lijles,  on 
the  Weihvard  by  the  Beaver  Dam  and  Creek,  and  on  the  Southward  by  the  Sound 
wa-;  purchafed  by  the  Pubhc,  and  laid  out  for  a  Town,  ci^lied  Edenton;  and  Part 
thereof  divided  into  Lots  of  Half  Acres,  as  will  more  luUy  appear  by  the  Plan 
thereof  already  drawn,  with  convenient  Streets  and  Palfages,  a  Place  for  a  Church 
Governor's  Houfe,  Court-Houfe,  B. trying  Place,  Market  Place,  Council  Room' 
and  other  Purpoles  -,  and  by  the  faid  Atts,  vetted  in  Fee,  in  Commiflioners  or 
Truftees,  to  diipofe  thereof  according  to  the  Dirtdion  of  the  faid  feveral  A6ts  •  and 
the  CommiJioners  or  Truftees  of  the  Jaid  Town  have  conveyed  Lots,  or  Flalf  Acres 
of  Land,  to  leveral  Perfons,  who  have  built  tl^ereon  •,  and  whereas  feveral  of  the 
faid  A(5ls  have  been  fmce  repealed  or  expired,  whereby  many  Mifchiefs  may  arife 
and  the  Improvement  of  the  faid  Town  much  retarded,  and  the  Titles  to  Lots  in 
-the  fame  drawn  into  Difpute  :  For  Remedy  whereof, 

II.     BE  it  Enabled,  by  the  Governor,  Council,   and  Afjemhly,    and  b^  the  Authority   Jown Lot, ,,(», d 
ef  the  fame.  That  the  laid  Commiflioners  or  Truftees  heretofore  appointed  are  hereby   '"'^'""'"'''*  "*"• 
declared  to  have  had  a  good,  ablolute,  and  indefeafible  Eftate,  in  Fee,  in  the  faid 
Four  Hundred  and  Twenty  Acres  of  Land,  in  Truft  and  Confidence,  to  and  for 
the  Ufes  by  the  laid  feveral  Acis  intended  j  and  Thomas  Barker,  John  Craven,  lofeph 
Blount,    Charles  Bloiint,    and  James  Luten,    Gentlemen,    the  prelent  Commiflioners 
are  hereby  declared  to  have  a  good,  ablolute,  and  indefeafib.e  Eftate,  in  Fee,  in  all 
fuch  Lots  in  the  faid  Town  as  have  not  been  already  difpoled  of  by  former  Com- 
milfioners  or  Truftees,  or  have  lapfed  for  Want  of  complying  with  the  Conditions 
ot  the  Deeds  for  which  the  fame  have  been  granted  ;  and  the  faid  Commiflioners 
ftiall  hold  the  fame  in  Truft,  and  to  the  Ufes  herein-after-mentioned,  and  for  no 
other  Ufe  or  Purpofe  whatloever ;  and  the  laid  Lots  are  hereby  confirmed  to  them, 
and  their  Succeffors,  for  fuch  Ules  j  any  Law,  Statute,  or  Uiage,  to  the  contrary, 
and  the  Repealing,  Expiring,  or  Sufpenfion  of  any  Law,  notwithftandino-. 


Treafurer  tn  re- 
Cfive  all  Town 
Monies. 


Number  of  Com- 
mirtionrts  to  be 
kept  up. 


III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  Thomas 
Barker,  the  prefent  Treafurer  of  the  laid  Town,  and  his  Succeffors  in  Oflice,  fhall 
receive  ail  Monies  arifing  by  Virtue  of  this  A6t,  to  be  applied  as  herein  after  is  di- 
refted  ;  and  on  his  Death,  or  Removal  out  of  the  County  of  C/;'6'rt'^«,  the  next  eldefl: 
Commiflloner  fhall  fucceed  him  in  the  faid  Office,  firft  giving  Security  to  the  Jufti- 
ces  oi  Chowan  County,  in  the  Sum  of  One  Hundred  Pounds,  for  the  juft  Perfor- 
mance of  the  faid  Truft  -,  and  at  all  Times  hereafter,  in  Cafe  of  the  Death,  or  Re- 
moval out  of  this  Province,  of  either  or  any  of  the  Commiffioners  of  the  aforefaid 
Town  of  Edenton,  it  ftaall  and  may  be  lawful  tor  the  Survivors,  or  a  Majority  of 
them,  to  eleft  and  choofe,  out  of  the  Freeholders  of  the  faid  Town,  another  Com- 
miffioner,  or  other  Commiffioners,  in  the  Room  and  Stead  of  him  or  them  fo  dying 
or  removing. 

IV.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  all  Deeds  Deeds,  the  c«n. 
heretofore  made  by  the  Commiffioners  for  any  Lots  of  Land  in  the  faid  Town,  ^^^^Lt  w!u.^. 
the  Conditions  of  which  have  been  fulfilled  and  complied  with,  fhall,  and  are  hereby  <'"''*"''  £"'"»•'  * 
declared  to  be  good  and  valid  in  Law,  and  fliall  convey  the  Fee-Simple  thereof  to 

the  Grantees,  tlieir  Heirs  and  Affigns,  for  ever. 

V.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Commif-  Commifli  ner,  te 
fioners  of  the  faid  Town,  or  any  Three  of  them,  fhall,  and  are  hereby  impowered    tuH"""  * 


B  b 


and 


1 94  Z/y^^<So/    North-Carolina. 

J.  D.   1756.    and  required,  on  Application,  to  grant  and  convey,  in  Fee-Simple,  any  of  the  Lots 
^—""yf^     of  the  faid  Town,  containing  each  Half  an  Acre,  or  thereabout,  not  before  granted, 
or  which  have  lapfed,  or  fhall  lapfe,  by  the  Grantees,  or  thofe  who  hold  or  clairn 
-under  them,    not  having  complied  with  the  Condition  of  the  Deeds  by  which  the 
fame  were  or  (liall  be  granted,  for  which  the  Grantees  ihall  pay  Ten  Shillings,  pro- 
clamation Money,  for  each  Lot,  if  not  a  Water  Lot,  and  Five  Shillings  tor  each 
Water  Lot ;  and  all  Deeds  made  for  conveying  fuch  Lots  in  the  faid  Town  as  are 
conjit'ons  of  the    not  Water  Lots,  fhall  be  on  Condition,  That  if  the  Grantees,  their  Heirs  or  Affigns, 
'^"'°''  ihall  not,    within  Two  Years  from  the  Date  of  each  refpedive  Deed,    treft  and 

build  for  each  Lot  thereby  granted,  a  good  fubitantial  Brick,  Stone,  or  framed 
habitable  Houfe,  not  of  lefs  Dimenfions  than  Twenty  Feet  long.  Fifteen  Feet  wide, 
ar.d  Eight  Feet  high  between  the  firft  Floor  and  the  Joifts,  or  make  fuch  other  Im- 
provements as  by  the  Majority  of  the  Commiffioners  fhall  be  deemed  equivalent, 
fuch  Deed  fhall  be  void  ;  and  all  Deeds  to  be  made  for  conveying  Water  Lots  fhall 
be  on  Condition,  That  if  the  Grantees,  their  Heirs  and  AfTigns,  fhall  not,  v/ithin 
Two  Yeaas  from  the  Date  of  each  refpeftive  Deed,  ftcure  the  Front  Street  Fifty 
Feet  from  the  Water's  Encroachment,  or  build  a  Wharf  to  the  Edge  of  the  Chan- 
nel^ fuch  Deed  fliall  be  void. 

Conditums  not  VI,     A N I)  bc  it  further  Enabled,    hy  the  Authority  afcrefaid.   That  in  all  Cafes 

complied    with,    where  Deeds  have  been,  or  hereafter  fhall  be  made  by  the  CommifTicners  of  the  faid 
grlnteJ?  Town,    or  a  Majority  of  them-,    for  any  Lot  or  Lots,    and  the  Grantees,    or  thofe 

who  hold  under  them,  have  not,  or  fhall  nOt  comply  with,  and  fulfil  the  Conditions 
of  the  fame,  the  CommifTioners  may,  and  are  hereby  impowered,  to  grant  fuch  Lot 
or  Lots  to  any  Perfon  or  Perfons  applying  for  the  fame,  in  fuch  Manner  as  they 
might  or  could,  if  fuch  Lot  or  Lots  had  never  been  before  granted. 

Front  tnts  not  to        VII.     AND  Ic  it  further  Enacted^  by  the  Authority  aforefaid.    That  fuch  Perfons 
b^  granted    till         ^^^  Owners  of  Lots  in  thfe  faid  Town  facing  or  fronting  any  Water  Lots,    fhall 

6  Months  Nutue  ^  .  ,   .  ^  o  J  '      , 

given.  have  the  Preference  in  taking  up  fuch  Water  Lots,  and  no  others  fhall  be  admitted 

to  have  Deeds  from  the  CommifTioners  for  the  fame,  until  after  Six  Months  Notice 
given  to  the  Owners  of  fuch  Lots  lb  facing  or  fronting  the  Water  Lots  as  afortfaid, 
and  their  negleding  in  that  Time  to  apply  for  Deeds  ibr  them. 

VlII.  AND  whereas  his  Excellency  the  Governor,  and  the  other  Public  OfH- 
cers  of  Government,  do  not  at  prefcnt  refi- !e  or  keep  their  Ofhces  in  Eaentcn,  whereby 
Eight  Acres  of  Land,  or  thereabout,  in  the  faid  1  own,  heretofore  appropriated  tb 
the  Ufe  of  the  Governor,  or  Commander  in  Chief  for  the  Time  being,  are  not  ap- 
plied to  any  Ule  or  Purpofe  whatfoever,  but  would  greatly  contribute  to  the  better 
Settlement  of  the  Town,  were  the  CommifTioners  invcfled  with  Power  to  difpofe  of 
the  fame  ;  and  of  late  Years  the  Lands  in  fome  Parts  of  the  faid  Town,  adjacent  to 
the  Water,  has  increafed,  but  not  being  within  the  Plan  thereof  cannot  be  difpofed 
of  to  fuch  as  are  defirous  to  purchafe  the  f\me  :  Be  it  therefore  Enatlcd,  by  the  Autho- 
Lnnds  made  I'a.t  rity  aforefdd^  That  from  and  after  the  pafTing  of  this  Adt  it  fhall  and  may  be  lawful 
»f  the  Town,  f^j.  yf^^  CommifTioncrs  of  Edenton,  or  a  Majority  of  them,  to  caufe  the  faid  Eight 
Acres  of  Land,  more  oi*  lefs,  heretofore  appropriated  as  aforefaid,  to  be  laid  out  in 
fuch  Lots  as  they  fhall  think  motl  convenient,  and  caufe  a  Plan  thereof  to  be  made, 
and  therein  infert  Marks  and  Numbers  to  the  Lots  in  the  fame  contained ;  which 
Lots,  fo  laid  out,  fhall  be  by  the  CommifTioners,  or  a  Majority  of  them,  on  the 
And  to  be  foM.  Third  Day  of  the  next  Supreme  Court  to  be  held  at  Edenton^  fold  in  feparate  Lots, 
at  Public  Auction ;  and  the  faid  CommifTioners  fliall  make  and  execute  Deeds  lor 
the  grantins  and  conveying  the  fame  to  the  Purchafer  or  Purchufers,  and  to  his  or 
their  Heirs  or  AfTigns,  for  ever,  without  any  Condition  or  Refervation  whatfoever; 
and  the  Money  arifing  by  fuch  Sale  fliall  be  applied  as  herein  diredcd,  and  the 
Deeds  which  fliall  be  fo  executed  fhall,  and  are  hereby  declared  to  be  good  and 
valid  in  Law,  and  fhall  efferftually  convey  the  Fee-Simple  of  the  Lots  in  the  fame 
mentioned  to  the  Grantees,  their  Heirs  and  Afllgns,  for  ever ;  any  Law  or  Statute, 
to  the  contrary,  notwithftanding. 

IX.  AND 


±r  jfW  -S'    of    -N-  O  RT  T  H- -  izTKR-O'L-t  N"  AT,- 


~~rg: 


IX. 


s-6. 


Part 


AND  be  it  further  Ena5led^  by  the  Authority  aforefaid^  Thar  the  Commifli-  jL  d7  ly 
oners,-  or 'a  Majority  of -them,  ihal^  and -they  are. hereby  oirededj'  to^' caufc  fuch-  ^""''''^^r'^ 
Land-adjacenc  to  the;  Water  as  has'increafed,'.'aod  is-  not  contained  wkhin  the-preknt  j.,y"'i"ii  ■'!(•>,! 
Plan  of  the  laid  Town,'  to-  be  laid  out  infAJoh  Lots  as  they  'fhall  thinis.  moft  iviitable  ^"'*  ^'""^  'V'' 
and  convenientj  andcauJe'  aT'lan^  of'fuch-Lots  ta  be  made, '  with  Marks  and  JNum-  ''"  .,''"",,'.' 
bcrs  to  the  fame  inicrted,'  and  (hall  on' Application,'  by -Deeds  oi"  Conveyance;  grant 
and  convey  the  iame  in  luch  Manner^,  and  under -the  hke  Conditions-,.  aS -isdxereia- 
betort;  direded  in  the  granting  ot  iuch  vacant  Lots  as  are  contained  in  the  prefent- 
Plan -Gf  the  laid' ToW-ni,:  and  have  not  been  heretoiore  appropriated-  to  the  U'fe'  ot- 
t-lie  Governor-or  Commander  in  Chief,  as  is '  before -recited  ;  .and  all'  Ddeds-^hich 
fhuU  be  executed  for  the'fame,  fliall,-  and  are  hereby  declared  to  be -good-  and'validi 
in  Law,  and  fhall-  efieAually-convey  the 'Fee-SHnple  thereof  to  -the  GranteesJ  their 
Heirs  and  xVffigns,  for  ever,  on  comply  iiig  with  and  fuliihing  the -Conditions,  to 'be 
expreffed  in  the  fume  Deeds  %  'and  ali.Lots^xo  be  granted  -in-  VitMrue  ©f  this  >  A6t  -Ihair  of  iiic  tc4i 
be.deemed  and  reputed 'to  bd  within  the  Bounds  ot  the  faid' Town,  and  the  Owhers^  •' -  '  '■ 
thereof  ihall  at  all  Times' befubjecH'tothe-fameDucitSj;  Taxation-^,  and-Impoficionsi^ 
arid  inticld^  to- the  fame  Ri^tits  and  FriV-ileges, -'as  the  Owners. oi  Lots,  akeady, 
granted.  -    -  ^ '  -'■•  '■ -•-  -^-^'^^    ' '■    ^-  ■■     -    -■--    -^  ■■■-■-  -- y 

i^  •-•■"'  -  •     .     . 

.  X.     AND  to  prevent  Difputes  in  Refpeft  to  Grantees  of  any  Lots,    or  thofe    Certificate » of 
who-claim  under  fuch  Grantees;-  having- compl'-ied'vvith  the  Condition-s- in'  the  Deeds    gjoodXuVr^ 
by  which  the  lame  have' been,  or  Ihall  be  granted  ;  ■  Be  it  Anau/ed^  by  the  Authority    i-'-i  ''    .. 
afqrefaid^ '  That  in  alP  Cafes  whefe  a  Certificate  fliall  -  be  had  from  the  ConlmilTionerSj 
or  a  Majority -of  them,  or  Oath  ihall- be  -made  in  the  County  Court  ot  Chowafjj  by. 
one  ■  crceiiole  WitriiJfs,' -that  any  Lot  or  Lots  hath  or  have 'been  laved 'accordin<g  to( 
the  Conditions  of  the >Dc£d  ot  Deeds  by  which  tlie  fame  is,  are,'  Or  fliall  be  granted; 
fuch  Certificate, -or  a  Ctopy  of  the  Reebrdof  fuch  Oathj  Ihall,  in  aliCotirts  of  Law; 
br'  Equity, '■be  deemed  an:'t' held  to- be  legal' Evidence,  ^  that  the  Conditions  of  fuch' 
Deed  or  Deeds  have  been  fuifllied  and  complied  with.-    '■■■■''  •■-''-  ^ -i'-....-j.j:-  -.  .(..vh 

XI.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid,    T^^t  the  feveral  Streets  and  Pub- 

Parts  within  the  prefent 'Plan  -of  the  laid  Town-,  laid  cut  for 'Streets^'^  PafTage's,"  tM  Ju^^"xt{"l^idl' 

C'hurch,'  Cduncil  Rodni;  'Btiryirig  Place;  Market  Place,  Court-Houfe,  Priiorij^aiid  i  «,.,.,.i  ,.>d. 
Common,  be  referved  for  thofe  Ufes, 'and  no  other.'-'-^5     c... .-.  ■.  ^  ,.,  .  ,h  ,i,  .a-.A 


XII.  AND  he  it  further  EmHed^  by  the  Authority  aforefaid,  That  the  Com- 
miiTioners,  or  a  Majority  ot  them,  may,  and  they  are  hereby  impov/ered,  iannuaily, 
oh  the  Second  'Tkefday  in  January^  to  lay  a  Tax  .on  tach  Mak  Taxable  >m  the- faid 
Town,  ftot  exceeding  One,  Shilling  and  Sixpence,  Proclamation  Monty  ;' to^ be  kp- 
plied  towards  the  -Expence  of  building  and  repairing  Fublic' '"Wharfs,  a  Market 
Houfe,  or  fo  defray  other  Public  Charges- in  the  laid  Town  ;  which  Tax  fliall  'bc^' 
collected  by  fuch  Pcrfon  as  they  fliall 'appoint,  who  fliall  demand  the  fame -j^'aiid  \Xi 
Cafe  of  Refufal  or  Neglcd  after  fuch  Demand, -kvy'tiie  fame  by  Difl;rers  and' Sale 
orthe  Gliod'g'of  theFerfori  6r  Perfons  ^fo' tefUfing  of  negle6ting,  nni  fhall  rrr^ntin*; 
for  the  fame  totheComniifiloners;  onGath.    •■  ',.    '    -  ^.    --    .= 


XIII.  AND  be  it  further  Ena'ucd,  by  the  Authority  aforefaid^  That  each  and 
every  Perfon  or'Perfons'pblil-fledi,  or  who  Ihall  be  liereaftei- poflk^fled  <)f  any  Llbt  or 
Lots  in  the  laid  Town, '  not  yet  cleared,  fliall,  -within  the  Space  of  Six  Months  after 
the  paihni^  of  this  A61,  where  they  are  at  present  •  in  PoflelFion,  and  within  Six 
Months  after  the  Date  of  their  Deeds-  for  any  Lots  hereaftei"  to  be' granted;  ■  cut- 
down  all  Brui'h^thcrc'on  growing,  and  once  in  each  Year  do  the  fame,  under  tfe  Pe:- 
fialtyof  Five  Shillings,  Proclamation  Money,  for  each  Negleft ;  to  be  recovered 
a'nd  applied -as  is  herein  after  direfledi    "-  ■      -  ■  ■-  -*  ,     --  '>    -  -  --    :>■-  ■•  ..vd 


Tax  'ai<l,  for  tlia 
L';      I  \;>    I  wi:. 


ami  flbiall  account' 

.t 


Perfons    to 
tfl^cir  LiOt^,, 


clear 
I'ear 


XIV. 

the  A-ithon 


A  N  D  to  prevent  Annoyances  and  Nufances,    Be  it  further  Ena^ed^    by 
ty  nforcfaid.  That  if  any  Perlbn  or  PtTions  fliall  throw  our, 'or  lay  in^any" 
Public  Street,  6r  upon  any  Public  Place  in  the  faidTown,  any  Dirt, 'Rubbifii. 


Duft; 


or 

or 


Nufance!  pre-     j 


196 


LAWS    of    North-Carolina. 


Pen.  for  refufiag 
to  obey  theOver- 
fecr's  Summons. 


Town  to  be  laid 
uut. 


Tan  laid  f T  fenc- 
ing the  Town. 


J.  D,    1756.   or  Mortar,    except  fuch  as  are  building  or  repairing  Houfes,    every  Perfon,  fo  cf- 

' ^^ — '     fending,    fliall  forfeit  to  the  Commiffioners  ot   the  laid  Town,    for  every  Offence, 

Ten  Shillings,  Proclamation  Money,  to  be  recovered  and  applied  as  is  herein  after 
directed  ;  and  if  any  fuch  Offence  is  committed  by  any  Servant  or  i]lave,  luch  Ser- 
vant or  Slave  fhall  be  punifhed  by  whipping,  not  exceeding  Thirty  Lafhes,  by  Di- 
reftion  of  Two  Juftices  of  the  Peace,  provided  the  Mafter  or  Miflrefs  refufes  to 
pay  the  faid  Fine. 

XV.  AND  he  it  further  Ena^ed^  hy  the  Authority  aforefaid.  That  as  often  as 
the  Overfeer  of  the  Roads  or  Streets  in  the  faid  Town  fliall  lummon  the  Male  Tax- 
ables  thereof  to  clear  the  faid  Roads,  Streets,  and  Public  Places,  of  all  Woods, 
Weeds,  Rubbifli,  or  other  Nuances,  or  to  repair  or  mend  the  Streets  or  Bridges  in 
the  fame,  any  Perfon  refufing  to  obferve  the  Overfeer's  Direftion,  except  fuch  as 
by  Law  are  exempted  from  working  on  Public  Roads  in  any  County,  he  fliall  for- 
feit and  pay,  for  every  Offence,  the  Sum  of  Ten  Shillings,  Proclamation  Money  j 
to  be  recovered  and  applied  as  is  herein  after  direded. 

XVI.  AND  he  it  further  Enacted^  hy  the  Authority  aforefaid^  That  the  Com- 
miffioners oi  the  fuid  Tov/n  lliall,  wi:hin  Six  Months  after  the  paffing  of  this  Ad, 
lay  out,  or  caufe  to  be  laid  out,  the  Streets  and  Paffages  of  the  fame,  and  caufc 
good  Polls  to  be  fet  up  to  afcertain  the  Bounds  thereof. 

XVII.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  Com- 
miffioners of  the  faid  Town,  or  a  Majority  of  them,  may,  and  are  hereby  impower- 
ed,  within  One  Year  after  the  paffing  of  this  Ad,  to  lay  a  Tax  on  each  and  every 
Perfon  holding  any  Lot  or  Lots  in  the  fame,  according  to  the  Number  of  his  or  her 
Lots,  not  exceeding  Five  Shillings  for  each  Lot,  to  be  applied  towards  fencing  or 
ditching  in  the  faid  Town  ;  and  in  Cafe  any  Perfon  fliall  negleft  or  rtfufe  to  pay  the 
fame,  he  or  flie  fliall  pay  Two  Shillings  and  Six  Pence,  over  and  above  the  faid 
Tax,  for  each  Lot  he  or  ftie  fliall  hold,  to  be  recovered  and  applied  as  herein  after 
directed. 

XVIII.  A  ND  he  it  further  Enacted^  hy  the  Authority  aforefaid.  That  if  any  Per- 
fon, after  the  faid  Town  fliall  be  fenced  or  ditcheu  in,  fliall  voluntarily  pull  down^ 
or  deftroy  any  Part  of  the  Town  Fence  or  Ditch,  fuch  Perion  fliall  forfeit  and  pay 
for  every  OB'ence  Ten  Pounds,  proclamation  Money,  to  be  recovered  and  applied 
as  is  herein  after  djreded  ;  and  from  and  after  that  Time,  it  fliall  and  may  be  lawful 
for  any  Perfon  to  take  up  and  pound  any  Hcgs,  Shoats,  or  Pigs,  which  fliall  be 
found  ranging  at  large  in  the  faid  Town,  fo  long  as  the  Fence  or  Ditch  fliall  be  kept 
in  good  Repair  -,  and  the  Hogs,  Pigs,  or  Shoats,  fo  taken  up,  fliall  be  fold  at 
Audion,  and  the  Money  arifing  thereby  given  by  the  Commiffioners  to  the  Poor 
of  the  Town. 

XIX.  AN  D  he  it  further  EnaSfed^  hy  the  Authority  aforefaid^  That  all  Fines  and 
Forfeitures  in  this  Ad  m,entioned,  not  exceeding  Twenty  Shillings,  Proclamation 
Money,  fliall  be  recovered  by  a  Warrant  under  the  Hands  and  Seals  of  the  Com- 
miffioners of  the  faid  Town,  or  a  Majority  of  them  ;  and  all  Fines  and  Forfeitures 
above  Twenty  Shillings,  fliall  be  recovered  in  any  Court  of  Record,  by  Adion  of 
Debt,  with  Cofl:s,  by  the  faid  Commiffioners. 

XX.  AND  he  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  all  Fines  and 
Forfeitures  by  this  Ad  impofed,  and  not  otherwife  appropriated,'  and  all  Monies 
which  Iliall  arife  by  the  Sale  of  any  Lots  to  be  granted  by  the  Commiffioners  of  the 
faid  Town,  as  is  herein  before  direded,  fliall,  and  are  hereby  direded,  after  their 
reafonable  Charges  and  Expences  are  deduded,  to  be  applied  towards  building  and 
keeping  in  Repair  a  Market  Houfe  and  Public  Wharfs,  and  towards  buying  one  or 
more  Water  Engines,  Buckets,  Ladders,  and  other  Infl:ruments,  to  be  under  the 
Care  of  the  faid  Commiflloners,  for  the  Safety  and  Prefervation  of  the  faid  Town, 

in 


Pen.  for  Je(froy« 
ing  the  Ftnte. 


No  Hogs  to  run 
at  large  inTown. 


Fines  how  leco- 
tcred. 


And  applied. 


L    A   fV  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


97 


in  Cafe  of  Accidents  of  Fire,  and  to  fuch  otlicr  Ufes  as  the  faid  Commiuloncrs  fliall    ^.  D.   1756. 
think  molt  lor  the  Encouragement  and  Advancement  thereof. 


XXI.  AND  whereas  the  Church  in  the  faid  Town,  partly  built  by  the  chari- 
table Donations  of  religious  and  well  difpoied  Chriftians,  for  Want  of  Money  in  the 
Hands  of  the  CommilFioncrs,  remains  unfinilhed,  and  the  prefent  Vellry  of  St. 
Paul's  Parilli  have  negleded  to  lay  a  Tax  for  the  nnilhing  thereof  j  wherefore,  that 
the  pious  Intentions  of  the  Donors  may  not  be  fruifratcd,  in  an  Undertakino-  fo 
well  intended  for  the  Encourageinent  or  Religion,  Be  it  Enatled,  by  the  Authority 
aforefaid.  That  an  annual  I'ax  of  Two  Shillings,  Proclamation  Money,  fliall  be, 
and  is  hereby  laid  on  each  taxable  Perfon  in  the  Parifh  of  St.  Paul.,  in  the  County 
of  Chowan.,  for  Two  Years  next  enfuing,  and  fhall  be  colleded  by  the  Sheriff  in  the 
fame  Manner  that  Public  Taxes  are  collefted,  and  fliall  be  accounted  for  and  paid 
by  him  to  the  Commiffioners  of  the  faid  Church,  who  fhall,  and  are  required  and 
dired^d  to  apply  the  fame  towards  finifhing  the  faid  Church  in  a  decent  and  work- 
manlike Manner,  and  to  call  all  former  Commdrioners,  their  Heirs,  Executors  or 
Adminiftrators,  and  others,  who  have  in  their  Hands  any  Money  heretofore  appro- 
priated to  that  Ufe,  to  Account ;  and  on  their  failing  to  account  and  pay  the  ian:!e, 
on  Motion  to  the  Supreme  Court  at  Edentcn,  to  obtain  Judgment,  and  take  out 
Execution  againft  them  for  fo  much  as  there  ihall  appear  to  be  due  from  them,  giv- 
ing Ten  Days  previous  Notice  of  fuch  Motion  to  the  Party  againft  whom  the  iame 
{had  be  made. 


T 

Chuicn. 


d    for  ii- 


XXII.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  tlie  Com- 
miflioners  appointed  for  finifhing  the  faid  Church  Ihall,  once  in  Two  Years,  account 
to  the  Juftices  of  Chowcn  County  Court  for  all  Money  by  the  faid  Commi.Tioners 
already  received,  or  hereafter  to  be  received,  either  on  Account  of  the  Donations 
made,  or  Taxes  laid  for  building  and  finifhing  the  fame,  and  for  whatever  Difburfe- 
ment  they  have  heretofore  made,  or  fliall  hereafter  make ;  and  in  Cafe  of  their  fail- 
ing to  account  as  aforefaid,  the  faid  Juftices  fhall  and  may  maintain  an  Adtion 
againft  them  for  the  Money  they  fhall  have  received,  and  recover  the  fame  with 
Cofts  ;  and  the  Monies  fo  recovered,  fnail  be  applied  towards  finifhing  the  faid 
Church,  as  is  before  directed. 


Cotnmiffijners  to 
account  with  the 
TiuiUts. 


CHAP.     XV. 

An  A^  to  limit  the  Time  for  holding  County  Courts.,  and  other  Purpofes. 


CHAP.     XVI. 

An  AEl  to  amend  and  continue  an  ASf.,  intituled.,  An  A5f  for  granting  to  his  Majejly  a 
Duty  upon  the  Tonnage  of  Ships  and  other  Vejfels  coming  into  this  Province^  for  the 
Purpofes  therein-mentioned.     E  X  P. 


Prnvtded  f -r  Ky 
the  Inferl"'  Crt. 
Aa,  paOVd  N' V, 
1762,  Chap   :. 


CHAP.     XVII. 

An  A£i  for  erecfing  a  new  Court- Houfe,  Prifon,  Pillory.,  and  Stocks.,  in  Pafquotank 

County.,  and  other  Purpofes. 

I.  TT  WHEREAS  by  Experience  it  is  found  that  the  Situation  of  the  Court- 
y  Y  Houfe  in  Pafquotank  County  is  not  central,  and  by  Reafon  of  a  wide 
Ferry,  often  impalTable,  very  inconvenient  to  the  greateft  Part  of  the  Inhabitants ; 
which,  together  with  the  ruinous  Condition  of  the  Court-Houfe,  and  the  Want  of  a 
Prifon,  lays  the  Inhabitants  under  great  Hardfhips  to  continue  the  Court-Houfe  at 
the  Place  where  it  nov/  ftands :  For  Remedy  whereof. 


Private, 


II.  BE 


19B  LAWS     o/North-Garolina.       

il.  B  E  ii  Enabled,  by  the  Governor,  Council,  and  Jffembly,  and  by  the'/ruthcnfy 
of  the  farae.  That  the  Court  oi  the  County  ot'Pajquotank  fhail  have  kill  Power- 'and' 
Authority,  and  are  hereby  required,  within  Eighteen  Months  after  the'p'afTirtg  oi^_ 
this  Act,  to  ere6t  a  Court-Houfe,  Frifon,  Pillory;  and  Stocks,  for  the  U:fe''of  :lhe^ 
County,  and  to  agree  with  Workmen  to  build  and  finilTi  the  fiime,  at  Reif'B  Fferry,- 
on  the  Land  oi' Thomas  Relf,  inthe  faid  County,  ■    ■:    ->  -^■•,•5 


Court  sdj^urned         jjj^     AND  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  fo  foon  as  th 


the  Court- 


H. life  to  be'        faid  Court-FIoufe,  Prifon,    Pillory,  and  Stocks,   (hall  be  erefted  and  finil'Mdj' the' 
'»^'"«  Juilices  of  the  faid  County  fliall,  and  are  hereby  directed  and  required,  toadjourn" 

the  i'aid  Court,  by  their  Order,  trom  the  Place  where  the  fame  is  now  held  at  Eroinn-^ 
field,  to  the  Court-Houfe  fo  to  be  ereded  and  built  on  the  Land  of  the  faid  Thomas 
Relf,  by  Virtue  of  this  A6t ;  and  all  Suits,  Anions,  Plaints,  Pleas,  and' Gthef 
Matters  and  Things,  before  the  faid  Court  then  depending  and  undetermined,  fhall 
Hand  adjourned  and  continued  accordingly-,  and  all  and  every  Perfcn  and  Perrons' 
having  Day  in  the  faid  Court,  and  all  Witncfies,  fliall  be  bound  and  obliged  to  ap-^ 
pear  at  the  fame^,  according  to  fuch  Adjournment.  -  -  ■,:-^-  '^  •  p 

Tjx  to  be  iiid.  IV.     AND  be  it  further  Ena^ed,  by  th'e  Authority  aforefaid.  That  the  faid  Court 

•  '  '  fhall,  and  -^re  hereby  required,  to  lay  and  levy  aT'ax  on  the  taxable  Perfons'in'thirir 
County,  fufficieut  to  fatisty  and  pay  the  Contrad  tliat  the  faid  Court  fhall  make  and' 
enter  into  lor  ereftingthe  faid  Buildings  ;  which  Tax  fhall  be  collected  by-  the  She^-' 
riff  of  the  faid  County,  and  by  him  accounted  for  as  other  Taxes  are,  for  which  hz 
fliall  be  allowed  Vwt-per  Cent,  for  his  CommifTions.    ■  .  .   1  \m...:.  ..j 

Repeaiingciaufe.  y^  AND  be  it  further  EnaEled,  by  the  Authority  afcrefaid.  That  all  and  every 
A<51  and  A6ts^  Claule  or  Article,  heretofore  made,  lor  any  Thing  within  the  Purvit^^>^ 
of  this  Ad,  is  and 'are  hereby  repealed  and  made  void,  -,    -       .  .....  i\.\\\-\^ 

'  C  PI  A  P.     XVIII. 

This  A£i  hid  Its    Ah  Act  to  iiMpowcr  the  Sheriff  of  GranviWe,  and  the  Collector  of  the  T'axes  of  St.  John'f 
^'^'  '  Parifh,  to  cJlect  Public,  County,  and  Par  iflj  Levies.       '  '.   '"■  i-"'^ 

C  H  A  P.     XIX. 
An  Aci  for  adjourning  the  County  Court  of  Beaufort,  and  other  Purjofes.     1>  E  P. 


CHAP.     XX. 

An  Act  for  dividing  the  Parip  of  St.  Patrick,  in  the  County  <?/ Johnfton,  into  fwo  dif- 
-  -  tinct  Parifhes.  .    .■v.r  .  ;- 

Private,  L  ^T  7  H  E  R  E  A  S  the  Parifh  of  St.  Patrick,  in  the  County  of  Johnflcn,    is  fo 

yy     extenfive,  th^t  renders  it  almoit  impradicabie  foi' any  Miniftcr  to  k^rvfe' 

the  Cure  thereof :    ••  ..,.._  ,    ,  ..,  ,v;\^ 

Parift  divid'ea.  ji;     B  E  it  thehfoYe  Enacted,  by  the  Governor,   Council,  and  Affembly,    and  by  the ^ 

''  Authority  of  the  fame.  That  from  and  after  the  paffing  of  this  Att  the  laid  Parifh  6K 

St.  Patrick  fhall  be  divided  as  follows,  to  i:it.  Beginning  at  Ecykhis's  Ford,  cnVriat- 
Cotentney  Creek,  and  running  a  dirtd  Line  to  the  Mouth  of  Mill  Creek,  o'n-  Neufi^ 
River,  and  from  dience  a  llraight  Line  to  the  Head  of  Coi'd'fr)',  r\^zx  AnihcnyCccks''%.^'' 
and  that  all  that  Part  of  the  faid  Parilh  of  St.  Patrick,  as  it  now  ftands  entire  a'nd 
undivided,  which  lies  to  tiie  Eaftward  of  the  aforefaid  Bounds,  fliall  retain  the  Name 
of  St.  Patrick,  and  be  one  diftind  PariQi  :  And  that  all  that  Part  of  the  faid  Pjiriflv 
which  lies  to  the  Wefl:ward  of  the  faid  Bounds,  fliall  be  one  other  diftind  Parifli,  shd'' 
be  called  by  the  Name  of  ^/.  Stephen,  and  be  exempt  from  all  Dependencies,  C^ffice?;- 
ik  I  .;.  •     ...    .  ■  ChargVsi' 


L    A   IV  S      o/'      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  r^g 

Charges,  and  Contributions,  for  or  in  Refpcft  of  the  faid  Parifh  of  St.  Patrick^  and   ■'•  ^-    '75^' 
all   other   Parochial  Duties   whatsoever   relating  to  the    fame-,  and  Ihall  and  may,     Wi— >~— ' 
from  Time  to  Time,  have,  hold,  and  exercife,  the  like  Authorities  and  Pov/crs, 
and  polfefs  and  enjoy  the  lame  Immunities  and  Privileges,  as  other  Pariihes  in  this 
JProvince. 

■  III.  AND  be  it  further  Enacted,  by  the  Authcrity  afcrefaid.  That  the  Veftry  of  P^'i'-ii'^-^'^^^- 
the  aforefaid  Parifh  of  St.  Patrick,  as  it  now  is  undiviucd  and  entire,  fhall  from 
henceforth  be,  arid  is  hereby  dilfolved  and"  made  void  to  all  Intents  and  Purpoles. 
Provided  neverthdefs.  That  all  Acts  of  the  faid  Veftry  heretofore  legally  made  and 
done,  are  hereby  declared  to  be  as  good  and  valid,  as  if  tliis  Ad  had  never  been 
made. 

,  IV,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Freehold-  farifte?  to  eleft 
ers  of  the  laid  Parifli  of  St.  Patiick,  as  tiie  fame  fliaJl  Hand  divided  from  the  afore-  ^'"""* 
faid  Parilh  of  St.  Stephen,  fliall,  and  are  hereby  impowered  and  required,  to  meet 
at  the  Court-Houfe  of  the  faid  County  of  Johvflon,  on  the  Third  Tuejday  in  No- 
vember next^  then  and  there  to  choofe  and  eledl  Twelve  Freeholders  of  the  faid  Pa- 
riOi,  to  ferve  as  Veftrymen  of  the  fame.  And  the  P>eeholders  of  the  faid  Parilh  of 
St.  Stephen  fliall,  and  they  are  hereby  impowered  and  required,  to  meet  at  the  Houfe 
of  Mr.  Samuel  Smith,  on  Ncufe  River,  in  the  faid  Parilh,  on  the  Fourth  Tuefday  in 
November  next,  then  and  there  to  ele6l  and  choofe  Twelve  Freeholders  of  the  faid 
Parifh,  to  ferve  as  Veftrymen  of  the  faid  Parifh  :  Which  Eledlions  fhall  be  made  by 
the  Sheriff  of  the  faid  County  oijihnfton,  under  the  like  Rules  and  ReftriCtions, 
Pains  and  Penalties,  as  well  in  Relpe^^t  to  the  laid  Sheriff,  as  the  Freeholders  of  the 
faid  Parifhes,  as  other  Elections  ol  Veftries  in  this  Province  are  by  Law  appointed 
to  be  made.  And  the  faid  Freeholders  fo  elefted  for  the  faid  Parifhes  re  peCtively, 
within  Forty  Days  after  being  elected,  fliall,  before  a  Magiftrate  of  the  laid  County 
of  Johnfion,  take  the  Oaths  by  Law  appointed  to  be  taken  fur  the  Qtialification  of 
Public  Officers,  and  repeat  and  fubfcribe  the  Declaration  directed  to  be  made  by  the 
Ad  of  Afl^embly,  intituled,  An  Ait  for  appointing  Parifl.es  and  Veflries,  for  the  En- 
couragement of  an  Orthodox  Clergy,  for  the  Advancement  of  the  Proteftant  Religion,  and 
for  the  Bire^ion  of  the  Settlement  of  Pariflo  Accounts,  and  alio  repeat  and  fublcribe  the 
Teft ;  and  fhall  be,  and  are  hereby  declared,  from  thenceforth,  to  be  the  Veftries 
of  the  faid  Pariflies  lefpedively,  until  the  ufual  Time  of  electing  Veftries  in  other 
Pariflies  •,  and  fliall  and  may,  and  are  hereby  required,  to  exercife  and  ufe  the  fame 
Powers  and  Authorities,  as  other  Veftries  in  this  Province  may,  can,  or  ought  to 
exerci  e;  and  fliall  be  liable  to  the  fame  Penalties  and  Forfeitures  as  other  Veftries, 
or  Perfons  eleded  Veftrymen,  are  in  any  Manner  fubjedl  to.  And  the  Veftrymen 
of  the  faid  Pariflies  refpettively,  or  the  Majority  of  them,  when  qualified  as  afore- 
faid, fliall  choofe  Churchwardens  for  the  faid  Pariflies,  who  fhall  continue  in  Ofhce 
until  the  ufual  Time  of  eleding  Churchwardens  in  the  enfuing  Year,  at  which  Time 
the  faid  Veftries  fliall  again  choofe  Churchwardens. 

t- 

V.     A  N  D  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  all  and  every   Repealing  chufe. 
Ad  and  Ads,  and  every  Claufe  and  Article  therein,  heretofore  made,  as  far  as 
relates  to  any  Matter  or  Thing  within  the  Purview  of  this  Ad,  is  and  are  hereby 
from  henceforth  repealed  and  made  void. 

CHAP.     XXI. 

An  A.l  for  laying  a  Tax  on  the  Inhabitants  of  the  Parifhes  of  St.  Patrick  and  St.    Thi.Aa  had  its 

Stephen.  ^*^""^"^' 


CHAP. 


200 


L  A  (V  S    of    Nokth-Carolina. 


J.  D.    1756. 


rrj  vati. 


C">')nties  re 


-jftl- 


tjztis  for  Land  J 
ja  fuch  Counties 
declared  vdlid. 


Rny.il  Prerogative 
of  grannng  Clur- 
ters  of  Incurpofd. 
tioc. 


CHAP.     XXII. 

^n  Act  to  re~ejlablijh  the  CouMies  of  Rowan,  Cumberland,  and  Orange. 

I.  YTTHEREASan  Aft  for  erefting  the  upper  Part  of  Avfon  County  into  a 
V V  County  and  Parilli,  by  the  Name  of  Rowan  County,  and  St.  Luke's  Pa- 
rifh,  and  for  appointing  a  Place  for  holding  a  Court  in  the  faid  County ;  an  Aft, 
intituled,  An  A51  for  eretling  the  upper  Part  of  Bladen  Coiihty  into  a  County  and  Pa- 
Hfb,  by  the  Name  of  Cumberland  County.,  and  St.  David'j  Pariflo  -,  and  An  Atl  for 
dividing  Part  of  Granville,  Johnllon,  and  Bladen  Counties.,  into  a  County  and  Parifb, 
hy  the  Name  of  Orange  County >,  and  the  Parifj  of  St.  Matthew,  and  for  appointing 
Vefirymen  for  the  faid  Parifh.,  and  other  Purpojes  therein-mentioned.,  have  been  repealed 
by  an  Afty  intituled,  nn  Act  for  re-eftablifking  federal  Counties  and  Tozins,  and  for 
other  Purpofes :  And  whereas  his  Majefty  has  been  gracioufly  pleafed,  by  his  Royal 
Inftruftions,  to  authorize  his  Excellency  the  Governor  to  give  his  AfTcnt  to  an  Aft 
to  re-cftablifli  the  Counties  aforefaid ; 

!l.  B  E  it  therefore  Enacted^  by  the  Governor^  Council^  and  Affembly.,  and  by  the 
Authority  of  the  fame.,  That  the  feveral  Divifions  or-Dillrifts  of  this  Province  which 
have  heretofore  belonged  to  the  relpeftive  Counties  aforefaid,  before  the  Repeal  of 
the  before-recited  Adts  of  Affembly,  fhall,  and  are  hereby  declared  to  be  re-efta- 
blifhed  into  Counties,  by  the  relpective  Names  by  which  each  County  or  Diftrict, 
at  the  Time  of  the  repealing  the  aforefaid  Acts,  was  known  and  denominated  ;  and 
tach  of  the  faid  Counties  Ihall  be  limited  and  bounded  according  to  the  Bounds  and 
Limits  heretofore  known  and  reputed  to  be  the  Bounds  and  Limits  thereof. 

III.  AND  be  it  further  Enacted.,  That  all  Deeds  and  Conveyances  for  the  con- 
veying of  any  Lands,  Lots,  or  Tenements,  in  either  of  the  faid  Counties,  to  'any 
Perfoh  or  Perfons  whatfoever,  either  to  the  Ufe  of  the  Public  or  to  their  own  Ufe, 
in  Confequence  of  the  faid  Acts  of  Affembly  fo  repealed  as  aforefaid^  Ihall,  and  are 
hereby  declared  to  be  g  od  and  valid  in  Law,  and  (hall  enure  and  take  Effect  as 
fully,  to  the  Benefit  of  the  Grantees,  their  Heirs  and  Affigns,  and  all  other  Perfons, 
concerned,  as  if  the  fame  had  never  been  repealed. 

IV.  PR  OVID E D  altvays.,  That  nothing  herein  contained  fhall  be  conftrued, 
deemed,  or  taken,  to  alter  or  derogate  from  the  Rights  and  Royal  Prerogative  of 
his  Majefty,  his  Heirs  or  Succeffors,  of  granting  Letters  of  Incorporation  to  the 
faid  Counties,  and  of  ordering,  appointing,  and  directing  the  Election  of  a  Member 
or  Members  to  reprefent  them  in  Affembly,  and  of  granting  Markets  and  Fairs  to 
be  kept  and  held  in  therri  reipeftively  j  but  that  the  faid  Right  and  Prerogative  fliall 
and  may,  at  all  Times  hereafter,  be  exercifed  therein  by  his  faid  Majefty,  his  Heirs 
or  Succeffors,  in  as  full  and  ample  Manner,  to  all  Intents  and  Piiipofes  whatfoever, 
as  if  this  Aft  had  never  been  made. 


Private. 


Parifhes   confjli- 

cUtvtl. 


.CHAP.     XXIII.     - 

An  Act  for  confolidatin'g  the  Parifhes  of  St.  John  and  'St.  Peter,   in  the  Count j  of  Paf- 

quotank. 

1.  TT  THERE  AS  the  Parifhes  of  St.  John  and  St.  Peter,    in  the  County  of 
y  V     Pafquotank.,    by  Reafon  of  the  fmall  Number  of  Taxables  in  them,  arc 
not  able  to  fupport  Clergymen  to  ferve  the  refpeftive  Cures  thereof: 

II.  BE  it  therefore  Enacted.,  ly  the  Governor.,  Council.,  and  Affembly.,  and  by  the 
Authority  of  the  fame..  That  the  aforefaid  Parifhes  oi  St.  John  and  St.  Peter  fhall  be, 
and  are  hereby  united  and  confolidated,  and  from  and  after  the  paffing  of  this  Aft 
fhall  be  united  and  confolidated,  and  remain  one  entire  Parifli,  and  be  called  and 
known  by  the  Name  of  the  Parifli  of  St.  John  j  and  fhall  and  may,  from  Time  to 

Time, 


L    A   IV  S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


Time,  have,  hold,  and  exercife,  the  Hke  Authorities  and  Powers,  and  pofiefs  and 
enjoy 'the  lanie  Immunities  and  Piivileges,  as  any  other  Parilh  in  this  Province. 
And  the  Free.holders  of  the  iaid  Parilh  of  St.  John  Ihall,  and  are  hereby  required, 
to  meet  at  the  Court-Houfe  of  the  aforefaia  County  of  Pajquotank,  on  the  Firft 
Tuefday  in  Dece:nber  next,  then  and  there  to  eled:  and  chdofe  1  wcive  Freeholders  of 
the  laid  Parilh,  to  ferve  as  Vcilrymen  thereof;  which  Eledioh  Ihall  be  made  by  the 
Sheriff  of  the  laid  County  of  Pafquoiank,  under  the  like  Rules  and  Rcih-idtionS, 
Pains  and  Penalties,  as  well  in  ReipeCt  to  the  laid  Sheriff;  as  the  Freeholders  of  the 
faid  Parilh,  as  other  Eleftions  of  Veftries  in  this  Province  are  by  Law  appointed  to 
be  made.  And  the  faid  Freeholders  lb  eledled  for  the  laid  P.rifli,  within  i^orty  Days 
after  being  elected,  Ihall,  before  a  Magiftrate  of  the  faid  County  ot  P^_/2/^c/fi;z>,  take 
the  Oaths  by  Law  appointed  to  be  taken  for  the  Qiialification  of  Puolic  Olficers, 
and  repeat  and  fubfcnbe  the  Declaration  direfted  to  be  made  by  an  Adt  of  AfTcmbly-j 
intituled.  An  A:l  for  appointing  PariJIjes  and  Veftries^  for  the  Encouragement  of  an 
Orthodox  Clergy,  for  the  Advancement  of  the  Iroteftant  Rtligion^  and  for  the  Dire3tion 
of  the  Settlement  of  Parifn  Accounts,  and  alfo  repeat  and  fubfcribe  the  Teft  -,  and  fhall 
be,  and  are  hereby  declared  from  thenceforth  to  be  the  Veifry  of  the  (aid  Parilh, 
until  the  ulual  Time  of  electing  Veftrymen  in  other  Pariflies  •,  and  fhall  and  may, 
and  are  hereby  required,  to  exercife  and  ufe  the  fame  Powers  and  Authorities,  as 
any  other  Veltry  in  this  Province  may,  can,  or  ought  to  exercife,  and  Ihall  be  liable 
to  the  fame  Penalties  and  Forfeitures  as  other  Veilries,  or  Perfons  cleded  Veftry- 
men, are  in  any  Manner  fubjed  to.  And  the  Veftrymen  of  the  faid  Panfh,  or  thie  churct,w^rdensto 
Majority  of  them,  when  qualified  as  aforefaid,  Ihall  choofe  Churchwardens  for  the  '''  '''"'"'"• 
faid  Parilh,  wlio  fliall  continue  in  Office  uniil  the  ufual  Time  of  eleding  Church- 
wardens in  the  enluing  Year,  at  which  Time  the  laid  Vcftry  Ihall  again  ehoofe 
Churchwardens. 

•     III.     A  N  B  he  it  further  EnaHed,  hy  the  Authority  aforefaid^  That  all  and  every   Repealing  ciaufe. 
other  A5t  and  A6ts,    Claufe  and  Claufes  thereof,    heretofore  made,    for  fo  much 
.thereof  as  relates  to  any  Matter  or  Thing  within  the  Purview  of  this  Adt,  is  and  are 
hereby  from  henceforth  repealed  and  made  void,  to  all  Intents  and  Purpofes. 


C  FI  A  P.     XXIV. 

Art  Acl  for  diviJing  the  ParifJo  of  Edgcomb,    in  the  County  of  Edgcomb,    into  two 

difiin£i  Parijles. 

I.  "^  ^IJ"  H  E  R  E  A  S  the  Parifh  of  Edgcomb,  in  the  County  o{  Edgcomb,  is  of  fuch   I'lWate. 
larofe  Extent,  that  no  Minifter  will  ferve  the  Cure  thereof: 


II.  B  E  it  Ena^edi  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
cf  the  fame.  That  from  and  after  the  palhng  of  tliis  Ad,  the  laid  Parilh  oi  Edgcomb 
ftiall  be  divided  as  fol!ov/s,  to  wit.  Beginning  at  Cun£fa  Creek,  where  the  Line  of 
the  faid  Parifh  crolTes  the  fame,  and  up  the  faid  Creek,  as  it  Meanders,  to  the  Head 
thereof,  and  from  thence  a  ftraight  Courfe  to  FifJoing  Creek,  at  or  near  Michael 
Borman'si  and  up  the  fiid  Creek  to  the  Line  which  divides  the  faid  Parifh  of  Edg- 
comb from  the  Parilh  of  St.  John ;  and  that  all  that  Part  of  the  faid  Parifh  of  Edg- 
comb, as  it  now  ftands  entire  and  undivided,  which  lies  to  the  Northward  of  the 
aforefaid  Bounds,  fhail  retain  the  Name  of  Edgcomb,  and  be  one  diftinct  Parifh  ; 
and  that  all  that  Part  of  the  faid  Parlfli,  which  lies  to  the  Southward  of  the  faid 
■Bounds,  fhal!  be  one  diftinct  Parifh,  and  be  called  by  the  Name  of  6"/.  Mary,  and  be 
exempt  from  all  Dependencies,  Offices,  Charges,  or  Contributions,  for  or  in  Refpect 
of  the  faid  Parifn  o(  Edgcomb,  and  all  other  Parochial  Duties  whatfoever,  reiatinp-  to 
the  fame  ;  and  fliall  and  may,  from  Time  to  Time,  have,  hold,  and  exercife,  the 
like  Authorities  and  Powers,  and  poflefs  and  enjoy  the  fame  Immunitk^s  and  Privile- 
ges, as  other  Parifhes  in  this  Province. 

Co  Til.  AND 


Patirti  divide<3. 


2P2  L  A  py  S    of    North-Carolina. 


F.,n(}idilTjlved. 


ry  to 
trymen. 


A.  D.  1756.  Ill,  A  N D  be  it  further  Ena5ied^  by  the  Authority  afcrefaid.  That  the  Veftry  of 
the  aforefaid  Parifh  oi  Edgcomb^  as  it  now  is  entire  and  undivided,  fhall  from  hence- 
forth be,  and  is  hereby  diffolved  and  made  void,  to  all  Intents  and  Purpofes  :  And 
the  Freeholders  of  the  laid  Parilh  oi  Edgcomb,  as  the  fame  Ihall  ftand  divided  from 
the  aforefaid  Parifh  of  St.  Mary.,  fhall,  and  are  hereby  impovvered  and  required,  to 
meet  at  the  Court-Houfe  oi  the  faid  County  of  Edgcomb  on  the  Fourth  T'uefday  in 
November  next,    then  and  there  to  ele6t  and  choofe  Twelve  Freeholders  of  the  faid 

Piiifhcfst  Ma-  Parifh,  to  ferve  as  Veflrymen  of  the  fame.  And  the  Freeholders  of  the  faid  Parifh 
'ea  Vef.  ^^  ^^^  Mary  fliall,  and  they  are  hereby  impowcred  and  required,  to  meet  at  the 
ehappel  on  Tar  River,  near  Elias  Fort's,  in  the  faid  Parifh,  on  the  Second  Tuejday 
in  December  next,  then  and  there  to  eled  and  choofe  Twelve  Freeholders  of  the  faid 
Parifh,  to  ferve  as  Veftrymen  for  the  faid  Parifh ;  which  Elections  fhall  be  made 
by  the  Sheriff  of  the  faid  County  of  Edgcomb.,  under  the  like  Rules  and  Reftriflions, 
Pains  and  Penalties,  as  well  in  Refpedl  to  the  faid  Sheriff,  as  the  Freeholders  of  the 
faid  Panfhes,  as  other  Elections  of  Veftries  in  this  Province  are  by  Law  appointed 
to  be  made.  And  the  faid  Freeholders  fo  elected  for  the  faid  Parilhes  refpedtively, 
within  Forty  Days  after  being  ele6ttd,  fhall,  before  a  Magiftrate  of  the  faid  County 
of  Edgcomb.,  take  the  Oaths  by  Law  appointed  to  be  taken  for  the  Qiialifioation  of 
Public  Officers,  and  repeat  and  fubfcribe  the  Declaration  dire6ted  to  be  made  by 
the  Aft  of  Alfembly,  intituled,  Ati  Act  for  appointing  Parifljes  and  Veflries,  for  the 
Encouragement  of  an  Orthodox  Clergy.,  for  the  M-vancement  of  the  Protcflant  Religion^ 
and  for  the  Direction  of  the  Settlement  of  Parifh  Accounts.,  and  alfo  repeat  and  fubfcribe 
the  Teft,  and  fhall  be,  and  are  hereby  declared,  from  thenceforth,  to  be  the  Vef- 
tries of  the  faid  ParilTies  refpettively,  until  the  ufual  Time  of  electing  Veftrymen  in 
other  Parilhes  ;  and  Ihall  and  may,  and  are  hereby  required,  to  exercife  and  ufe  the 
fame  Powers  and  Authorities,  as  other  Veftries  in  this  Province  may,  can,  or  ought 
to  exercife  •,   and  ihall  be  liable  to  the  fame  Penalties  and  Forfeitures  as  other  Vef- 

And  choofe  tties,  or  Perfons  elected  Veftrymen,  are  in  any  Manner  fubject  to.      And  the  Vef- 

churchwardens.  ttymcn  of  the  laid  Parifhes  refpectively,  or  the  Majority  of  them,  when  qualified  as 
aforefaid,  fhall  choofe  Churchwardens  for  the  laid  Parifhes,  who  fhall  continue  in 
Office  until  the  ulual  Time  of  electing  Churchwardens  in  the  enfuing  Year,  at  which 
Time  the  faid  Veftries  fhall  again  choOfe  other  Churchwardens. 

vejrie,  to  lay  a  jy_  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  faid  Vef- 
tries refpectively  fhall,  and  are  hereby  required,  to  lay  a  Tax  on  the  taxable  Per- 
fons in  their  refpective  Parilhes,  fufficient  to  defray  the  contingent  Charges  of  them 
for  the  prefent  Year;  which  Taxes  fhall  be  coUecteJ,  accounted  for,  and  paid  in 
the  fame  Manner  as  other  Parifh  I'axes  j  any  Law,  to  the  contrary,  notwith- 
ftanding. 

''v"t?rt«^ve'^'*  ^-  ^^^  ^^  ii  further  Enabled,  by  the  Authority  aforefaid.  That  the  Veftry  of 
Debts  of  Edgcomb  the  faid  Parifh  of  6'/.  Mary  fhall  and  may  take,  receive,  and  keep,  to  the  Ufe  of 
*'*"^*  the  faid  Parifh,  all  fuch  Sum  or  Sums  of  Money  as  have  been  collected  of  the  Taxes 

impofed  and  laid  by  the  prefent  Veftry  of  the  Parilh  of  Edgcomb,  and  fliall  ftand 
chargeable  to  the  feveral  Creditors  of  the  fame,  for  all  Debts,  Dues,  and  Demands, 
now  owing  from  the  faid  Parifli,  except  fuch  Debts  as  were  owing  from  the  faid 
Parilh  of  Edgcomb  at  the  Commencement  of  the  prefent  Veftry  of  the  faid  Parifh ; 
which  faid  Debts  fliall  be  paid  by  the  faid  Parifhes  of  Edgcomb  and  St.  Mary,  in 
Proportion  to  the  Number  of  Taxables  in  them  refpectively,  at  the  Time  of  pailing 
this  Aft. 

ffom'"Tn''pope,  ^^-  AND  whcfeas  there  is  a  confiderable  Sum  of  Money  due  to  the  faid  Parifli 
appropriated,  oi  Edgcomb  from  John  Pope,    late  Sheriff  of  £'(i^c<7wZ' County,    and  others,    which 

ought  to  be  equally  divided  amongft  the  Inhabitants  of  the  aforefaid  Parifhes  of 
Edgcomb  and  St.  Mary,  after  the  aforefaid  Divifion  takes  Place ;  Be  it  therefor^ 
EnaSled,  by  the  Authority  aforefaid.  That  the  faid  John  Pope  fliall  account  for  all 
Money  by  him  owing  to  the  laid  Parifh  of  Edgcomb,  and  pay  the  fame  to  the  Ho* 
nourable  John  Daivfon,    Efquire,    and  Robert  Jones,    Eiquire,    v/ithin  One  Month 

after 


LAWS    of    North -Carolina. 


203 


after  the  pafflng  of  this  Aft,  who  are  hereby  impowered,  authorized,  and  required,  ^- D.  1756. 
to  demand,  take,  and  receive  the  fame ;  and  in  Cafe  the  faid  John  Pope,  or  the  ^■'*V*— >* 
Perfon  or  Perfons  in  Arrear  as  aforefaid,  fhall  negled  or  refufe  to  pay  the  fame, 
according  to  the  Direftions  or  this  Aft,  it  Ihail  and  may  be  lawful  for  the  Supreme 
Court  holden  at  Enfield^  upon  Motion  of  the  faid  John  Daw/on  and  Robert  Jones,  to 
grant  Judgment  againil  the  iaid  John  Pole,  or  other  Jr'erion  or  Pcrfons,  for  all  iuch 
Sums  of  Money  as  he  or  they  have  or  ought  to  have  received^  as  Colleftor  of  the 
laid  Parilh  of  Ec.gcomb,  and  to  award  Execution  thereupon. 

VII.  ANT)  be  it  furthtr  Enacled,  by  the  Authority  aforefaid.  That  the  faid  John  Monies  to  be  paid 
Daivfon  and  Robert  Jones,  atter  thty  fhall  have  received  from  the  faid  John  Pope,  ^^^  ?"'<!'«. 
or  any  other  Perlbn  or  Perfons,  the  Money  aforefaid,  fhall,  and  are  hereby  required^ 
to  pay  and  fatisfy  the  fame  to  the  refptftive  Vcftries  of  the  laid  Parifhes  of  Edgcomb 
and  St.  Mary,  in  Proportion  to  the  Number  of  taxable  Perfons  in  the  faid  Parifhes, 
after  dedufting  Five  per  Cent,  for  their  Trouble  in  receiving  and  paying  the  fame^ 
and  fuch  Charges  and  Expences  as  they  fhall  be  at  in  recovering  the  faid  Money* 


SIGNED     by 

Art Hi/R  DoBBs,  Efq-,  Governor; 
Matthew  Rowan,  Prefident, 
Samuel  Swann^  Speaker. 


******** 


C  c  2  ANNO 


204  L  A  IV  S    of    Nokth-Carolina. 


A.  D.    1757. 


A  N  N  O     R  E  G  N  I 

G    E    O    R    G    I    I      II. 

REGIS 

MAGN^  BRITANNIA,  FRANCIS,  &   HIBERNIJE, 
T  R  I  C  E  S  S  I  M  O. 


ARTHUR    At  a  General  ASSEMBLY,    bezan  and  held  at  Neivbern,    on   the 

DOBBS.Ef^;  ° 

Governor.  Twelfth  Day  of  December,    m  the  Year  of  our  Lord  One  Thoufand 

Seven  Hundred  and  Fifty  Four  3  and  from  thence  continued,  by  feveral 
Prorogations,  to  the  Sixteenth  Day  of  May,  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Fifty  Seven :  Being  the  Fourth 
Seffioxi  of  this  AfTembly. 


C  H  A  P.     L 

Iff  a^'*  ^^^ '"    ^^  A5i  for  granting  a  further  Aid  to  his  Majejiy,  for  the  Ajfiflance  of  South  Carolina, 
and  the  'Defence  of  the  'frontiers  of  this  Province,  and  other  Purpofes. 

The  A«  which    C  H  A  P.  2.     An  A5i  to  revive  an  Act  for  facilitating  the  Navigation  of  Port  Bath, 
^his^revivcs,  ex-  p^^.^  Roanoke,  and  Port  Beaufort. 

3.  An  Act  to  revive  an  Act  to  eftahlijh  a  Puhiic  Ferry  from  NewbyV  Point 
to  Phelps' J  Point,  whereon  the  Court-Honfe  nowfands,  on  Perqui- 
mans River.     E  X  P. 

CHAP.     IV. 

An  Act  for  finifhing  the  Church  in  Wilmington. 


i'nvjiie. 


I.  T  T  7  H  E  R  E  A  S  by  Virtue  of  an  A6t  of  AfTembly,  pafled  in  tlie  Year  One 

YY     Thoufand  Seven  Hundred  and  Fifty  One,  intituled,  An  /let for  br.i'ding 

a  Church  in  Wilmington,    in  St.  JamesV  Parip,   in  New  Hanover  County,  certain 

Commiflioners 


L    A    JV  S      of       N  O  R   T  H  -  C  A  K  O  L   I 


^'  20 


CommilTioners  therein  named  have  received  the  Taxes  which  were  laid,  and  the  ■^-  D.  1757 
Sums  which  were  lublcribcd,  or  Part  of  them,  lor  and  toward  buildinp-  the  laid  *" — '^ — '' 
Church,  and  have  cauled  Parr  of  the  Walls  of  the  faid  Church  to  be  builr,'^but  have 
not,  for  Tome  Months,  made  any  Progrefs  in  the  faid  Work,  nor  have  they  ren- 
dered Accounts  of  what  Money  has  been  received  and  expended  for  the  faid  Build- 
ing :  In  Order  therefore  to  finifh  the  faid  Church,  to  bring  to  Account  all  thofe 
who  have  been  concerned  in  receiving  and  paying  Money  tor  the  lame,  as  well  as 
thofe  who  are  ftill  in  Arrear  for  the  Taxes  and  bubfcriptions  allotted  to  the  faid 
Church ; 

II.  BE  it  Ena5fed,  by  the  Governor,  Council,    and  Ajjemlly,    and  h  the  Authority  conm-m-neri 
of  the  farm.  That  John  Du  Bois,  Cornelius  Harnett,  and  George  IVakely,  Efquires,  or  ^ppintejfr 
the  Majority  of  them,  be,  and  are  hereby  conftituted  and  appoitned  Commiffioners  ciiS. '""^ 
for  nniiliing  the  faid  Church,  in  the  Room  and  Scead  of  the  Commiffioners  appointed 

in  and  by  the  Ad  herein  betore-recited,  with  lull  Power  and  Authority  to  them  the 
faid  John  Du  Bois,  C'jrneli::s  Har:icit,  and  George  H^akcly,  or  the  Majority  of  them, 
to  account  with  the  former  Commiffioners,  or  any  of  them  who  have  received 
Money  or  Effects  for  the  Furpofe  aforefaid ;  and  alfo  to  bring  to  Account  every 
Sheriff  who  is  in  Arrear  for  I'arifh  Taxes  appropriated  to  the  laid  Church,  and  all 
Perlons  who  have  neglefted  to  pay  the  Sums  by  them  refpeftiveiy  fubfcribed  :  And  with  pnwer  to 
if  any  former  Commiffioner,  the  Executors  or  Adminiitrators  of  any  Commiffioner  '^"'  "''^'■''  ^"'"" 
any  Sheriff,  or  other  Perfon  in  Arrear,  or  fufpccted  to  be  in  Arrear  as  aforefaid,  or  t!i'  17"  u,'t.  *'' 
having  any  Money  or  MuLerials  which  have  been  appropriated  for  buildincr  the  faid 
Church,  in  his  or  their  Cuftody,  fnall  retufc  or  neglect,  on  Requcft  to  him  or  them 
made,  to  account  wich  the  laid  John  Du  Bois,  Cornelius  Harnett,  and  Gcor^^e  IVakely 
or  the  Majority  of  them,  upon  Oath,  or  to  produce  Vouchers  where  the  Nature  of 
the  Cafe  requires,  and  to  pay  the  Baliance  by  hini  or  them  refpectively  due,  then, 
upon  iuch  Refufal  or  Negledt,  it  (hall  be  lawful  for  the  Supreme  Court  at  Wilmir.'r- 
ton,  or  for  the  County  Court  oi  New  Hanover  (where  the  Sum  is  within  the  Jurif- 
diftion  of  that  Court)  upon  Motion  of  the  faid  John  Du  Bois,  Cornelius  Harnett, 
and  George  IVakely,  or  the  Majority  of  them,  to  give  Judgment  againft  fuch  Com- 
miffioner, Sheriff,  or  other  Pcrfon  or  Perfons,  for  all  the  Money  wherewith  he  is,  or 
they  are  chargeable,  for  the  Purpofe  aforefaid,  and  thereupon  to  award  Execution 
againft  the  Goods  and  Chattels,  Lands  and  Tenements,  of  fuch  Commiffioner,  She- 
riff, or  other  Perfon  ;  provided  that  fuch  Commiffioner,  Sheriff',  or  other  Jr'erfon, 
Ihall  have  Ten  Days  Notice  of  Iuch  Motion. 

III.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  faid  Com-  Ccmmifiioners  to 
miffioners,  or  the  Majority  of  them,  ffiall,  every  Year,  at  the  firft  Meeting  of  the  Veii""'  Il'f  th^^ 
Veftry  of  5/.  ^-S'^^-f's  Parilh,  d,\\.tx  Eafter  Monday,  render  to  the  faid  Veftry,  upon  whhVheAif.m> 
Oath,  a  fair  and  juft  Account  of  all  the  Money  and  Effeds  they  fhall  have  received  ''^' 

and  expended  by  Virtue  of  the  Truft  hereby  in  them  repofed ;  and  the  faid  Veftry 
ftiall  tranfmit  to  the  Seffion  of  the  General  Afiembly  next  after  their  faid  Meeting, 
a  Duplicate  of  the  faid  Accounts,  with  their  Report  thereupon. 

IV.  AND  be  it  further  Enacted,  That  the  faid  Commiffioners,  or  the  Majority  q,,^j^-((^  „, 
of  them,  ftiall  proceed  in  building  and  finiftiing  the  laid  Church,  as  far  as  the  Sums  prr«    m"" 
and  Materials  they  fliall  receive  by  Virtue  of  this  Aft  will  enable  them  ;  and  in  fuch  f;«e<i"''b"''  u!; 
building  and  finifliing  ftiall  be  guided  by  the  Direftiions  of  the  Veftry  of  St.  James\  Vea.y.    ^ 
Parifti,  which  they  ftiall  from  Time  to  Time  receive. 

CHAP.     V. 

An  Act  for  further  continuing  an  Act,  intituled.  An  Aft  for  tlie  Encouragement  of 
Ja-nes  Davis  to  kx.  up  and  carry  on  his  Bufinefs  of  a  Printer  in  this  Province, 
and  ior  other  Purpofes  therein-mentioned.     E  X  P. 

SIGNED  by  Arthur  Dobes,  Efq;  Governor. 

Matthew  Rowan,  PreliJent. 
V,  Samuel  Swann,  Speaker. 

ANNO 


206 


A.  D.    175;. 


LAWS    of    North-Carolina. 


%#  ^#  %#  %#  ^J  %^;«n^%#    %^  %^  %^   %,^ 

^%  ^  ^^  #%  ^%  ^%i«Lj^^  ^% 


ANNO       REGNI 


G   E   O   R   G   I   I    II. 

REGIS, 

MAGNiE    BRITANNIA,     FRANCI^E,    &    HIBERNIJE, 

TRICESSIMO     PRIMO. 


y^RTHUR    At  a  General  ASSEMBLY,    begun  and  held  at  Ntwhern^    on  the 

DOBBS,  Efq; 

Governor.  Twelfth  Day  of  December^   in  the  Year  of  our  Lord  One  Thoufand 

Seven  Hundred  and  Fifty  Four,  and  from  thence  continued,  by  feveral 
Prorogations,  to  the  Twenty  Firft  Day  of  November^  in  the  Year  of 
our  Lord  One  Thoufand  Seven  Hundred  and  Fifty  Seven  :  Being  the 
Fifth  Seflion  of  this  Affembly. 


CHAP.     L 

Vsiet^  '** '"    ^^  A£l  for  granting  a  further  Aid  to  his  Majejly^  for  fubftfiing  the  Forces  neceffary  to  be 

kept  in  the  Pay  of  this  Province^  and  for  other  Purpofes. 


Preamble, 


CHAP.     IL 

An  A^  to  enable  the  Commiffioners  of  Fort  Johnfton  and  Fort  Granville  to  finiffo  the 
Forts,  and  tj  ere5l  Barracks  for  accommodating  the  droops  in  the  fame. 


I.  TTTHEREAS  the  Commiffioners  appointed  to  build  Fort  fohnfkn  and. 
y  Y     Fort  Granville  have  not  Public  Money  in  their  Hands  to  finifli  the  faid 
Forts,    and  it  will  be  feveral  Years  before  the  Taxes  laid  for  raifing  the  fame  will 
be  paid  : 

powder  and  Lead        H.     B  E  it  therefore  Enacted^   hy  the  Governor,  Council,  and  Affemhly,  and  by  the 

Bfunfwick,  to"be    Authority  of  the  fame.  That  the  (aid  Commiffioners  of  Fort  Johnfton  Ihall  and  may, 

[lid'  Forf  "'"'and    ^"^^'^  Time  to  Time,  order  and  direft  the  Powder  Receiver  in  Port  Brunftvick  to 

buiidingBarracks.    fell  and  difpofc  of,  at  Public  Vendue,  Powder  and  Lead   by  him  received,  and  to 

be  received,   to  the  Amount  of  fuch  Sum  and  Sums  as  they  fhall  find  neceffary  for 

finiffiing  and  repairing  Fort  Johnfton  \    and  order  the  Monies  arifing  by  fuch  Sale, 

and  other  Monies  received,  or  to  be  received  by  the  faid  Receiver  qA  Account  of 

*  .  .  the 


L  A  IV  S     c/    North-Carolina. 


207 


the  faid  Duty,  to  be  paid  to  fuch  Perfon  or  Perfons  as  they  fhall  think  proper,  to  be 
applied  to  fimlhing  and  repairing  the  laid  Fort,  and  for  ereding  and  buildino-  Bar- 
racks  for  the  accommodating  fuch  Troops  as  now  ate,  or  hereatier  may  be  employed 
in  garrifoning  and  defending  the  faid  Fort. 

III.  AND  he  it  further  Enabled,  hy  the  Authority  aferefaid,  Tliat  the  Commif- 
fioners  of  Fort  Granville  fhall  and  may  order  and  direct  the  levcral  Powder  Receivers 
of  Port  Roanoke,  Port  Bath,  and  l* on  Beaufort,  Irom  Time  to  Time,  to  fell  and 
difpofe  of,  at  Public  Vendue,  Powder  and  Lead  by  them  refpedively  received,  or 
to  be  received,  to  the  Amount  of  fuch  Sum  or  Sums  in  the  laid  I'everal  Ports  ref- 
pecT:ively,  as  the  faid  lail  mentioned  Commiflioners  Ihall  find  neccflary  for  finifhing 
and  repairing  Fort  Granville ;  and  order  the  Monies  arifing  on  fuch  Sales,  and  any 
other  Monies  received,  or  to  be  received  by  the  Receivers  of  the  laid  Ports  to  be 
paid  to  fuch  Perfon  or  Perfons  as  they  fhall  think  proper,  to  be  applied  to  iinifhino- 
and  repairing  Fort  Granville  aforefaid,  and  for  erecting  and  buii^.ing  Barracks  for 
accomaiodating  fuch  Troops  as  now  are,  or  hereafter  fliall  be  employed  in  garrifon- 
ing and  defending  the  faid  Fort,  referving  fo  much  as  they  fhall  think  necelfary  for 
the  Ufe  of  the  fame  i  any  Aft  of  Aflembly,  to  the  contrary,  notwithrtandinCT 

IV.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  every  of  the 
laid  Receivers  fhall  give  Public  Notice,  by  Advertikment,  Pen  Days  before  he  fhall 
make  Sale  of  any  Powder  and  Lead  by  this  Acl  direded  to  be  fold. 


A.D.   ,757. 


AHo  the  Powdet 
and  Lead  belong- 
ing to  Hoits  Ro- 
anoke, Ejth,  and 
Beauloit,  toi  fi- 
ni/hintFuiiGran- 
villf,  and  build- 
ing Bartacks  iut 
the  Tame, 


Receivers  to  give 
10  Days  Ni  tic« 
of  S.ile  of  Pow- 
der and  Lead. 


CHAP.     III. 


An  AEI  for  further  amending  an  Acl,  intituled.  An  Act  for  amending  the  Staple  of  Ts-   R^pe^'ed  by  the 
bacco,  and  preventing  Frauds  in  his  Majeflfs  Cujtoms,  inipea;on  aq.. 


CHAP.     IV. 


An  Act 


to  impoti'er  the  Juflices  of  the  Supreme  Courts  to  take  the  /Acknowledgment  or   Provi^ 
Proof  of  Deeds,  and  for  allozving  the^n  a  Salary.  'f"-  S" 


•led    for  by 
peiior  Ctt. 
Aa,  p.iTfd  Nov. 
1761,  Cb^p.  1, 


CHAP.     V. 

An  Act  for  eflahlifhing  a  Town  on  the  Land  c/"  James  Leflie,  on  Roanoke  River. 

L  \%T  H  E  R  E  A  S  it  hath  been  reprefented  to  this  AfTembly  that  the  Land  of  PHv>te, 

VV_  J^'^es  Leflie,  lying  on  the  South  Side  of  Roanoke  River,  in  Edgcomb 
County,  is  a  healthy,  pf-afant  Situation,  well  watered,  and  commodious  for  Com- 
merce •,  and  fundry  Merchants,  and  Perfons  of  Note,  have  contraded  with  the  faid 
fames  Leflie  for  the  Purchafc  of  One  Hundred  Acres  of  the  faid  Land,  and  are  de^ 
firous  that  a  Town  fhould  be  ©reded  thereon,  for  promoting  the  Trade  and  Navi- 
gation of  the  faid  River: 

II.     B  E  it  therefore^Enacted,  hy  the  Governor,  Council,  and  Affemhly,    and  hy  the  "" 
Authority  of  the  fame,    1  hat  the  faid  One  Hundred  Acres  of  Land,  when  the  fame  ' 
fhall  be  laid  off,  according  to  the  Diredions  of  this  Ad,  be,  and  the  fame  is  hereby 
conflituted,  ereded,  and  eilablifhed  a  Town ;   and  fhall  be  called  by  the  Name  of 
Halifax. 


Town  of  Halifax 
nabLrhed. 


III.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  from  and 
after  the  pafTing  of  this  Ad,  Thomas  Barker,  Alexander  M'Culloch,  John  Gihfon, 
Richard  Br ownrig,  d.n(\  Robert  Jones,  the  younger,  be,  and  they,  and  every  of  them^ 
are  hereby  conflituted  Diredors  and  Truftccs,  for  defigning,  building,  and  carry- 
ing on  the  faid  Town  ;  and  they  fhall  fland  llized  of  an  indefeafible  Eftate,  in  Fee, 

in 


Cotrmillioners 
api'oinCLj  for 
buildini;  tbe 
Tuvva, 


208 


LAWS    of    North-Carolina. 


A.  D.  1757.  in  the  faid  One  Hundred  Acres  of  Land,  to  and  for  the  Ufes,  Intents,  and  Pur- 
poles,  hereby  exprelled  and  declared  j  and  they,  or  any  Three  of  them,'fhall  have 
lull  ii^ower  and  Authority  to  meet  as  often  as  they  Ihall  think  necellary,  and  to  ■ 
appoint  a  Public  Quay,  and  luch  Place  on  the  faid  River,  for  a  Public  Landing, ' 
as  to  them  lliall  feem  convenient;  and  to  lay  out  Four  Acres  of  the  laid  One  Hun- 
dred for  a  Market  Place,  and  other  Public  Buildings  -,  and  the  Refidue  thereof  into 
Lots,  Streets,  Lanes,  and  Alleys,  or  lo  much  of  the  fame  as  will  make  at  leaft 
One  Hundred  and  Twenty  Lots,  of  Half  an  Acre  each;  and  caufe  a  Plan  thereof 
to  be  made,  and  therein  to  inlert  Marks  and  Numbers  to  each  Lot. 


Right  of  the  Fer- 
»y  rfft-rved  to 

James  Leflie, 


IV.  PROV  ID  ED  neverthekfs.  That  nothing  in  this  A61  contained  fliall  be 
conllrued  or  extend  to  grant  i'owcr  to  the  laid  Direftors,  or  their  SuccefTors,  or 
any  other  Freeholder  ot  the  laid  Town,  to  keep  a  Public  Ferry  at  the  Landing  fo 
to  be  appointed  by  the  laid  Dire(::tors,  in  Prejudice  of  the  Ferry  of  the  faid  Jatnes 
Lejlie^  now  by  Law  eitabiiihed.  And  in  Calc  it  Ihould  hereaftrr  be  found  neceflary' 
to  ered  a  Public  Ferry  at  the  faid  Landing,  the  Right  of  keeping  the  fame  fhali 
remain  to  the  laid  James  Lejlie,  his  Heirs  and  Affigns,  until  he  or  they  fhall  refufe 
to  comply  with  tlie  I'erms  by  Law  prefcnbcd  lor  ereding  and  lijeeping  Public 
Ferries. 


CDmmiflionefs  to 
draw  the  L-Jts  Of 
faid  Tovvli. 


Lots    to  be  faved 
within  3  Years, 


Further  Time 
allowed    by    AiHs 
Nov.    1759,     Ch. 
8,  Oftober,  176J, 
Chap,  10. 


Piirchafe 
tf  LotJ. 


Money 


V.  AND  whereas  Subfcriptions  have  already  been  made  for  Orfe  Hundred  and 
Twenty  L^ts,  to  be  laid  oft'  in  the  faid  Town  •,  Be  it  further  Enacted,  by  the  Autho-, 
riiy  afcrefaid.  That  the  laid  Direftors,  or  the  Majority  of  them,  within  One  Month 
after  tiie  laying  off  the  laid  Town,  fliall  appoint  a  lime,  and  give  Public  Notice 
thereof,  for  meedng  the  faid  Sub.cribers  on  the  faid  Land,  for  determining  the 
Property  of  each  particular  Lot ;  which  fliall  be  done  by  Ballot,  in  a  fair  Manner, 
by  the  Direction  of,  and  in  Prelence  of  the  Majority  of  the  faid  Diredors  at  leaft ;. 
and  each  Subscriber  fliall  be  intided  to  the  Lot  or  Lots  which  fliall  happen  to  be 
drawn  for  him,  and  correlpond  with  the  Number  contained  in  the  Plan  of  the  faid^ 
Town  ;  and  the  faid  Diredors,  or  the  Majority  of  them,  fliall  make  and  execute 
Deeds  for  granting  and  conveying  the  Taid  One  Hundred  and  Twenty  Lots  to  the 
Subfcribers,  their  Heirs  and  Affigns,  for  ever-,  and  alfo  to  every  other  Perlbawho 
fhall  purchafe  any  other  Lot  or  Lots  in  the  laid  Town,  at  the  Cofts  and  Charges  of 
the  Grantee  to  whom  the  fame  fliall  be  conveyed  •,  and  every  Ferfon  claiming  any 
Lot  or  Lots  by  Virtue  of  any  fuch  Conveyance,  fhall  and  may  hold  and  enjoy  the 
fame  in  Fee-Simple. 

VI.  PROVIDED  neverthelefs.  That  every  Grantee  of  any  Lot  or  Lots  in 
the  faid  Town  fo  conveyed,  fliall,  v^ithin  Three  Years  next  after  the  Date  of  the 
Conveyance  for  the  fame,  ereft,  build,  and  finifli,  on  each  Lot  fo  conveyed,  one; 
well  framed  Houle,  Sixteen  Feet  fquare  at  the  leaft,  and  Ten  Feet  Pitch  in  the 
Clear,  or  proportionable  to  ftich  Dimenfions,  if  fuch  Grantee  fliall  have  Two  or 
more  Lots  contiguous :  And  if  the  Owner  of  any  Lot  fliall  fail  to  purfue  and  com- 
ply with  the  Diredions  in  this  Ad  prefcribed  for  building  and  finifliing  a  Houfc 
thereon,  then  fuch  Lot  upon  which  fuch  Floufe  fliall«not  be  built  and  finiflied,  fliall 
be  revefted  in  the  faid  Diredors  -,  and  the  faid  Diredors,  or  the  Majority  of  them, 
may,  and  are  hereby  impowercd  and  authorized,  to  lell  luch  Lot  for  the  beft  Price 
that  can  be  had,  to  any  Perlon  applying  for  the  fame,  in  fuch  Manner,  and  uftdcr 
fuch  Reftridions,  as  they  could  or  might  have  done,  if  fuch  Lot  had  not  before 
been  fold  or  granted. 

VII.  JND  k  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  refpedive 
Subfcribers  for  the  faid  One  Hundred  and  Twenty  Lots  fliall,  within  One  Month 
after  it  fliall  be  afcertained  to  whom  each  of  the  faid  Lots  doth  belong,  in  Manner 
herein  before-mentioned,  pay  and  fatisfy  to  the  faid  Diredors  the  Sum  of  l^orty 
Sh'llinc^s,  Proclamation  Money,  for  each  Lot  by  him  fubfcnbed  for-,  and  m  Lale 
of  the  Refufal  or  Negled  of  any  Subfcriber  to  pay  the  faid.  Sum,  the  laid  Diredors 
fliall  and  may  commence  and  profecute  a  Suit  in  their  own  Names,  for  ^J^f^^J"^'  ^nd 
tlfcrein  fliall  recover  Judgment,  with  Cofts  of  Suit.  vlll.  AISD 


LAWS    of    North -Carolina. 


109 


VIII.  AND  be  it  further  Enabled,  That  all  Monies  which  fhall  arife  by  a  Dif-  ^-  ^• 
pofal  of  the  faid  Lots,  granted  by  the  faid  Direftors,  and  their  SuccefTors,  in  Ex-  ^^^^^.^^^  ^ 
ecucion  of  this  Aft,  (hall  be  received  by  the  faid  Direftors ;  and  after  iheir  reafonable  <  f  Lots, 
Charges  and  Expences  are  deducT:ed,  Ihall  be  by  them  applied,  in  the  firft  Place,  ^'""''^* 
towards  paying  and  fatisfying  the  faid  James  Lejlie,  One  Hundred  and  Fifty  Pounds 
for  the  laid  One  Hundred  Acres  of  Land ;  and  in  the  next  Place,  in  building  and 
erefting  a  Bridge  over  ^mkey  Creek,  for  the  Convenience  of  Travellers,  in  going 
to,  and  returning  from,  the  faid  Town  ;  and  the  Overplus  thereof  towards  the 
Advantage  and  Improvement  of  the  faid  Town,  in  fuch  Manner  as  the  Majority  of 
the  faid  Dire6tors  ihall,  from  Time  to  Ti  ix,  think  convenient. 


'757- 

r    fate 
ippio- 


IX.  AND  for  continuing  the  SuccefHon  of  the  faid  Dire6lors  until  the  faid 
Town  fhall  be  incorporated;  Be  it  further  Ena.ed^  by  the  .mthority  aforefaid^  In 
Cafe  of  the  Death,  Refufal  to  aft,  or  Removal  out  of  the  Country,  ot  any  of  the 
faid  Direftors,  the  furviving  or  other  Direftors,  or  the  major  Part  of  them,  Ihall 
affemble,  and  are  hereby  impowered,  from  Time  to  Time,  by  Inftrument  in 
Writing,  under  their  refp^ftive  Hands  and  Seals,  to  nominate  fome  other  Perfon, 
being  an  Inhabitant  or  Freeholder  of  the  faid  Town,  in  the  Place  of  him  fo  dying, 
refufmg  to  aft,  or  removing  out  of  the  Country  •,  which  new  Direftor,  fo  nomi- 
nated and  appointed,  fhall,  from  thenceiorth,  have  the  like  Power  and  Authority, 
in  all  I'hings  in  the  Matters  herein  contained,  as  if  he  had  been  exprcfsly  named 
and  appointed  in  and  by  this  Aft, 


SiKCpfn^nnf  ni. 
reftcrs  kept  up. 


CHAP.     VI. 

An  Act  for  the  letter  eftdblifhing  a  Ferry  on  the  North  Eajl  Side  of  the  North  Weft 
River  of  Cape  Fear,  being  the  Place  commonly  called  or  kno"xn  by  the  Name  of  Daw- 
fon'^  Ferry, 


I. 


w 


H  E  R  E  A  S  the  Ferry  on  the  North  Eaft  Side  of  the  North  Weft  River 


of  Cape   Fear,  called   Dawfon^^   Ferry,  hath    been   of  lonj 


Handing, 


Private, 


and  tound  very  convenient  for  Travellers  and  others  ;  and  whereas  the  Land  on 
the  North  Eaft  Side  of  the  faid  River,  where  the  Public  Road  crofles  and  leads  to 
the  l^adkin,  and  fo  to  South-Carolina,  is  the  Property  of  William  Daiifcn,  who  lives 
thereon  ;  and  being  defirous  that  the  faid  Ferry  fhould  be  continued,  and  fixed  at 
the  fame  Piace :  Wherefore,  for  the  Encouragement  ot  the  laid  William  Dawfon, 
and  Conveniency  of  all  Travellers,  and  to  prevent  the  removing  the  Ferry  from 
the  Place  aforefaid ; 

II.  BE  it  Ena7ed,    by  the  Gonernor,  Council,  and  AJfembly,  and  by  the  Authority  Property  c(  the 
cf  the  fame,  That  the  faid  Ferry  is  hereby  invefted  in,  and  lliall  from  henceforward  F'-yy 'n«fted  in 
be  held  and  deemed  the  Right  and  Property  only  of  the  faid  William  Dawfon,    his  '  '  '"f"''"^* 
Heirs  or  Affigns. 

III.  AN  D  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  faid  William  wim  is  tn providt 
Tiaivfon,  his  Heirs  or  Afllgns,  fhall,  as  foon  as  conveniently  may  be,  build  or  pro-   Boats,  (i!c, 
vide  a  good  and  fubftantial  Boat,    fit  for  the  Tranfportation  of  Men  and  Horfes, 

and  Ihall  maintain  and  keep  the  fame  always  in  good  Repair,  and  give  conftanc 
Attendance  at  the  faid  Ferry  ;  and  Ihall  alfo,  for  the  true  Performance  of  the  fame, 
at  the  County  Court  of  Cumberland  next  after  the  paffing  of  this  Aft,  enter  into 
Bond,  with  good  and  fufficient  Security,  to  be  adjudged  and  approved  of  by  the 
faid  Court. 


IV.     AND  be  it  further  Ena^ed,    by  the  Authority  aforefaid.  That  after  a  Boat  R^tesofFmiae 
isvfo  built  or  provided,    and  the  Security  given  as  aforefaid,    that  it  fhall  and  may   ^^wi. 
be  lawful  for  the  faid  William  Da-vofon,    his  Heirs  or  AfTigns,    to  take  and  receive 
from  all  Perfons  that  fhall  pafs  over  the  faid  Ferry,  the  following  Rates,    that  is  to 
fiy  :    Four  Pence,  Proclamation  Money,  for  a  Man  and  Hori'e,    and  Two  Pence, 

D  d  like 


210  LAWS    of    North-Carolina. 

^.  D.   1757.    like  Money,  for  a  Footman  •,  and  One  Shilling  for  each  Carriage  drawn  by  one  or 
^'-•'''''>r"-^     two  Horfes,  and  for  each  Horfe  more  Four  Perice  j  and  One  Penny  for  each  Steer, 
Cow,  Hog,  or  Sheep. 

V.  AND  whereas  Part  of  the  Road  on  each  Side  of  the  faid  Ferry  wants  to  be 
cleared  and  made  good  •,  Be  it  Enaffed^  by  the  Authority  aforefaid,  I'hat  the  faid 
William  La-wfon  fhall,  at  his  own  Expence,  clear  the  fame,  that  is  to  fay  :  On  the 
North  Eait  Side  of  the  faid  River,  from  the  Ferry  to  Black  River,  and  fo  on  the 
South  Weft  or  oppofite  Side  of  the  faid  Ferry,  to  Cmnberland  Court-Houfe;  and 
that  the  fame  fhall  afterwards  be  kept  in  Repair,  and  maintained  by  the  Commifll- 
oners  and  Overfeers  of  the  Diftn6t  in  which  the  faid  Roads  lie. 

CHAP.     VII. 

An  A£l  to  obviate  Doubts  concerning  Fees  due  on  Proceedings  in  the  Supreme  Courts  of 
Jujiice^  Oyer  and  Terminer,  and  General  Gaol  Delivery. 

preamble,  j^  T  T  7  H  E  R  E  A  S  it  has  been  doubted,   from  the  Pradice  of  former  Times, 

W  whether,  on  the  Death  or  Removal  of  a  Chief  Jultice,  the  Executors  or 
Adminiftrators  of  fuch  deceafed  Chief  Juftice,  or  any  Chief  Jullice  removed  from 
his  faid  Office,  were  intitled  to  have  and  receive  the  Fees  which  accrued  and  became 
due  on  Suits  and  Proceedings  in  the  Supreme  Courts  of  Juftice,  Oyer  and  Terminery 
and  General  Gaol  Delivery,  of  this  Province,  where  fuch  Suits  and  Proceedings 
were  not  finally  determined  during  the  Time  fuch  Chief  Juftice,  fo  deceafed  or  re- 
moved, continued  in  Office  :  To  obviate  luch  Doubts  for  the  future, 

D  u^ts  about  cf.  II.  j5  E  it  Enacted,  by  the  Governor,  Council,  and  AjjemUy,  and  by  the  Authority 
jci^ft^ces  Fees  ob-  ^y  ^/^^  y^.^^^^  ^W^x.  wlien  any  Chief  Jufticc  of  this  Province  hath  departed  this  Life, 
or  fhall  happen  to  die  during  the  Time  of  his  Continuance  in  Offie,  or  hath  been, 
or  fhall  be  removed  therefrom,  it  fhall  and  may  be  lawful  for  the  Executors,  Ad- 
miniftrators, or  Affigns,  of  fuch  Chief 'Juftice  fo  deceafed,  or  which  fhall  depart 
this  Life  as  aforefaid,  and  for  fuch  Chief  Juftice  as  hath  been,  or  fhall  be  removed 
from  his  faid  Office,  to  have,  take,  and  receive,  to  his  or  their  own  proper  Ufe,  all 
Fees  and  Perquifites  whatfoever  accrued  and  become  due,  or  which  fhall  accrue 
and  become  due,  on  the  feveral  Suits  and  Proceedings  in  the  refpective  Courts  of 
Juftice,  Oyer  and  Terminer,  and  General  Gaol  Delivery,  of  this  Province,  at  the 
Time  of  the  Death  or  Removal  of  any  Chief  Juftice,  although  fuch  Suits  and  Pro- 
ceedings, at  fuch  Time  or  Times,  were,  or  fhall  not  be,  finally  determined.  • 


^toTofcoUea'n'  ^^^'  -^^^  ^^  ^^  further  Enabled,  by  the  Authority  aforefaid.  That  when  any 
iLch  Fees'.  ^  '"^  Chief  Juftice  hath  departed  this  Life,  or  fhall  happen  to  die  during  his  Continuance 
in  Office,  or  hath  been,  or  fhall  be  removed  therefrom,  the  Executors,  Adminiftra- 
tors, or  AfTigns,  of  fuch  Chief  Juftice  fo  deceafed,  or  which  fhall  die  as  aforefaid  ; 
and  every  Chief  Juftice  which  hath  been,  or  fhall  be  removed  from  his  Office,  fhall 
and  may  have  the  like  Relief,  Remedy,  and  Proceedings,  for  all  fuch  Fees  and  Per- 
quifites to  them  refpedlively  due,  as  can  or  may  be  had  by  any  Chief  Juftice  during 
the  Time  of  his  continuing  in  the  faid  Office. 

CHAP.     VIII. 

An  Act  for  preferving  Peace,  and  continuing  a  good  Correfpcndence  with  the  Indians  in 
Alliance  with  his  Majeftfs  Subjects,     REP. 


CHAP. 


LAWS      of      N  b  R  T  H  -  G  A  R  O  L  I  N  A. 


21  r 


CHAP,     IX. 


J.    D.   i; 


I'reamble. 


Jn  Act  for  adding  Part  cf  Beaufort  to  Craven.  County^  for  afccrtainlng  the  di-cLllng 

Line  befjoeen  the  f aid  Counties. 

I.  "TX  r  H  E  R  E  A  S  the  Inhabitants  of  that  Part  of  Beaufort  County,  lying  be- 
yy  tween  Bay  River  and  Lower  Broad  Creek,  are,  by  Reafon  of  the  Rcmuval 
of  the  Court  of  the  faid  County  at  a  very  great  Diftance  rrom  the  fame,  and  arc 
often  put  to  great  Hardfhips  and  Fatigue  in  attending  their  County  Court  at  fuch  a 
Diitance ;  and  whereas  it  would  be  much  more  convenient  to  the  faid  Inhabitants, 
if  that  Part  of  the  faid  County  ot  Beaifort  v/as  added  to  Craven  County  : 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  AffemUy,  and  it  is  ^"^  "^  B'aufnri 
jbereby  Enacted^  by  the  Authority  of  the  fame,  1  hat  that  Part  of  the  laid  County  of  county.^ 
Beaufort,  lying  between  i^^j  River  and  Lower  ^rf?^?^^  Cr^*?/^  as  aforefaid,  be  trom 
henceforth  deemed,  held,  and  taken  to  be  Part  of  Craven  County  ;  and  that  the 
Inhabitants  thereof  be  fubjed  and  liable  to  the  fame  Rules,  Orders,  and  Taxes,  as 
any  other  of  the  Inhabitants  of  the  faid  County  oi Craven  now. are,  or  Ihall  hereafter 
be,  fubject  or  liable  to :  Any  Law,  Ufage,  or  Cuilom,  to  the  contrary,  notwith- 
Handing. 


in.  AND  whereas  the  Bounds  of  tiie  faid  Counties  of  Beaufort  and  Craven  are 
very  uncertain,  by  Reafon  of  a  dividing  Line  bctv/een  the  fame  never  being  as  yet 
properly  afcertained  •,  Be  it  therefore  Enacted,  by  the  Authority  aforefaid.  That  froiri 
henceforward  the  Bounds  of  the  laid  Counties  be  by  Bay  River,  irom  the  Mouth 
thereof.  Up  the  main  Wcftermoft  Branch,  to  the  Head  ;  thence  by  the  Flat  Swamp 
that  makes  from  the  Head  of  the  laid  River ;  and  trom  the  liead  of  the  faid  Flat 
Swamp,  by  a  L'ne  to  be  run  nearly  equidiftant  between  Tar  and  Neufe  Rivers  ;  and 
that  Mr.  John  Hardy  and  Mr.  Jofeph  Bryan  are  hereby  appointed  Commiffioners  for 
running  the  faid  Line,  which  ihali  be  at  the  Expence  of  each  County  refpectively. 


raven  and  Be 


C  H  A  P.      Xo 

An  Act  to  amend  an  Act,  intituled.  An  Act  for  the  better  Regulation  of  the  Towri 
of  Newbern,  and  for  iecuring  the  Titles  of  Perfons  who  hold  Lots  in  the  faid 
Town. 

H  E  R  E  A  S  many  Difputes  have  arifen  among  the  Inhabitants  of  the  faid    Private. 
Town,  concerning  who  are  to  be  deemed  Taxables ; 

II.  BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  ^^^'«  cni.y  fu&. 
Authority  ef  the  fame.  That  from  henceforward  none  but  Males  ihall  be  fubject  to  ■rfx.'"'^^^  ^"*" 
pay  the  Town  Tax  j  any  Ufage  or  Cuilom,  to  the  contrary,  riotwithftanding. 


III.  AND  whereas  .the  Commiflioners  of  the  faid  Town  cannot  lay  a  Tax 
without  Confent  of  the  Freeholders,  or  the  Majority  of  them,  prcfent,  whereby 
many  Inconveniences  have  anfen  greatly  prejudicial  to  the  good  Government  of  the 
faid  Town ;  Be  it  Enabled,  by  the  Authority  aforefaid,  'I'hat  the  Commilhoners 
of  the  faid  Town,  or  the  Majority  of  them,  Ihall  have  full  Power  and  Authority  to 
lay  any  Tax  on  the  Male  Taxables  of  the  laid  Town,  not  exceeding  Ten  Shillings 
■per  Poll,  fer  Annum;  and  the  Commiflioners  fhall,  annually,  put  up  an  Account 
of  the  Monies  by  them  received  and  expendeJ,  at  the  Court-Houfe. 

IV.  AND  whereas  the  allowing  of  Hogs  to  run  at  large  in  the  faid  Tov*-n  I.3 
found  to  be  a  great  Nufance  to  the  Inhabitants,  Be  it  therefore  Enabled,  by  the  Au- 
thority aforefaid.  That  none  of  tlie  Inhabitants  of  the  faid  Tov/n  fliall,  oii  any  Pre- 
tence whatfoevcr,  fuffer  any  of  their  Hogs  to  run  at  large  within  the  Bounds  of  the 
faid  Town ;    and  any  Hag  or  Hogs  9f  any  Inhabitant  or  Inh?.bir?.nts  of  the  faid 

D  d,  2  'fowr-. 


CsTimifriiners  to 


;o£:3  c-jt  to   r-jr; 


212 


L  A  PV  S    of    North-Carolina. 


A.  D.   1757.   Town,  running  at  large,  fhall  be  forfeited  to  any  Perfon  who  fhall  feize  or  kill  the 

Public   Meetings       V.     AND  he  it  furthcY  EnaBcd^    hy  the  Authority  afcrejaid^    That  the  Commif- 

c^Jurt'^Houfe/  ^  fioncrs  and  the  Inhabitants  fliall  have  free  Liberty  to  hold  all  their  Public  Meetings, 

on  all  Occafions,  in  the  Court-Houle,  and  have  the  Liberty  of  a  Key  to  the  fame. 


Tavern     Keepers 

not   to  fuff.r   tip- 
pling in  llicir 
Hiufes  on   Sun- 
days. 


Pen.  on  them  for 
tiulling  Sailurs, 


And  for  enter« 
tainlrg-  thenn  in 
their  Houfes, 


VL  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  if  at  any  Time 
any  Tavern  Keeper,  Ordinary  Keeper,  Retailer  ol  Liquors,  or  Keeper  of  a  Public 
Houfe  in  the  faid  Town,  Ihall  fuller  any  Perfon  or  Perions  whatioevtr  to  fit  tippling 
or  drinking  in  his  or  her  Houfe  on  the  Sabbath  Day,  fuch  Perfon  or  Perions,  fo 
offending,  Ihall  forfeit  and  pay  Twenty  Shillings,  Proclamation  Monty,  for  every 
fuch  Oflence ;  to  be  recovered  by  a  Warrant  under  the  Hand  and  Seal  of  any  Juftice 
of  the  Peace  for  the  County  of  Craven^  and  which  lliall  be  paid  into  the  Public 
Stock  of  the  faid  Town. 

VII.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  if  "any  Perfon 
or  Perfons  whatfoever  in  the  faid  Town  lliall,  on  any  Pretence  whatever,  give  any 
Credit,  Loan,  or  Truft,  to  any  Mariner  or  Seamen  belonging  to,  or  under  the 
Command  of  any  Mafter  of  a  Velfel,  that  now  is,  or  lliall  at  any  Time  hereafter, 
be  lying  in  the  Rivers  of  Neufe  or  Trent,  exceeding  the  Sum  of  Two  Shillings  and 
Eight  Pence,  Proclamation  Money,  except  by  the  Leave  or  Licence  ol  the  Mafter 
or  Commander  of  the  Velfel  he  belongs  to,  or  where  fuch  Sailor  or  Mariner  fliall 
have  left  the  Velfel  to  apply  to  either  of  the  Courts  of  Juftice,  in  any  Di  pures  or 
Controverfies  with  the  Captain  or  Commander  of  luch  Vellel  -,  that  then,  and  m 
fuch  Cafe,  he,  Ihe,  or  they,  Ihall,  for  every  fuch  Default,  lole  all  the  Monies  or 
Goods  fo  trufted  or  credited. 

VIII.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  if  any  Per-'' 
fon  or  Perfons  whatfoever  in  tlie  faid  Town  fhall  willingly  or  willfully  entertain, 
harbour,  or  keep,  or  fuffer  to  be  entertained,  harboured,  or  kept,  dirtdily  or  indi- 
reftly,  any  Seaman  belonging  to  any  Velfel  as  aforefaid,  in  his,  her,  or  their  Houfe 
or  Houfes,  exceeding  the  Space  ot  Twenty  Four  Hours,  m  ithout  the  Privity  or 
Confent  of  his  Commander  (except  in  the  Cafe  before  excepted)  he,  fhe,  or  they, 
fo  offending,  ftiall  forfeit  the  Sum  of  Twenty  Five  Shillings,  Proclamation  Money, 
for  every  iuch  Offence  •,  to  be  recovered  by  Warrant  under  the  Hand  and  Seal  of 
any  Juftice  of  the  Peace  for  the  County  of  Craven,  and  paid  into  the  Public  Stock 
or  Fund  of  the  faid  Town,     (a) 


CHAP.     XI. 

Provided  for  by    ^^  ^^  fg  euubk  the  Commijfioners  of  the  Church  of  Edenton  to  difcharge  the  ContraSfs- 
ch.  19!""  '^  *'  by  them  made  concerning  the  finiJJang  the  fame. 

CHAP.   xn. 

An  Acl  to  repeal  an  Act,  intituled.  An  Ad  for  deftroying  Vermin  in  this  Province. 

Preamble  I-  T  T  7  H  E  R  E  A  S  an  Aft,  intituled.  An  Act  for  deftroying  Vermin  in  this  Pro- 

W     '^'i'"'^^-)  is  found  not  to  anfwer  the  good  Purpofes  intended  thereby; 

Aa  repealed.  \\,     B  E  it  therefore  Enacted,  by  ihe  Governor,  Council,  and  Affemhly,    and  by  the 

Authority  of  the  fame,  and  it  is  hereby  Enacted,  That  the  faid  Ad  of  Affembly,  inti- 
tuled. An  Act  for  deftroyi^ig  Vermin  in  this  Province,  be,  and  the  laid  Ad  is  hence- 
forth repealed,  and  declared  to  be  null  and  void. 

CHAP. 


(a)  The  two  lafl  Sedlions  cf  this  Act  provided  for  by  other  h€if. 


LAWS    of    North-  C  a  r  o  l  i  n  a. 


CHAP.     XIII.  J.  D.  1757- 

An  AH  to  dock  the  Intail  of  certain  Lends  now  in  Pojfeffion  of  Harding  Jones,  under  a 
Devife  in  the  IViU  of  Frederick  Jones,  Efq^^  his  Grandfather,  dectajtd,  by  "jchom  the 
fame  were  intai/ed. 

I.   '^TT'HEREAS  Frederick  Jones,  Efquire,    late  of  this  Province,  deceafed,   preamble. 

\\  being,  in  liis  Lifetime,  feized  in  his  Demefne,  as  of  Fee-Siir.ple,  of  in, 
and  to  certain  large  Trafts  of  Land,  lying  and  being  in  that  Part  of  Chowan  1  re- 
cindl  now  called  lyrrel  County,  and  in  Ilyde  and  Craven  Counties  -,  and  being  fo 
feized,  the  faid  Frederick  Jones  did,  by  his  iafl  WiL  and  Telfanient,  bearing  Date 
the  Ninth  Day  oi  April,  in  the  Year  of  our  Lord  One  Thoufand' Seven  Hundred 
and  Twenty  i'wo,  devife  to  his  Son  IVilliam  Harding  Jones,  in  Tail-Male,  all  his 
Lands  on  the  South  Side  of  Moratttick  River,  and  all  his  Lands  in  Hyde  Precindl ; 
and  in  Default  of  Heirs  Male  of  the  faid  William  Harding  J  ones,  deviled  the  Re- 
mainder of  the  faid  Lands,  in  Tail  Male,  to  his  Son  Frederick  Jones-,  and  by  the 
fame  Will  the  Tcftator  deviled  all  his  Lands  in  Craven  Precinct,  in  Tail-Male,  to 
his  faid  Son  Frederick:  And  the  faid  IVilliara  Harding  Jones,  after  the  Death  of  the 
faid  Tcftator,  m  Confequence  of  the  faid  Devile,  became  feized  of  the  Lands  de- 
vlfed  to  him  as  aforefaid,  and  died  feized  thereof,  without  Iliuc,  in  the  Lifetime  of 
the  faid  Frederick  Jones,  to  whom  the  Remainder  was  limitted  as  aforefaid  :  Which 
faid  Frederick,  under  the  faid  feveral  Deviles,  became  feized  of  the  faid  feveral 
Trafts  of  Land,  in  his  Lifetime,  and  foon  after  died  fo  feized,  leaving  Male  IfTue 
two  Sons,  to  wit,  Harding  Jones  and  Frederick  Jones ;  which  laid  Hardinv  Jones  is 
now  feized,  in  Tail-Male,  of,  in,  and  to  all  the  Lands  before-n  entioned  ;  and  the 
faid  Harding  Jones,  and  the  faid  Frederick  Jones,  who,  by  the  Will  of  the  faid  Tcf- 
tator, in  Default  of  Heirs  Male  of  the  faid  Hacding  Jones,  will  be  intitled  to  the 
Lands  aforefaid,  having,  by  their  Petition,  fct  forth  to  this  Aifembly,  that  there  is 
a  large  Arrear  of  Qiiitrents  due  on  the  laid  Lands,  and  that  they  are  unimproved, 
and  v/ill  be  burthenlbme  and  ufelefs,  unief?  Part  of  the  laid  Lands  may  be  fold  to 
raife  Money  to  difcharge  the  Quitrents  due  aforefaid,  and  to  improve  the  remaining 
Part  of  them ;  and  the  Aliegacioas  of  the  faid  Petition  haying  been  fully  made 
known : 

II.  WE  pray  your  moft  excellent  Majefly  that  It  may  be  Enafted,  And  be  it  !"*»''  -^f  L:r.d 
Ena^ed,    by  the  Governor,    Council,    and  Affembly,    and  by  the  Authority  of  the  fame,   '^"'"''■ 
That  the  Intailment  of  the  faid  Lands,  in  the  feveral  Counties  aforefaid,  fo  holden 

and  pofTelTed  by  the  faid  Harding  Jones,  by  Virtue  of  the  Will  of  his  Grandfather 
Frederick  Jones,  the  'i'eftator  (except  One  Thoufand  Acres  thereof,  lying  and  beino- 
on  Trent  River,  in  Craven  County,  bounded  by  a  Line  beginning  at  an  Oak  on  the 
Head  of  Reedy  Branch,  running  by  a  Line  of  marked  Trees  to  the  Head  of  Hood's 
Creek  ;  then  down  the  Meanders  of  the  faid  Creek  to  Trent  River-,  then  up  Trent 
River  to  the  Mouth  oi  Reedy  Branch-,  then  up  Reedy  Branch  to  the  firft  Station) 
be  docked  and  barred ;  and  that  it  Ihall  and  may  be  lav/ful  for  the  faid  Hardin^ 
Jones  to  fell  and  convey  the  fame,  or  any  Part  thereof,  in  Fee  Simple,  in  Order  to 
enable  him  to  difcharge  the  Arrears  of  Qiutrents  due  thereon,  and  to  improve  the 
remaining  Part  of  the  fame,  for  the  Benefit  and  Advantage  of  thofe  who  may  here- 
alter,  in  Remainder  or  Reverfion,  be  interefled  therein  ;  and  all  Deeds  by  him  here- 
after made,  for  conveying  the  fame,  fliall  be  good  and  effedual  in  Law,  to  convey 
the  Lands  by  the  faid  Deeds  to  be  granted  to  the  Grantees,  their  Heirs  and  Affigns, 
for  ever  -,  any  Thing  in  the  faid  Will  of  the  faid  Frederick  Jones,  deceafed,  Grand- 
father of  the  faid  Petitioners,  contained,  notwithftanding, 

III.  P  R.OVID  ED  neverthelefs.  That  nothing  herein  contained  fhall  be  con-  J^^p'it  "Hvs  Wa- 
ftrued  to  deftroy  or  take  away  the  Right  of  his  Majelly,  his  Heirs  and  SucceiTors,  ul.i,  ^'1,11  ^''^ 
nor  the  Right  of  any  Bjdy,  politic  or  corporate,  nor  that  of  any  other  Perfon  or          ' 
Perfons,  in  and  to  the  faid  feveral  Tradts  of  Land  (except  that  of  the  faid  Harding 

Jones  and  Frederick  Jones,  their,  or  either  of  their  Heirs,  and  tlae  Right  of  thole 

claimino-. 


214  L  ji  W  ^    c/"    North-Carolina. 


J.  D.  1757.  claiming,  or  to  claim,  under  them,  or  any  or  cither  of  them,  in  Virtue  of  the  Intail- 
^  ^~  -'  ment  in  the  faid  Will  mentioned)  but  the  Right,  Title,  and  Intercft,  which  his 
Majefty,  his  Heirs  and  Succeflbrs,  or  any  Bodies,  politic  or  corporate,  or  any  other 
Perlbn  or  Per  Ions  (except  the  laid  Harding  Jones  and  Fredmck  Jones  y  their  or  either 
of  their  Heirs,  and  ail  claiming  under  them,  or  any  or  either  of  them,  by  Virtue  of 
the  faid  Intailment)  may  have  in  and  to  the  faid  leveral  Trafts  of  Lund,  is  hereby 
faved,  fecured,  and  referved  •■,  any  Thing  in  this  A6t,  to  the  contrary,  notwith- 
ftanding. 

SufpendinsCiaufe       IV.     PROVIDED  dfo^  That  this  Aft  fhall  not  take  Effed,  or  be  in  Force> 
until  his  Majefty's  Approbation  be  had  to  the  fame. 

S  1  G  N  E  D    by 

Arthur  Dobbs,  Efq-,  Governor. 
Matthew  Rowan^  Prefident. 
Samuel  SwanUj  Speaker, 


ANNO 


LAWS    of    North-Carolina. 


215 


J.  D.    1758. 


h§  %#  h^  ^^  %^  %#^^%#   %^  %#  %§  \^  %^ 
#^f  #%  #%  #%  #'f  #f  ^-^  #%   #%  #^  #%  .#%  ^% 


ANNO       REGNI 


G   E   O   R   G   I   I    n. 

REGIS, 

MAGN^    BRITANNIA,     FRANCI.E,    &    H  I  B  E  R  N  I  ^E, 
TRICESSIMO     PRIMO. 


At  a  General  ASSEMBLY,    begun  and   held  at  Newbern^    on  the   ARTHUR 

DOBBS,  Efq; 

Twelfth   Day  of  December,    in  the  Year  of  our  Lord  One  Thoufand   Governor. 
Seven  Hundred  and  Fifty  Four,  and  from  thence  continued,  by  feveral 
Prorogations,    to  the  Twenty  Eighth  Day  of  April,    in  the  Year  of 
our  Lord  One  Thoufand  Seven  Hundred   and  Fifty  Eight :    Being   the 
Sixth  Seffion  of  this  AfTembly. 


C  H  A  P.     I. 

An  Act  for  granting  an  Aid  to  his  Mcjefty^  for  augmenting  the  'troops  now  in  the  Pay  of  This  Aft  had  ;tj 
this  Province,  to  be  joined  with  thofe  under  the  Command  of  Brigadier-General  Forbes,    ^^'^- 
faying  them,  whi'fi  employed  in  the  faid  Service,  and  for  placing  Garrifons  in  the  Forts 
on  the  Sea  Coajts. 

C  H  A  P.  2.     An  Act  to  enable  the  Commijftoners  of  Port  Roanoke  to  amend  the  Na- 
vigation of  the  faid  Port,  and  for  other  Purpofes.     EXP. 


An  Act  for  altering  the  Times  for  holding  Courts  in '^Qith^m^^Qv^t  Edg-    p^^^idea  for  by 

'^  -^  •  ,j^g  Infe-irr    Crt. 

A<^,  palTcd  Nov, 
1762,  Chap.  a. 


comb,  Granville,  and  Orange  Counties. 
An  Act  to  confirm  and  eftablifh  feveral  Vejlries,  and  other  Purpofes. 


The  Veftrv  ACt, 
on  which  this  de- 
pends, icpeakd. 


An  Act  for  difcontinuing  the  Warehoufes  at  ElbeckV  Landings    and   Provided  for  by 
erecting  others  in  the  Town  of  Halifax.  the  inip^aion 


CHAP, 


2i6  LAWS    o/'    North-Carolina. 

J.  D.   1758.  C  H  A  P.    VI. 

Ah  Act  for  efiablijhmg  a  'Town  on  the  Land  of  Jonathan  Phelps,    on  Perquimans 

River. 

H/ivit*.  I.  T  T  7  H  E  R  E  A  S  it  has  been  reprefented  to  this  Aflembly  that  the  Land  of 

VV  Jonathan  Phelps,  lyit^g  on  the  South  Well  Side  of  Perquimans  River,  in 
Perquimans  County,  where  the  Court-Houfe  and  other  Public  Buildings  are  eredted, 
is  a  healthy,  plealant  Situation,  well  watered,  and  commodious  for  Commerce  •,  and 
the  faid  Jonathan  Phelps  having  fignified  his  free  Confent,  by  a  Certificate  under 
his  Hand  and  Seal,  to  have  One  Hundred  Acres  of  the  laid  Land  laid  off  lor  a 
Town,  and  Fifty  Acres  lor  a  Town  Common,  which  will  greatly  promote  the 
Trade  and  Navigation  of  the  faid  River  : 

Town  £f  H.rt-        II.     B  E  it  Enaofcd,    hy  the  Governor,   Council,  and  AJfemUy,  and  hy  the  Authority 
fjrdcreftiid.  of  the  fame.  That  the  Directors  or  Trultees  hereafter  appointed,  or  the  Majority  of 

them,  Ihall,  lo  foon  as  may  be  alter  the  pafPing  of  this  Aft,  caule  the  laid  One  Hun- 
dred Acres  of  Land  to  be  laid  oft'  in  Lots  of  Half  Acres  each,  w:th  convenient 
Streets,  Lanes,  and  Alleys,  referving  two  Acres  of  the  laid  Land  for  the  Court- 
Houfe,  and  other  Public  Buikiings  -,  which  Lots,  lb  laid  off  according  to  the  Di- 
reftions  of  this  Act,  is  hereby  conftituted,  ereded,  and  eftablilhed  a  Town,  and 
Ihall  be  called  by  the  Name  of  Hertford, 

Truftees  appoint.  HI,  AND  hc  it  furth^.r  Ena^ed,  hy  the  Authority  aforefaid.  That  from  and  after 
Sr  tie  L^ts!  '"  the  paffing  of  this  Aft,  John  Rieilffett,  Jofeph  Sutton,  John  Harvey,  John  Clayton^ 
and  Joleph  White,  be,  and  they,  and  every  of  them,  are  hereby  conllituted  Diredors 
and  Truftees,  for  dcfigning,  building,  and  carrying  on  the  laid  Town  •,  and  they 
fliall  Hand  feized  of  an  indeteafible  Eftate,  in  Fee,  of  the  faid  One  Hundred  and 
F'ifty  Acres  of  Land,  to  and  for  the  Ule.s,  Intents,  and  Purpo  es,  hereby  exprelTed 
and  declared -,  and  they,  or  any  Three  of  them,  Ihall  have  full  Power  and  Authority 
to  meet  as  often  as  they  fliall  think  neGelfary,  and  caufe  a  Plan  thereof  to  be  made, 
and  therein  to  infert  a  Mark  or  Nurriber  to  each  Lot ;  and  as  foon  as  the  faid  Town 
fhall  be  laid  off  as  aforefaid,  they,  and  each  of  them,  fhall  have  Power  to  take  Sub- 
fcriptions  for  the  faid  Lots  of  luch  Perfons  as  are  Vs'illing  to  fubfcribe  for  them;  and 
when  the  faid  Dire6tors  have  taken  Subscriptions  for  One  Hundred  Lots,  or  up- 
wards, they  fliall  appoint  a  Day,  and  give  Public  Notice  to  the  Subfcribers  of  the 
Day  appointed,  for  the  drawing  of  the  faid  Lots,  which  fliall  be  done  by  Ballot, 
in  a  fair  and  open  Manner,  by  the  Diredion,  and  in  the  Prefence,  of  the  Majority 
of  the  faid  Direftors  at  leall  •,  and  fuch  Subfcriber  fliall  be  in-titled  to  the  Lot  and 
Lots  which  fliall  happen  to  be  drawn  for  him,  and  correfpond  with  the  Mark  or 
Number  contained  in  the  Plan  of  the  faid  Town  :  And  the  faid  Directors,  or  a  Ma- 
jority of  them,  fliall  make  and  execute  Deeds  for  granting  and  conveying  the  faid 
One  Hundred  Acres  of  Land,  in  Half  Acres  as  aforefaid,  to  the  Subfcribers,  their 
Pleirs  and  Affigns,  for  ever  •,  and  alfo  to  every  other  Perfon  who  fliall  purchafe  any 
other  Lot  or  Lots  in  the  faid  Town,  at  the  Cofl:  and  Charges  of  the  faid  Grantee,  to 
whom  the  faid  Lot  or  Lots  fliall  be  conveyed  :  And  every  Perfon  claiming  any  Lot 
or  Lots,  by  Virtue  of  any  fuch  Conveyance,  Ihall  and  may  hold  and  enjoy  the  fame, 
in  Fee-Simple. 

Time  of  faving        IV.     PR  0 V I B  E  D  neverthckfs.  That  every  Grantee  of  any  Lot  or  Lots  In  the 
Fulther  Time ai-    ^^1^  To-'vn,  fo  convcyed,  Ihall,  within  Three  Years  next  alter  the  Date  of  the  Con- 
j.-wed,    by  Aft    veyance  for  the  fame,  ere6t,  build,  and  finilh,  on  each  Lot  fo  conveyed,  one  well 
N^.y.  1762,  cha.    fj.gj^g^  Qj.  gj.j^]^  Houfe,  Sixteen  Feet  fquare  at  the  leaft,  and  Nine  Feet  Pitch  in 
the  Clear,  or  proportionable  to  fuch  Dimenfions,  if  fuch  Grantee  fhall  have  Two  or 
more  Lots  contiguous  •,  and  if  the  Owner  of  any  Lot  or  Lots  fhall  fail  to  comply 
with  the  Diredions  in  this  Aft  prefcribed  for  building  and  finilhing  a  Houfe  thereon, 
then  fuch  Lot  or  Lots,  upon  which  fuch  Houle  fliall  not  be  built  and  finifhed  as 
aforefaid,  fliall  be  revelled  in  the  faid  Direftors ,;    and  the  faid  Direftors,  or  a  Ma- 
jority 


L  A  JV  S    of    North-Carolina. 


217 


jority  of  them,  may,  and  are  hereby  impowered  and  authorized,  to  fell  fuch  Lot  or  ^.  D.   1753. 
Lots  for  the  bell  Price  that  can  be  had,  to  any  Perfon  applying  for  the  fame,  and     ♦— -V~— ^ 
grant   and  convey  luch  Lot  or  Lots  to  fuch  Perfon  or  Perfons,  under  the  like  Re- 
gulations and  Reftritlions,  as  the  fame  was  or  were  formerly  granted  ;  and  the  Mo- 
ney arifing  from  fuch  Sales  be  applied  by  the  faid  Diredors,  Of  a  Majority  of  them, 
for  the  Benefit  and  Improvement  of  the  faid  Town. 

V.     AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  each  refpedive   Porchife  Monsy 
Subfcriber,  who  fhall  fubfcribe  for  any  Lot  or  Lots  in  the  faid  Town,  fhall,  within   °'  ^""' 
One  Month  after  it  fhall  be  afceriained  to  whom  each  of  the  faid  Lots  doth  belong, 
in  Manner  herein  before-mentioned,    pay  and  fatisfy  to  the  fuid  Diredors,    or  to 
One  of  them,    the  Sum  of  Forty  Five  Shillings,    Proclamation  Money,    for  each 
Lot  by  him  fubfcribed  for ;  and  in  Cafe  of  the  Refufal  or  Negledl  of  any  Subfcriber 
to  pay  the  faid  Sum,  the  faid  Diredors  fhall  and  may  commence  and  profecute  a 
Suit  in  their  own  Name  for  the  fame,    and  therein  fhall  recover  Judgment,   with 
Cofts  of  Suit ;  and  the  faid  Diredors  fhall,  as  foon  as  they  receive  the  faid  Money,   40 ».  to  i-e  paid 
pay  and  fatisfy  to  the  faid  Jonathan  Phelps,  his  Heirs  or  AfTigns,  the  Sum  of  Forty   ^''^  *"' ^P"«"- 
Shillings,  Proclamation  Money,  for  each  Lot,  in  full  Satisfaftion  for  the  faid  Land, 
and  the  other  Five  Shillings  fhall  be  applied  towards  defraying  the  Expence  of 
laying  off  and  improving  the  faid  Town,  as  a  Majority  of  the  Diredors  fhall  think 
propen 


VI.  AND  for  continuing  the  SucCefTion  of  the  DIre(?lors  Until  the  faid  Town 
fhall  be  incorporated  ;  Be  it  further  Enacted,  by  the  Authority  aforefaid.  In  Cafe  of 
the  Death,  Refufal  to  aft,  or  Removal  out  of  the  County,  of  any  of  the  faid  Di- 
rectors, the  furviving  Diredors,  or  the  Majority  of  them,  fhall  affemble,  and  are 
hereby  impowered,  from  Time  to  Time,  by  Inflrument  in  Writing  under  their  ref^ 
pedive  Hands  and  Seals,  to  nominate  fome  other  Perfon,  being  a  Freeholder  of  the 
laid  Town,  in  the  Place  of  him  fo  dying,  refufing  to  aft,  or  removing  out  of  the 
County  i  which  new  Diredtor,  fo  nominated  and  appointed,  fhall  from  thenceforth 
have  the  like  Power  and  Authority,  in  all  Things  in  the  Matters  herein  contained, 
as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this  Ad: :  And  when 
the  faid  Town  fhall  be  laid  off,  the  faid  Diredlors,  or  a  Majority  of  them,  are 
hereby  impowered  to  remove  the  Court-Houfe,  and  other  Public  Buildings,  to  a 
more  convenient  Part  of  the  Town,  which  may  or  fhall  be  laid  off  for  that  Purpofe. 

_  VII.  PRO  VI B  E  D  neverthekfs.  That  the  faid  Jonathan  Phelps  fhall  have,  to 
his  own  Ufe,  his  Dwelling-Houfe,  and  other  Out-Houfes,  with  fuch  Lots  as  he 
fhall  choofe  adjoining  them,  not  exceeding  Four  Lots,  exclufive  of  the  faid  One 
Hundred  Acres :  And  the  Court  of  the  faid  County,  or  their  Succeffors,  fhall  not 
have  Power  to  appoint  a  Public  or  other  Ferry  at  the  faid  Town,  in  Prejudice  to 
the  faid  Jonathan  Phelps  ;  but  that  the  keeping  of  the  faid  Ferry  fhall  remain  to  the 
faid  Jonathan  Phelps,  his  Heirs  and  Affigns,  until  he  or  they  fhall  refufe  to  comply 
with  the  Terms  by  Law  prefcribed  for  ereding  and  keeping  Public  Ferries. 


Succeflion  nf  Di« 
tcflois  kept  up. 


To   remove   tht 
CuutuHoufck 


Loti,  and  Ferry, 
referved     to    the 

Pioptietor. 


SIGNED    by 


Arthur.  Dobbs,  Efq-,  Governor.' 
Matthew  Rowan,  Prefident. 
Samuel  Swann,  Speaker. 


Ee 


ANNO 


2i8  L  A  IV  S    of    North -Carolina. 


J.  D.    1758. 


ANNO     REGNI 

G    E    O    R    G    I    I      11. 

REGIS 


MAGNiE  BRITANNIA,  FRANCIS,  &  HIBERNX^i 
TRICESSIMO     SECUNDO. 

ARTHUR  ^t  a  General  ASSEMBLY,   began  and  held  at  Neivbern,    on  the 

DOBBS,  Ef(j; 

Governor.  Twelfth  Day  of  December,    in  the  Year  of  our  Lord  One  Thoufand 

Seven  Hundred  and  Fifty  Four  j  and  from  thence  continued,  by  feveral 
Prorogations,  to  the  Twenty  Third  Day  of  November,  in  the  Year  of 
our  Lord  One  Thoufand  Seven  Hundred  and  Fifty  Eight,  then  held  at 
Edenton :    Being  the  Seventh  Seffion  of  this  Affembly. 


CHAP.    L 

TMs^Aa  had  it.  ^^  ^^  j.^^  granting  an  Aid  to  his  Majejly^  for  placing  proper  Garrifons  in  the  Forts 

Johnfton  and  Granville,  and  for  other  Purpofes, 

Repea'ed,  and  re.  C  H  A  P.  2.    An  Acl  for  making  letter  Provifion  for  the  Clergy'. 

enabled  Novemb. 
17  62,  Chap.  6, 

This  Aft  under  a  3.     An  AB  for  ereSfing  a  City  on  Neufe  River,   upon  the  Plantation  called 

IhS!"^'^''"'^''  Tower-Hill,  fixing  the  Seat  of  Government  therein,   and  building  a 

printed,  at  it  is  Governor's  Houfe  and  Public  Offices  in  the  fame. 

doubtful  whether 
it  will  be  con- 

^''""^'  4.     An  A£i  to  regulate  the  Infpemon  of  Pork,  Beef,  Rice,  Flour,  Butter, 

Indigo,  Tar,  Pitch,  Turpentine,  Staves,  Heading,  Shingles,  Lumber, 
and  Deer  Skins.    EXP. 

CHAP. 


LAWS    oANorth-Carolina.  219 


CHAP.       V.  A.  D.    J7s8. 

An  A^  for  encouraging  the  building  of  Public  Mills,  and  direSJing  the  Duty  of  Millers. 

I.  T>  E  it  Enabled,   by  the  Governor,  Council,  and  AffemUy,  and  by  the  Authority  of  miiis  grinding  f.r 

J3  the  fame.  That  every  Water  Grilt-Mill  already  built,    or  which  fhall  here-  Toil,  decUrtd 

after  be  built,    that  hath,    or  fliall  at  any  Time  grind  for  Toll,    fhall  be  held  and  ^"''^^  '^"''" 
deemed,  and  is  hereby  declared  to  be  a  Ir'ublic  Mill. 

II.  B  E  it  further  Ena^:ed,  by  the  Authority  aforefaid.  That  it  fhall  not  be  NoW^.er  m;ii  t,, 
lawful  for  any  Perion  or  Perlons  hereafter  to  erect  or  build  any  Public  Water  Grift-  ordt'ol  uJu? 
Mill,  without  firft  obtaining  an  Order  of  the  County  Court  tor  that  Purpofe,  in 

Manner  by  this  A6t  directed,  that  is  to  fay  :  Any  Perlbn  willing  to  buiid  iuch  Mill    Manner  of  ob. 
on  fome  convenient  Run,  who  hath  Land  on  both  Sides  thereof,  fhall  exhibit  a  Pe-    »*'°^"6''' 
tition  to  the  County  Court  for  Leave  to  build  Iuch  Mill ;    which  Court  is  hereby 
imp  )wered  to  examine  into  the  Allegations  of  fuch  Petition,  and  to  grant  or  deny 
fuch  Leave  to  the  faid  Petitioner,  as  to  them  fhall  feem  juft  and  rcafonable. 

III.  AN B  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  any  Perfon  wil-    Manner  of  ob. 
ling  to  build  fuch  Mill,    who- hath  Land  only  on  one  Side  of  a  Run,  fliall  exhibit    t^iinrng  o.'der'fot 
his  Pctidon  to  the  County  Court  in  Manner  aforefaid,  and  therein  fhew  who  is  the    S|.t"pS 
Proprietor  of  the  Land  on  the  oppofite  Side  of  the  Run  ;    whereupon  a  Summons    ""^^ '-'"'' ""  ""^ 
fhall  ilfue  to  fuch  Proprietor  to  appear  at  the  next  Court,  and  anfwer  the  Allegations    only.''' '  ^''° 
of  fuch  Petition  -,    and  the  Court  alio,    at  the  fame  Time,    fhall  order  Four  honefl 
Freeholders  to  lay  off,    view,    and  value,    on  Oath,    an  Acre  of  the  Land  of  Iuch 
Proprietor,  and  alio  an  Acre  of  the  Land  of  the  Petitioner,  oppofite  thereto,  and 

to  report  their  Opinion  and  Proceedings  thereon  to  the  next  Court,  and  thereupon 
the  Court  ihall  order  the  faid  Report  to  be  recorded ;  and  if  it  take  not  away  Hou- 
fes,  Orchards,  Gardens,  or  other  immediate  Conveniences,  fliall  and  may,  and  are 
hereby  impowered  and  authorized,  to  grant  Leave  to  the  Petitioner,  or  fuch  Pro- 
prietor, to  ered  fuch  Mill  at  the  Place  piopoied,  as  in  their  Difcretion  fhall  feem  * 
reafonable,  and  to  order  the  Cofts  of  fuch  Petition  to  be  paid  by  the  Perfon  to  whom 
fuch  Leave  fhall  be  granted. 

IV.  Provided  always,  "that  the  Perfon  to  whom  fuch  Leave  Is  granted,  Valuation Mon-y 
Ihall  pay  down  in  Court,  for  the  Acre  of  Land  he  fhall  obtain  thereby,  the  Valua-  '^  co«f  ''°*'' 
tion  Money,  and  procure  a  Record  to  be  made  thereof  •,  which  fhall  be  a  good  and 

effeflual  Seifen  in  Law,  to  create  to  fuch  Perlbn,  his  Heirs  and  Affigns,  a  Fee- 
Simple  in  fuch  Acre  of  Land. 

V.  PROVIDED  neverthekfs.  That  it  fhall  not  be  lawful  for  any  Court  to  No  Min  to  be 
pnt  Leave  to  any  Perfon  to  eredt  a  Mill  within  Two  Miles  above,  and  Two  Miles  \t?io^^L^,°' 
below,    or  fo  as  to  overflow  any  other  Mill  erefted  on  the  fame  Run  j    any  Thing 

herein  contained,  to  the  contrary,  notwithftandino-. 

VI.  PROVIDED  alfo.    That  the  Perfon  fo  being  feized  fhall,  within  One  Time  of  b.fin. 
Year,    begin  to  build  a  Watcr-Mill,  and  finifh  the  fame  within  Three  Years,  and  "7fi"^"'"'f  v 
fhall  thereafter  keep  up  the  fame  for  the  Ule  and  Eafe  of  all  fuch  as  fhall  be  Cuf-  m,iis"*  '°^ 
tomers  to  it,  other  wife  the  iaid  Land  fhall  return  to  the  Perfon  from  whom  it  was 

taken,  or  to  fuch  other  Perfons  as  Ihdll  have  his  Right  -,  unlefs  the  Time  for  finifh- 
ing  the  fame,  for  Reafons  Ihewn  to,  and  approved  of  by  the  Court,  be  enlarged. 

VII.  PRO  VID  E  D  likewife.  That  if  any  Water-Mill  belonging  to  any  Perfon  Time  aiipwea 
within  the  Age  of  Twenty  One  Years,  Feme  Covert,  Non  compos  Mentis,  or  impri-  iT  ^"""' 
foned,  be  let  fall,  burnt,  or  deftroyed,  that  then  fuch  Perion  or  Perfons,  and  their       ' 

Heir  or  Heirs,  fhall  have  Three  Years  to  rebuild  and  repair  fuch  Mill  after  his  or 
their  full  Age,  Difcoverture,  coming  of  found  Mind,  or  Enlargement  out  of 
Prifon.  ° 

E  e  2  VIII.  AND 


220  LAWS    of    North-Carolina. 


ji.  D.    1758.  VIII.     AND  he  it  further  Ena5fed^  by  the  Authority  aforefaid.  That  if  any  Per- 

'^ — ^f^^'j  fon  (hall  think  himfelf  aggrieved  by  the  Order  or  Determination  of  the  County 

bv'n"e  urd'cTof  Court,  he  may  appeal  therefroni  to  the  next  Supreme  Court  of  Juftice,  Oyer  and 

anyCo„n.yc.,utt,  q^g^^i^^y    ^pid  Gcnetal  Gaol  Delivery,  for  the  Diftridl  in  which  the  faid  Land  doth 

may  aijutal  to  the  '  .  y  '  1   •     1     y-,  ,i      11  1     •       1  i  1 

SupretT^e    Ccnrt    lie,  giving  Bond  and  Security  as  uiual ;    which  Court  Ihall,    and  is  hereby  autho- 
oftheDiftria.      i-izecfand  impowered,  to  take  Cognizance  of  the  fame,  and  to  affirm  fuch  Order, 

or  reverfe  the  fame,  and  to  give  fuch  Judgment  therein  as  the  County  Court  ought 

to  have  rendered. 

p<.,r, ns w!io iiave        IX.     AND  whcfcas  It  hath  heretofore  frequently  happened  that  a  Perfon  defi- 
vinufof 'any        fous  of  building  a  Water-Mill,  and  having  Land  on  one  Side  of  a  Run  only,  hath. 
Order  of  Cnurt,    ^y  Qrdcr  of  the  County  Court,  obtained  an  Acre  of  the  Land  on  the  oppofite  Side 
'heTuSnt    of  the  Run  for  that  Purpofe,  which  Order  is  held  not  to  be  warranted  by  the  Laws 
quieted    in   the    ^q^  j^,  Potce  !    For  quieting  the  Owners  of  fuch  Mills  in  the  peaceable  PofTeffion 
iK.n.^flion  of  fuch    ^i^^j.^^^-^    Be  it  further  Enacted^    by  the  rmthority  aforefaid.    That  every  Perfon  who 
hath  built  any  fuch  Mill  in  Confequence  of  any  fuch  Order,  and  hath  aftually  paid 
the  Money  according  to  the  Valuation  of  fuch  Acre  of  Land,    fhall  be,    and  is 
hereby  declared  to  ftand  feized  thereof,    to  him,   his  Heirs   and  Afllgns,    in  Fee- 
Simple,    in  the  fame  Manner,    and  under  the  fame  Reftridions,  Limitations,  and 
Conditions,  as  if  the  fame  had  been  originally  granted  by  Virtue  of  the  t-owers  and 
Authorities  of  this  Aft. 

owrt^rs  of  Mills       X..    FRO  VI D  E  D  ttlfo^  That  where  any  Owner  or  Owners  of  a  Mill  already 

buiuing  oSer'^'    built,'  or  that  fhall  hereafter  be  built,  fhall  conceive  himfelf  injured  by  the  building 

Mills,  may  ii:.vt    q|  ^py  Qthct  Watet-Mlll  by  any  Perfon  or  Perions  on  the  fame  Stream,  it  fhall  and 

Damagt?'""  ^"'   may  be  lawful  for  the  Party  injured  to  bring  his  A6tion  on  the  Cale  againfl  the 

Owner  or  Owners  of  fuch  latter  built  Mill,  in  the  fame  Manner  as  he  might  have 

done  before  the  palling  of  this  A6t  j  any  Thing  herein  contained,  to  the  contrary^ 

in  any  wife,  notwithllanding. 

Millers  •)  grind        XI.     A  N  D  to  prevcnt  Abufes  by  evil-minded,  covetous,  and  exafling  Millers^ 

jnd"  w"hat  Toll    or  Owners  of  Mills  •,  Be  it  hnatied.,  by  the  Authority  aforefaid.  That  all  Millers  fhall 

they  arc  to  take,    crj-jp;^  according  to  Tum  -,    and  fliall  well  and  fufficiently  grind  the  Grain  brought 

to  their  Mills,  if  Water  will  permit  j  and  fhall  take  no  more  Toll  for  grinding  than 

One  Eio-hth  Part  of  the  Whcatj  and  One  Sixth  Part  of  the  Indian  Corn  :  And  every 

Miller,  or  Keeper  of  a  Mill,  making  Default  herein,  viz.  not  grinding  according 

to  Turn,  not  well  and  lufficiently  grinding  the  Grain,  if  Water  will  permit  as  afore- 

falTt.'^   "    "    faid,    or  exading  or  taking  more  Toll  than  herein  is  let  down  and  allowed,    fhall, 

for  every  fuch  Offence,  forfeit  and  pay  Fifteen  Shillings,  Proclamation  Money,  to 

the  Party  injured  ;    to  be  recovered  before  a  Juftice  of  the  Peace  of  the  County 

wherein  luch  Offence  is  committed,  with  Cofts* 

Owner  to  grind        -j^jj^     PROViD EB  always.  That  it  fhall  be  in  the  Power  of  the  Owner  of 
a.-i^Tims."""'    any  fuch  Mill  to  grind,  or  caufe  to  be  ground,  his  own  Grain,  at  any  Time  he 
thinks  fiti  any  Thing  in  this  A6t,  to  the  contrary,  notwithttanding. 

What  Meafures        XIIL     A  N  D  for  thc  bcttcr  DifcoVcry  of  fuch  exaftjng  Mlllers ",  ^^ // fw^t?^^, 
In'tLYr^Muh."''    by  the  Authority  aforefaid,    and  it  is  hereby  EnaMed,    That  all  Millers  fhall  keep  in 
their  Mills  the  following  Meafures,    viz.    An  Half  Bufhel,  and  Peck,  tried  and 
ftamped  by  the  Keeper  of  the  Standard  of  the  County  wherein  fuch  Mill  is;    and 
Two  Toll-Diihes  for  each  Meafure,  one  for  Wheat,  that  fhall  not  hold  more  than 
One  Eio-hth  Part  of  each  Meafure,    and  one  for  Indian  Corn,  that  fhall  not  hold 
Penalty  for  keep-    morc  th^'an  Onc  Slxth  Part  of  each  Meafure :  And  every  Owner  by  himfelf.  Servant 
ino  faifc  Mea-       or  Slave,  keeping  any  Mill,  and  fhall  be  lawfully  convided  of  keeping  f  alfe  ToU- 
^""'*  Dilhes,  contrary  to  the  Intent  and  Meaning  of  this  Ad,  fhall  forfeit  and  pay  the 

Party  injured  Fifteen  Shillings,  Proclamation  Money,  to  be  recovered  by  a  War- 
rant from  a  Juftice  of  the  Peace  as  aforeiaid  :  And  if  in  Cafe  fuch  a  Miller  is  a  free 
Perfon,  and  keeps  fuch  a  Mill  for  a  Share,  or  for  Hire,  and  is  guilty  of  any  of  the 

above 


LAWS    of    North-Carolina. 


221 


above  Offences^  it  fliall  be  lawful  for  the  Owner  to  flop  fo  much  of  his  Share  or    ^;  D.  1758. 
Hire  as  will  be  lufficient  to  rc'mburfe  himfell  for  fuch  Fine  or  Fines  as  he  fliall  be-     ^--nr-*^ 

come  unlwcrable  for,  with  all  the  Lharges  that  Ihall  become  due  thereon. 

XIV.     ANT)  he  it  further  EnaHeiU  hy  the  Authority  aforefaid^  That  all  other  Aft    RcpeaiiBsCbufej 
or  Acts,  htrecofure  made,  as  far  as  they  /elate  to  fubhc  Mills,    are  hereby  from 
henceforth  repealed,  and  made  null  and  voidi 


CHAP.     VI. 

An  A51  for  eftahlifoing  a  Warchoufe  for  the  InfpeEtion  of  'Tobacco  en  the  hand  of  Thomas 
Barnes,  in  the  County  of  Halifax,  and  other  Purpojes. 


Provided    for    by 

the  lufpijftion 
AiX. 


CHAP.     VIL 

An  additional  Ad  to  an  Act,  intituled.  An  Aft  concerning  Servants  and  Slaves. 

I.  T"W7HEREAS  many  great  Charges  have  arifen  to  the  Province  by  Punifli- 
yy  ment  of  Slaves,  who  having  Liberty  from  their  Owners  to  hire  themfelves 
out,  and  have  committed  Robberies  ;  by  the  Importation  of  Slaves  from  foreign 
Parts,  for  Crimes  by  them  committed ;  by  the  Condemnation  of  Slaves  to  Death 
for  capital  Crimes,  for  Want  of  a  Punifhment  adequate  to  the  Crimes  they  have  been 
guilty  of;  and  by  the  high  Valuation  of  Slaves  condemned  to  Death,  or  killed  by 
Virtue  of  an  Outlawry  : 

II.  B  E  it  Ena^ed,  by  the  Governor,  Council,  and  Afjemhly,  and  bv  the  Authority 
of  the  fame.  That  no  Perfon  who  Ihall  permit  any  Slave  to  hire  himfelf  or  henelf  out, 
ihall  be  intitled  to  receive  any  Pay  from  the  Public,  fhould  they  be  punifhed  for 
any  Crimes  by  them  committed  during  the  Time  of  fuch  Permiffion  j  any  Ulage  or 
Cuflom,  to  the  contrary,  notwithftanding. 


Preamb'fJ 


Maders  permit- 
ing  Slavei  to  h,re 
thtmlelves  cut, 
nut  t'l  be  allowed 
for  them,  (li  uld 
they  be  pun^Hied 
toi  any  Ciime. 


III.  AND  be  it  further  Ena"ed,  by  the  Authority  aforefaid.  That  no  Perfon  Perfons  kaowing- 
hereafter  purchafing  any  Slave,  tranfported  for  Crimes  from  foreign  Parts  into  this  '^  Furchafmg 
Province,  fhall  be  intitled  to  receive  any  Payment  from  the  Public,  ihould  luch 
Slave  afterwards  be  convicted  anJ  punifhed  for  any  Crimes  committed  within  this 
Province ;  unlefs  he  firft  made  Oath,  in  the  Court  appointed  for  trying  fuch  Slave, 
that*  he  did  not,  at  the  Time  of  his  purchafing,  know  that  fuch  Slave  had  been 
tranfported  here  for  any  Crimes  committed  in  foreign  Parts,  (a) 


Slaves  iranfp  Tttd 
for  C'rinies  com- 
mitted abr>id, 
not  to  be  allowed 
tui  them  if  pu- 
nifhed for  Crimes 
hire. 


CHAP.     VIII. 

An  Act  for  altering  the  Method  of  working  on  the  Roans,  and  appciniing  Public  Ferries    Repealed  by  the 
vnthin  the  Counties  of  Craven,  Carteret,   Johnflon,  Beaufort,  Orange,  and  On-    ^^"^"^^'^• 
flow. 


CHAP.     IX. 

An  Act  for  appointing  a  proper  Place  for  holding  the  Supreme  Court  of  Jiifticc,  Oyer  and 
Terminer,  and  General  Gaol  Delivery,  for  the  Diflrict  i?/ Northampton,  Edgcomb^ 
and  Granville. 

I.  TTTHEREASit  hath  been  reprefented  to  the  Affembly  by  the  Inhabitants 

"Vy     oi  Northampton,  Edgcomb,   and  Granville,   that  Enf  eld,    the  Place  where 
the  Supreme  Court  of  Jultice,  Oyer  and  Terminer,  and  General  Gaol  Delivery,  for 

the 


(aj  The  three  laft  Sedions  cf  this  Ad  repealed,  by  Aft  Oaober  1764,  Chap.  8. 


Prtamble. 


222 


LAWS    of    North-Carolina. 


Supreme  Court 
tc  be  heW  at  Ha- 
iifax. 


All  Prorefs  to  be 
made  returnable 
chere> 


A.  D.  1758.  the  faid  Counties,  have  been  ufually  held,  is  not  central  to  the  faid  Diftrift  -,  and  that 
the  Juftices  of  the  faid  Court,  and  the  Officers,  Suitors,  Jurors,  and  others,  whofe 
Attendance  at  the  fame  is  by  Law  required,  is  fubjedt  to  great  Hardfhips  and  In- 
conveniences, for  Want  of  proper  Accommodation  and  Kntertainment :  For  Re- 
medy whereof, 

IL  B  E  it  Ena^ed^  by  the  Governor,  Council^  and  JJfembly,  and  by  the  Authority 
of  the  fame.  That  from  and  after  the  Tenth  Day  of  October  next,  the  laid  Court  fhall 
be  conftantly  held  for  the  laid  Diilridt,  on  the  Days  and  Times  by  Law  appointed, 
in  the  Town  of  Halifax,  and  not  at  Enfield  aforefaid  ;  any  Law,  Ufage,  or  Cuftom, 
to  the  contrary,  notwithftanding. 

III.  AND  be  it  further  Enacted,  That  after  the  aforefaid  Tenth  Day  of  October 
all  Appearances,  and  Returns  of  Procefs,  fhall  be  made  to  the  laid  Court  in  the 
Town  of  Halifax  aforefaid;  and  all  Recognizances,  Bonds  and  Obligations  for 
Appearances,  and  all  Writs,  Summonles  for  WitnefTes,  and  other  Procefs,  as  valid 
and  effeftual,  as  it  the  faid  Place  had  been  exprefsly  mentioned  tlierein :  And  all 
Suitors,  WitnefTes,  and  others,  whofe  Attendance  is  required  at  the  faid  Court, 
fhall  appear  thereat  in  the  Town  oi  Halifax  aforefaid,  under  the  fame  Rules  and 
Regulations,  and  lubjed  to  the  like  Pains  and  Penalties  for  Default  therein,  as  they 
fhould  or  would  have  been  fubjed  or  liable  to,  if  the  faid  Court  had  continued  to 
be  held  at  Enfieldt 

IV.  AND  whereas  it  will  be  neceflary  to  ere^t  a  Court-Houfe,  Prifon,  Pillory, 
Stocks,  and  Clerk's  Office,  in  the  Town  of  Halifax  aforefaid,  for  holding  the  faid 
Court,  and  the  Detention  and  Punifhment  of  Offenders ;  Be  it  further  Enacted,  by 
the  Authority  aforefaid.  That  the  Directors  and  Truflees  of  the  Town  of  Halifax  be, 
and  are  hereby  impowered  and  required,  to  remove  the  Prifon,  Pillory,  Stocks, 
and  Clerk's  Office,  which  are  erected  at  Enfield  aforefaid,  and  re-build  and  place 
the  fame  in  the  faid  Town,  or  to  erect  and  build  others  therein,  together  with  a 
Court-Houfe,  as  to  them,  or  the  Majority  of  them,  fhall  feem  mofl  convenient ; 
and  they,  or  the  Majority  of  them,  ffiall  and  may,  and  are  hereby  impowered  and 
required,  to  contra6l  and  agree  with  an  Undertaker  or  Undertakers  to  perform  the 
fame,  and  to  take  Bond  and  Security  for  fuch  Performance* 


Public  Buildings 
to  be  built  at  Ha- 
lifax. 


Mnnpy  approprl- 
ated  for  that  I'ur- 
pule. 


Tnx  of  6d.  hid 
for  the  lame, 


Sheriff  of  Gran- 
»ille  to  p^y  Ma- 
ny levied  by  Mif- 
talce  in  Granville 
to  the  Direflora 
of  Halifax. 


V.  AND  for  enabling  fuch  Commiffioners  to  difcharge  Contrafts  as  they  fhall 
enter  into  for  the  Purpofes  aforefaid  ;  Be  it  further  Enacted,  by  the  Authority  afore- 
faid. That  the  Sum  of  One  Hundred  and  Thirty  Four  Pounds  Nine  Shillings  and 
Four  Pence  Three  Farthings,  ProCiamation  Money,  now  in  the  Hands  of  Robert 
Jones,  Jun.  and  belonging  to  the  faid  Counties  oi  Northampton,  Edgcomb,  and 
Granvi.le,  fhall  be  by  him  paid  into  the  Hands  of  the  faid  Truflees  and  Direftors, 
and  by  them  applied  for  the  Purpofes  aforefaid  j  any  Law,  to  the  contrary,  not- 
withftanding. 

VI.  BE  it  further  EnaBed,  by  the  Authority  aforefaid.  That  a  Poll -Tax  of  Six: 
Pence  be  levied  on  each  taxable  Perfon  in  the  aforefaid  Counties  of  Northampton  and 
Edgcomb,  to  be  coUeded  for  the  prefent  Year  by  the  faid  Sheriffs  refpeftively,  and 
accounted  for  and  paid  to  the  faid  Truflees  and  Directors,  at  the  fame  Time,  and 
in  fuch  Manner,  and  under  the  like  Penalties,  as  by  Law  diredled  for  the  colleding, 
accounting  for,  and  paying  Public  Taxes. 

VII.  AND  whereas  JVilliam  Johnfon,  late  Sheriff  of  the  County  of  Granville 
aforefaid,  did,  through  Miflake,  levy  on  the  taxable  Perfons  in  the  faid  County, 
for  the  Year  One  Thoufand  Seven  Hundred  and  Fifty  Seven,  the  Sum  of  Six  Pence, 
Proclamation  Money,  each,  towards  erefting,  at  Enfield  aforefaid,  a  Clerk's  OfBce 
and  Prifon  •,  Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  William 
Johnfon  fhall  pay  the  faid  Money  by  him  fo  collefted  to  the  laid  Direftors  and  Truf- 
tees ;  and  in  Cafe  of  his  Refufal  or  Negleft,  fhall  or  may  be  compelled  thereto  by 


L  ji  IV  S    of    North-Carolina. 


22' 


a  Judgment  of  the  aforefaid  Court,  on  Motion  of  the  faid  Truftees  and  Diredors  j    ^-  D.   1758. 

provided  that  the  faid  I'FiUiam  John/on  have  Ten  Days  previous  Notice  of  fuch 

Motion. 


VIII.  AND  he  it  further  EnaEled,  by  the  Authority  aforefaid^  That  the  faid  Truf- 
tees and  Direftors  fhall  apply  the  aforefaid  Monies,  and  fuch  other  Sum  or  Sums  as 
they  Ihali  obtain,  by  voluntarily  Donation  of  Gcntlen  en,  or  otherwife,  towards 
building  a  Court-Houfe,  removing  and  re-building  the  Prifon,  Pillory,  Stocks,  and 
Clerk's  Office,  now  at  Enfield^  into  the  Town  oi  Halifax  aforefaid  -,  or  in  ere6dng  or 
building  in  the  fame,  others  for  the  Ufe  of  the  Supreme  Court  of  Juftice,  Oyer  and 
'terminer,  and  General  Gaol  Delivery,  for  the  faid  Diltridj  as  to  the  faid  Commif- 
fioners  and  Diredtors  Ihall  fecai  molt  convenient. 

IX.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  it  fhoulci 
hereafter  be  thought  neceffary  to  remove  the  Court  ot  Edgcomb  County  from  Enfed, 
the  Place  where  it  is  now  held,  into  the  Town  of  Halifax  aforefaid,  the  JuIHces  of 
the  faid  County  ihall  and  may,  and  are  hereby  declared  to  have  full  Power  and  Au- 
thority to  hold  a  Court  fur  the  faid  County,  from  Time  to  Time,  in  the  Court- 
Houfe  to  be  erefted  for  the  Supreme  Court  of  Juftice,  Oyer  and  lerrMner,  and  Ge- 
neral Gaol  Delivery,  for  the  faid  Diftricl ;  and  to  have  the  Ufe  of  the  Frilon  and 
Stocks  to  be  built  for  the  fame,  in  as  free  and  ample  Manner,  to  all  Intents  and 
Purpofes,  as  if  the  fame  had  been  ereded  and  built  at  the  particular  Expence  of  the 
faid  County :  And  the  Inhabitants  of  the  faid  County  fhall  not  be  compelled  or 
obliged  to  pay  any  further  or  other  Sums  towards  repairing  or  re-building  the  afore- 
faid Court-Houfe,  Prifon,  Pillory,  or  Stocks,  than  what  is  herein  before  direfted, 
or  fhall  hereafter  be  by  Law  appointed  ;  any  Thing  herein  contained,  or  any  Law 
to  the  contrary  thereof,  notwithftanding. 


And  apprripri3te4 
fur  ertilinj  I'ub- 


O'unfy  Cduit  of 
E3gcomh  rcnioT. 

Jjftices  t  have 
Pi  wer  to  fit  in 
the  'SL'prtme  Crt, 
llouk,  &c, 


CHAP.    X.    • 

An  Act  for  regulating  Ordinaries  and  Houfes  of  Entertainment,   and  for  other  Pur* 

pofes.     K  E  P. 


CHAP.    XI. 

An  Act  to  make  Troviftcn  for  paying  the  Chief  Juftice  and  Attorney  General's  Salaries^ 
and  defraying  the  contingent  Charges  of  Government.     EXP. 


CHAP.    XII. 

Anr  Act  for  dividing  the  County  of  Johnfton,  -and  other  Purpofes. 

I.  ^T  7  H  E  R  E  A  S  the  large  Extent  of  the  County  of  Johnflcn  renders  It  griev-    P'^«"' 

VV     ous  and  burthenfome  to  many  of  the  Inhabitants  thereof  to  attend  the 
Courts  and  General  Mufters,  and  other  Public  Meetings  appointed  therein : 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affemhly,  and  hy  the  Authority    ccunty  divided, 
of  the  fame.  That  from  and  after  the  Tenth  Day  oi  April  next  the  faid  County  be 

divided  by  the  dividing  Line  between  the  Parilh  of  St.  Patrick  and  the  Parifh  of  St. 

Stephen  ;  and  that  that  Part  of  the  faid  County  which  is  now  the  Parifh  of  St.  Stephen 

remain,  be  called,  and  known  by  the  Name  of  Johnflon ;  and  that  that  Part  of  the    D^bbs  County  e- 

faid  County  which  is  the  Parifh  of  St.  Patrick,  be  thenceforth  ereded  into  a  diftindt    '■^^'^'*« 

County,  and  called  and  known  by  the  Name  of  Dohhs. 

III.  A  N  D  for  the  due  Adminiftration  of  Juftice,  Be  it  further  Enacted,  by  the    courts  to  le  held. 
Authority  aforefaid.  That  after  the  aforefaid  Tenth  Day  of  April,  a  Court  for  the 

aforefaid 


224 


LAWS    of    North -Carolina. 


^.   D.   1758. 


*   Altered  by  the 
Jnftrior  Court 
Ai\,  pa(!"t(l  Nov. 
I7G2,   thap,  2, 


ShrifF  W  collea 
as  before  the  D." 
vifion. 


D  .Kbs  Part  of  the 
Southern  Diftrift. 


aforefaid  County  of  Johnfton  be  conftantly  held  by  the  Juftices  thereof,  at  a  Place 
called  Hinton's  garter,  on  the  South  Side  of  Neufe  River,  upon  the  laft  Tuejdays  in 
January,  April,  July,  and  October;  *and  alfo  that  a  Court  for  the  faid  County  of 
Dobbs  be  conftantly  held  by  the  Juftices  thereof,  at  the  Court-Houfe  on  Walnut 
Creek,  upon  the  firft  Tuefdays  in  February,  May,  Augufi,  and  November,  every  Year, 
as  by  the  Laws  of  this  Province  is  provided,  and  ftiall  be,  by  Commiffion  to  the 
Juftices  of  the  faid  Counties,  refpedively,  direded. 

IV.  AND  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  nothing  herein 
contained  ftiall  be  conftrued  to  debar  the  Sheriff'  ot  the  faid  County  of  Johnfton,  as 
the  fame  ftands  now  undivided,  to  make  Diftrefs  for  any  Levies,  Fees,  or  other 
Dues,  that  ftiall  be  due  from  the  Inhabitants  of  the  faid  County,  on  the  faid  Tenth 
Day  of  /Ipril,  in  the  fame  Manner  as  by  Law  the  faid  Sheriff"  could  or  might  have 
done  if  the  faid  County  had  remained  undivided  \  and  the  faid  Levies,  Fees,  and 
other  Dues,  ftiall  be  colleded  and  accounted  for  in  the  fame  Manner  as  if  this  Adl 
had  never  been  made  j  any  Thing  herein  contained,  to  the  contrary,  notwithftanding. 

V.  AN B  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  after  the  faid 
Tenth  Day  of  April  the  faid  County  of  Dobbs  ftiall  be,  continue,  and  remain  Part 
of  the  Diftrid  of  the  Supreme  Court  of  Juftice,  Oyer  and  terminer,  and  General 
Gaol  Delivery,  ufually  held  for  the  Counties  of  Cr^ww,  Carteret,  Johnfton,  Beaufort^ 
and  Hyde ;  and  the  Sheriff'or  Colle6tor  of  the  faid  County  oi  Dobbs  fhall,  from  Time 
to  Time,  account  for  and  pay  to  the  Public  Trealurer  for  the  Southern  Diftrift  of 
this  Province  for  the  Time  being,  all  Public  Levies  by  him  collected,  or  wherewith 
he  ftiall  ftand  chargeable,  in  the  fame  Manner,  and  under  the  like  Pains  and  Penal- 
ties, as  other  ShenfFsi 


Royal  Preroga- 
tive of  Inrorpo- 
lation,  favtd, 


Vi.  PR  0  UJ^D  E  D  always.  That  nothing  herein  contained  ftiall  be  conftrued, 
deemed,  or  taken,  to  alter  or  derogate  from  the  Right  and  Royal  Prerogative  of 
his  Majefty,  his  Heirs  and  SuccefTors,  of  granting  Letters  of  Incorporation  to  the 
faid  Counties,  of  ordering,  appointing,  and  diredling  the  Eledlion  of  a  Member  or 
Members  to  reprefent  them  in  Affembly,  and  of  granting  Markets  and  Fairs  to  be 
kept  and  held  in  them  refpedively ;  but  that  the  faid  Right  and  Prerogative  ftiall 
and  may,  at  all  Times  hereafter,  be  exercifed  therein  by  his  faid  Majefty,  his  Heirs 
and  Succeflbrs,  in  as  full  and  ample  Manner,  to  all  Intents  and  Purpofes  whatfoever, 
,  as  if  this  Ad  had  never  been  made,  (b) 


CHAP.    Xlit. 


private! 


County  divided, 


An  AEI  fot  dividing  Edgcomb  County. 

\.  TT7HEREAS  divers  Inconveniences  attend  the  Inhabitants  of Edgcomh 
W    County,  by  Reafon  of  the  large  Extent  thereof,  and  the  great  Diftance 
that  many  of  them  live  from  the  Court-Houfe,  and  other  Places  ufually  appointed 
for  Public  Meetings  j 


II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the 
Authority  of  the  fame.  That  from  and  immediately  after  the  Firft  Day  of  January 
next  enfuing,  the  faid  County  of  Edgcomb  be  divided,  by  the  dividing  Line  between 
the  Parifti  of  Edgcomb  and  the  Parifti  of  St.  Mary  -,  and  that  that  Part  of  the  faid 
County  which  is  now  the  Parifti  of  St.  Mary,  remain,  be  called,  and  known  by  the 
Halifax  erefleJ.  Name  of  Edgcomb  County ;  and  that  that  Part  of  the  faid  County  which  is  now  the 
Parifti  of  Edgcomb,  be  thenceforth  ereded  into  one  diftind  County,  and  called  and 
known  by  the  Name  of  Halifax. 

in.  AND 


(hj  The  laft  Seftion  of  this  Aft  provided  for  by  the  Road  A<ft. 


L  A  IV  S    of    North-Carolina. 


225 


III.  AND  for  the  due  Adminiftration  of  Juftice,    Be  it  further  Er.a^ed^    h    '^^  -O.   J75S. 

the  .iuthority  aforefaid,    Thar  after  the  faid  Firfl;  Day  of  January,    a  Court  for  the      *-— ^' ' 

faid  County  of  ^i^c^;;;^  be  conftantly  held,    by  the  Juftices  thereof,    at  Redman's    ^^T/Aa  i^csl 
Oldjield,  o:\Tyoncoca,  upon  the  Days  and  Times  by  Law  appointed  for  that  Purpoie;    ^^'^p- *• 

and  alfo  that  a  Court  tor  the  faid  County  of  Halifax  be  conftantly  held,  by  the 
Juftices  thereof,  at  Enfield,  upon  the  Firft  Tiiefias  \n  March,  June,  September,  and 
December,  in  every  Year,  as  by  the  Laws  of  ihis  Province  is  provided,  and  ftiall 
be,  by  Commiffion  to  the  Juftices  of  the  faid  Counties,  refpedlively,  direded, 

IV.  AND  be  it  further  Ena£ied,  by  the  Authority  aforefaid.  That  nothing  herein  sherff  to  diflr^ft 
contained  (hall  be  conftrued  to  debar  the  Sheriff  of  the  faid  County  of  Edgcomb,  as  [ole'lhs:  DivTc^n* 
the  fame  ftands  now  undivided,    to  make  Diftre's  for  any  Levies,  Fees,  or  other 

Dues,  that  ftiall  be  due  from  the  Inhabitants  of  the  faid  County  on  the  faid  Firft 
Day  oi  January,  in  the  fame  Manner  as  by  Law  the  faid  Sheriff  could  or  mio-ht  have 
done  if  the  faid  County  had  remained  undivided  -,  and  the  faid  Levies,  Fees  and 
other  Dues,  ftiall  be  col]e6ted  and  accounted  for  in  the  fame  Manner  as  if  this  Ad 
had  never  been  made ;  any  1  hing  herein  contained,  to  the  contrary,  notwithftand- 
ing. 

V.  BE  it  further  Enaled,    by  the  Authority  aforefaid.    That  after  the  faid  Firft    Hai;f,x  p-,rt  „f 
'Dz.'^  o{  January,  the  faid  County  oi  Halifax  ftiall  be,  continue,  and  remain  iart  of   '^^  N-^"'"tnD.f- 
the  Diftrid  of  the  Supreme  Court  of  Juftice,  Oyer  and  Terminer,  and  General  Gaol 
Delivery,   ufually  held  for  the  Counties  oi  Northampton,  Edgcomb,    and  Granville  \ 

and  the  Sheriff  or  Colledor  of  the  faid  County  oi  Hali'ax  Ihall,  from  Time  to  Time, 
account  for  and  pay  to  the  Public  Treafurer  of  the  Northern  Diftrid  of  this  Province 
for  the  Time  being,  all  Public  Levies  by  him  collected,  or  wherewith  he  ftiall  ftand 
chargeable,  in  the  fame  Manner,  and  under  the  like  Pains  and  Penalties,  as  other 
Sheriffs. 


VI.  Pi?  0  r/D  E  D  ^/:t'<?jj.  That  nothing  herein  contained  ftiall  be  conftrued,  R"y''  Prcrnw. 
deemed,  or  taken,  to  alter  or  derogate  from  the  Rights  and  Royal  Prerogative  pt  uonflved?**""' 
his  Majefty,  his  Heirs  or  Succeffor  ,  of  granting  Letters  of  Incorporation  to  the 
faid  Counties,  and  of  ordering,  appointing,  and  directing  the  Election  of  a  Mem- 
ber or  Members  to  reprefent  them  in  Affcmbly,  and  of  granting  Markets  and  Fairs 
to  be  kept  and  held  in  them  refpectively ;  but  that  the  faid  Right  and  Prerogative 
ihall  and  may,  at  all  Times  hereattcr,  be  exercifed  therein  by  his  faid  Majefty,  his 
Heirs  or  Succeffors,  in  as  full  and  ample  Manner,  to  all  Intents  and  Furpoles  what- 
foever,  as  if  this  Act  had  never  been  made. 


CHAP.     XIV. 

An  A£f  for  dividing  the  PariJh  of  St.  John,  in  Granville  County. 

I.  TTTHEREASby  Reafon  of  the  large  Extent  of  the  Par'fti  of  St.  John,  in 
the  County  oi  Granville,  the  Minifter  thereof  is  put  to  great  Difficulty 
in  difcharging  the  Duty  of  his  F\.nction,  and  the  Pariftiioners  are  fubject  to  many 
Inconveniences ; 


w 


See  A£l  pafTeJ 
Auril  23,  1761, 
Chap  II. 


II.     B  E  it  therefore  Enacted,  by  the  Governor,  Council,    and  AJfembly,  and  by  the 
Authority  of  the  fame.  That  from  and  immediately  after  the  Twentieth  Day  oi  Sep- 
tember next,  the  faid  Parifh  of  St.  John  be  divided  into  Two  diftinct  PariHies*  to    *  The  remaining 
wit.    Beginning  at  Cotton  Creek  where  the  Vtrginia  Line  croffts  ihe  fame,    thence    ''*'t"jih'^cia..fe 
running  South,  Thirty  Degrees  Weft,  to  J ohnfton  County  "L'xnc;  and  that  all  that    \1<^a  aU^^' 
Part  ot  the  faid  Parifti  .which  lies  Eaftward  of  the  Line,  remain  and  be  called  the    ''*'''  ^^''^• 
PariQi  of  St.  John ;  and  that  all  that  other  Part  of  the  faid  Parifti  which  lies  Weft- 
ward  of  the  faid  Line,  ftiall  be  one  other  diftinct  Parifti,  and  called  by  the  Name  of 
Craavilh, 

III.  AND 
F  f 


23. 
II. 


Vcftryrr.tn     op- 

i).)iini:d. 


226  LAWS     of    North-Carolina. 

A.  D.  1758.  III.  A  N B  he  it  further  Ena^ed^  by  the  Authority  af or efaid,  Thzi  JVilliam  Eaton, 
JVilliam  Perfon,  Charles  Johnfton,  William  Johnjlon,  Philemon  Hazvki7is,  Gideon  Mackon, 
Ofhorne  Jefferies,  Lodwick  Alford,  John  Pope,  Williar,i  Maffey,  Uaniel  Harris,  and 
"John  Hawkins,  be,  and  are  hereby  appointed  Vertrymen  lor  the  laid  Parifh  of  St. 
John ;  and  that  Robert  Harris,  Richard  Henderfon,  Reuben  Learey,  Henry  Hoivard, 
Richard  Harris,  Jun.  James  Mitchel,  Andrcjo  Hampton,  Thomas  Lowe,  Evan  Rag- 
land,  IVilliam  Benford,  Darwin  Elwick,  and  Sharzvood  Harris,  be,  and  are  hereby 
appointed  Veftrymen  for  the  faid  Pariih  ot  Granville :  And  the  faid  Perfons  reJpec- 
tively,  within  Twenty  Days  after  the  faid  Twentieth  Day  ot  September,  fhall,  before 
a  Magiftrate  of  the  faid  County  of  Granville,  take  the  Oaths  by  Law  appointed  to 
be  taken  for  the  QLiahfication  of  Public  Officers,  and  repeat  and  fubfcnbe  the  De- 
claration direded  to  be  made  by  an  Act  of  Aflembly,  intituled,  ^Jn  A51  for  appoint- 
ing Parijloes  and  Veftries,  for  the  Encouragement  of  an  Orthodox  Clergy,  for  the  Advame- 
ment  of  the  P  rot  eft  ant  Religion,  and  for  the  Direction  of  the  Settk7nent  of  Parifh  /accounts -^ 
and  alfo  repeat  and  fublcribe  the  Teft. 


Pen.      fiT     not 

qujl:f^ing. 


Their  powers. 


IV.  AN D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  Perfon 
hereby  appointed  of  the  Veftnes  aforefaid  refpectively,  who  fhall  refufe  or  neglect 
to  take  the  Oaths  afore-mentioned,  and  repeat  and  fubfcribe  the  Declaration  and 
Teft,  in  Manner  aforefaid,  Ihall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Pro- 
clamation Money,  to  the  Parifh  whereof  he  is  a  Refident ;  to  be  recovered  by  the 
Churchwardens  thereof,  by  a  Warrant  from  any  Two  of  his  Majefty's  Juftices  of 
the  Peace  for  the  faid  County,  and  to  be  applied  towards  lefTening  the  Levy  of  the 
faid  Parifh  :  And  in  fuch  Cafe,  or  where  a  Veftryman  fhall  die  or  remove  out  of  the 
Parifh  for  which  he  is  appointed,  the  other  Perfons  appointed  as  aforefaid,  or  the 
Majority  oi  them,  fhall  and  may,  after  being  qualified  in  Manner  herein  before  di- 
rected, elect  and  choofe  another  Perfon  (being  a  Freeholder)  in  Place  of  him  who 
fhall  lo  refufe,  or  neglect,  or  die,  or  remove  j  and  fuch  Perfon  fo  elected  in  Manner 
aforefaid,  after  his  taking  the  Oaths,  and  repeating  and  fubfcribing  the  Declaration 
aforefaid,  and  Teft,  fhall  be  deemed  and  held  a  legal  Veftryman,  to  all  Intents  and 
{•urpoles,  as  if  he  had  been  particularly  appointed  by  this  Act^ 

V.  AND  he  it  further  Endued,  by  the  Authority  aforefaid.  That  the  faid  Veftries, 
refpe6lively,  fliall  continue  to  be  Vefl:ries ;  and  fhall  and  may  continue,  ufe  and  ex- 
ercife  the  like  Powers  and  Authorities,  as  other  Veftries  within  this  Province  may, 
can,  or  ought  to  ufe  and  enjoy ;  and  be  fubject  to  the  Pains  and  Penalties  for  Breach 
or  Neglect  of  Duty,  fpecitied  in  the  aforefaid  Act  of  Affembly,  until  the  ufual 
Time  of  electing  Veftrymen. 

contranas  be-        VI.     AN D  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  all  Contracts, 

forerhedvifijn,    j^^crrcements,    and  Orders,    heretofore  entered  into  or  made  by  the  Veftry  of  the 

faid  Parifti>of  St.  John,  as  it  now  ftands  entire  and  undivided,  fhall  be,  continue, 

and  remain  of  the  fame  Force,  Validity,  and  Efiect,  as  if  this  Act  had  never  been 

made. 

Farft  of  St.  VII.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  aforefaid 
Granv.iie  HaU  Veftry  of  the  Parifh  of  St.  John,  after  paying  the  Minifter's  Salary,  difcharging  the 
at/t'quai  pr.por-  Allov/ances  made  to  the  Poor,  and  other  Demands  wherewith  the  faid  Parifh  of  St. 
„onof  the  Tax-  j^j^^^^  ^^  -^  ^^^  j^  ^j^^j^.^  ^^^  Undivided,  flands  chargeable,  fhall  pay  and  fatisfy  to 
the  Veftry  of  the  faid  Parifh  of  Granville,  an  equal  Proportion  of  all  the  Money 
levied  for  the  Ufe  of  the  laid  Parifh  of  St.  John,  whether  the  fame  be  colledled,  or 
by  the  Collector  of  the  faid  Parifh  ftill  to  be  accounted  for;  due  Regard  being  had 
to  the  Number  of  Taxables  in  each  of  the  faid  Parifhes  :  And  if  the  Tax  already 
impofed  by  the  Veftry  of  the  faid  PariHi  of  St.  John  fhall  be  infufhcient  to  anfwer 
the  faid  Demands,  the  faid  Veftry  of  the  aforefaid  Parifti  of  Granville  fhall  pay  and 
fatisfy  to  the  faid  Veftry  of  the  Parifti  of  St.  John  an  equal  Proportion  of  fuch  Defi- 
ciency, Regard  being  had  to  the  Number  of  Taxables  as  aforefaid. 

Vm.  AND 


es. 


L  A  IV  S     of    North-Carolina. 


:27 


to  be  cri. 
as   btltiie 


VIII.     AND  be  it  further  EnaHed^    by  the  Authority  aforefaid^    That  nothing    ^.  D.    1758 
herein  contained  Ihall  be  conftrued  to  debar  the  CoUcdor  of  the  laid  t'arllh  of  St.    J^ 
J.ohn^  as  the  fame  (lands  now  undivided,  to  make  Dillrefs  for  any  Levies  or  Taxes    Ui\ 
that  (hall  be  due  from  the  Inhabitants  of  the  faid  Parilh  on  the  Jaid  Twentieth  Day    '*''  Dmficn. 
of  September^  in  the  lame  Manner  as  by  Law  the  iaid  Collector  could  or  might  have 
done  if  the  faid  Parilh  had  remained  undivided-,    and  the  faid  Levies  and  Taxes 
fhall  be  colledled  and  accounted  for  in  the  fame  Manner,  as  if  this  Aft  had  never 
been  made ;  any  Thing  herein  contained,  to  the  contrary,  notwi Jiftanding. 


C  H  A  P.     XV. 

An  A£l  for  dividing  the  Parip  of  North- Weft. 

I.  T  T  7  H  E  R  E  A  S  by  Reafon  of  the  great  Length  of  the  Parifli  of  North-Wefl^    Privaten 

y  Y  in  the  County  of  Northampton^  it  is  extremely  difficult  lor  the  Minifter 
thereoi  to  difcharge  the  Duty  of  his  Function,  and  many  Inconveniences  attend  the 
Parifhioners  thereol : 


n.  BE  it  therefore  Ena&ed,  hy  the  Governor^  Council^  and  A£embly^  and  h  the 
Authority  of  the  jame^  That  from  and  imme.iiarely  after  the  Firlt  Day  of  January 
next,  the  faid  Panlh  oi  North-Wefl  be  divided  into  Two  diftinft  ranfhcs;  from 
5^r//>  County  Line,  by  Pc/zV^//^  Swamp,  to  the  Head  Branch  thereof ;  and  from 
thence,  by  a  oirett  Courfe,  to  the  Country  Line,  where  the  fame  crofles  Jack^ 
Swamp  j  and  that  all  that  Part  of  the  faid  Parifh  which  lies  North  Well  of  the  laid 
Bounds,  fhall,  for  ever  hereatter,  remain,  be  called,  and  retain  the  Name  of  the 
Pariih  o'i^  No  th-lVeJi;  and  that  all  that  other  Part  of  the  faid  Parilh  which  lies 
Southward  of  the  laid  Bounds,  fliall  thereafter  be  a  diftincl  Parilh,  and  called  and 
known  by  the  Name  of  the  Parilh  of  St.  George,  (a) 


PdriHi  dividedt 


Nrnh  Weft  Pa- 
lifh  eiefted. 


VI.  AND  be  it  further  EnaSIed^  by  the  Authority  aforefaid.  That  the  aforefaid  To  pay  an  eq«ai 
Veflry  of  the  Pariih  of  North-JVeft,  afcer  paying  the  Miniller's  Salary,  difcharging  c'^Tr^iFa'rifl!.'* 
the  Allowances  made  to  the  Poor,  and  other  Demands  wherewith  the  faid  Pariih  of 
North-lVefi,  as  it  now  is  entire  and  undivided.  Hands  chargeable,  fhall  pay  and  fa- 
tisfy  to  the  Vellry  of  the  faid  Parilh  of  St.  George.,  an  equal  r'roportion  of  all  the 
Money  levied  for  the  Ufe  of  the  faid  Parifh  of  North-lVeJi,  whether  the  fame  be 
collected,  or  by  the  Colleftor  of  the  faid  Parifh  Hill  to  be  accounte4  for,  due  Re- 
gard being  had  to  the  Number  of  Taxables  in  each  of  the  faid  Parifhes  :  And  if 
the  Tax  already  impofed  by  the  Veflry  of  the  faid  Parifh  of  North4Veft  fhall  be  in- 
fufficient  to  anfvver  the  faid  Demands,  the  faid  Veflry  of  the  aforefaid  Parifh  of  6"/. 
George,  fhall  pay  and  fatisfy  to  the  faid  Veflry  of  the  Parifh  of  North-lVefi,  an  equal 
Proportion  of  fuch  Deficiency,  Regard  being  had  to  the  Number  of  Taxables  as 
aforefaid. 


VII.  AND  be  it  further  Enacted.,  by  the  Authority  aforefaid.,  That  nothing 
herein  contained  fhall  be  conftrued  to  debar  the  Collector  of  the  faid  Parifh  oiNorth- 
IVefi,  as  the  fame  flands  now  undivided,  to  make  Diftrefs  for  any  Levies  or  Taxes 
that  Ihall  be  due  from  the  Inhabitants  of  the  faid  Parifh  on  the  faid  Firft  Day  of 
January.,  in  the  fame  Manner  as  by  Law  the  faid  Colleftor  could  or  might  have 
done  it  the  faid  Pariih  had  remained  undivided  ;  and  the  faid  Levies  and  Taxes  fhall 
be  coUefted,  and  accounted  for,  in  the  fame  Manner  as  if  this  Aft  had  never  been 
made  j  any  Thing  herein  contained,  to  the  contrary,  notwithftanding. 

F  f  2  CHAP. 


Colleflor  to  d;f. 
trefs  for  Tavrs, 
;s  before  the  Dj. 


(a)  The  3d,  4th,  Sttid  5th  Seftions  of  this  Ail,  obfolete,  being  provided  for  by  the  Vellry  A(5l. 


228 


L  A  JV  S    of    North-Carolina. 


ji.  D. 


Private. 


175S 


Nixon  Town  ef- 

Ubl.flied. 


Truftees  appoint- 
ed for  buildin"  it. 


CHAP.    XVI. 

An  AEi  for  ejiahlijhing  a  Town  on  the  Lands  formerly  belonging  to  Zachariah  Nixon, 
lying  on  the  North  Eajl  Side  of  Little  River,  in  Palquotank  County. 

I.  TTTHEREASic  hath  been  reprefented  to  the  Aflembly,  that  in  the  Year 
y  Y  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty  Six,  One  Hun- 
dred and  Sixty  One  and  a  Halt  Acres  of  Land  was  purchafed  for  a  Town  and  Com- 
mons, Fifty  Acres  of  which  hath  been  laid  out  in  Half  Acre  Lots,  with  convenient 
Streets  ;  that  there  are  now  upwards  of  Twenty  habitable  Houfes  ereftcd  thereon, 
and  upwards  of  Seventy  Inhabitants ;  and  that  the  fame  might  foon  be  improvev', 
if  it  was  erected  into  a  Town  by  lawful  Authority  : 

II.  B  E  it  therefore  EnaHed,  by  the  Governor,  Council,  and  JJfembly,  end  by  the 
Authority  of  the  fame.  That  the  faid  One  Hundred  and  Sixty  One  and  an  Half  Acres 
of  Land,  be,  and  the  fame  is  hereby  conftituted,  eredled,  and  eftablifhed  a  Town, 
and  Town  Commons,  and  ihall  be  called  by  the  Name  of  Nixon  Town. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  and  after 
palTing  this  A61,  Jofeph  RobinfoJt,  Thomas  Nichotfon,  William  Lane,  Aaron  Morris, 
and  Francis  Nixon,  be,  and  they,  and  every  of  them,  are  hereby  conftituted  Direc- 
tors  and  Truftees,  for  defigning,  building,  and  carrying  on  the  faid  Town  ;  and 
they  fliall  ftand  feized  of  an  indefeafible  Eftate,  in  Fee,  in  the  faid  One  Hundred 
and  Sixty  One  and  a  Half  Acres  of  Land,  to  and  for  the  Ufes,  Intents,  and  Pur- 
pofes,  herein  expreffed  and  declared  ;  and  that  the  faid  Diredlors,  or  any  Three  of 
them,  fhall  have  full  Power  and  Authority  to  meet  as  often  as  they  fhall  think  ne- 
celTary,  and  caufe  an  exafl  Plan  of  One  Hundred  Acres  of  faid  Land  to  be  made, 
as  near  as  may  be,  agreeable  to  the  Streets  already  laid  out,  and  to  infert  a  Mark 
or  Number  of  each  Lot ;  which  Plan  lh.all  be  kept  in  fome  convenient  Place  in  the 
faid  Town,  for  the  View  of  fuch  Perfons  who  have,  or  incline  to  have,  a  Lot  or 
Lots  in  the  fame. 


Lots  already  f^'d, 
refeived  M  the 
Proprietors. 


Truftees  to  exe- 
cute D'^cds  for 
L'>ts  already  (old, 
and  Hut  conveyed. 


And  to   fell  tliofe 
Chat  are  unfold, 


IV.  PROVIDE!)  neverthelefs.  That  nothing  in  this  Aft  contained  fhall  be 
conltrued  or  extend  to  grant  Power  to  the  faid  Direiftors,  or  their  Succeffors,  to 
difpofe  of,  or  interfere  with,  the  Titles  of  any  Lot  or  Lots  already  faved  in  the  faid 
Town,  or  for  which  any  Perfon  or  Perfons  have,  at  the  Time  of  pafFing  this  A6t, 
a  Deed  of  Sale  or  Conveyance,  figned  and  executed  according  to  Law,  either  by 
Zachariah  Nixon,  in  his  Lifetime,  or  by  the  Perfons  impowered  by  his  laft  Will 
and  Teftament,  to  do  the  fame  :  But  fuch  Deeds  and  Conveyances  as  aforefaid, 
provided  the  Lot  or  Lots  therein  mentioned  has  or  have  been  faved,  or  be  hereafter 
laved  within  Three  Years  after  the  pafTing  this  Ad,  in  the  fame  Manner  as  the 
Lots  hereafter  to  be  granted  are  to  be  faved,  purfuant  to  the  Diredlions  of  this  Aft, 
are  hereby  confirmed,  in  Fee,  to  fuch  Perfon  or  Perfons,  and  to  his  or  their  Heirs 
and  AfTigns,  for  ever. 

V.  AND  whereas  it  may  be  that  fome  Perfon  or  Perfons,  Owner  or  Owners 
of  one  or  more  faved  Lots  in  the  faid  Town,  has,  or  have  neglefted  to  have  the 
faid  Lot  or  Lots  made  over  to  them  by  Deed  or  Conveyance,  by  either  the  faid 
Zachariah  Nixon,  in  his  Lifetime,  or  by  the  Perfons  appointed  by  his  lafl  Will  and 
Teflament  fo  to  do  fince  his  Deceafe :  In  Order  therefore  to  quiet  and  fecure  the 
faid  Perfon  or  Perfons  in  the  PofTefTion  of  his  or  their  Lot  or  Lots,  //  is  hereby 
Enabled,  by  the  Authority  aforefaid.  That  the  faid  Direftors,  or  the  Majority  of 
them,  fhall,  at  the  proper  Coil  and  Charges  of  the  Perfon  or  Perlbns  having  one 
or  more  faved  Lots  not  made  over  to  them,  make  and  execute  Deeds  for  granting 
and  conveying  the  fame  to  him  or  them,  his  and  their  Heirs  and  AfTigns,  lor  ever. 

VI.  AND  he  it  further  Erased,  by  the  Authority  aforefaid.  That  the  faid  Direc- 
tors, or  a  Majority  of  them,  within  One  Month  after  the  laying  out  of  the  faid 
Town,  and  making  the  Plan  thereof,  fhall  appoint  a  Time,  and  »ive  Public  Notice 

thereof. 


LAWS    of    North-Carolina. 


229 


thereof,  and  fo  from  Time  to  Time,    as  often  as  they  fhali  think  it  necefiary,  to    ^-  -0.  \-j-%. 

make  Sale  of  any  Lot  or  Lots  therein  laying  vacant  or  unimproved,  to  the  hiahelt     ^-''"^' ' 

Bidder  j  and  the  faid  Direclors,  or  a  Majority  of  them,  fhail  make  and  execute 
Deeds  for  granting  and  conveying  the  fame  to  iuch  Furchafer,  his  Heirs  and  Affio-ns, 
for  ever,  at  the  Coft  and  Charge  of  the  Grantee  to  whom  the  fame  fhall  be  con- 
veyed ;  and  every  Perfon  claiming  any  Lot  or  Lots  by  Virtue  of  any  fuch  Convey- 
ance, fhall  and  may  hold  and  enjoy  the  lame  in  Fee-Simple. 

VII.  PROVIDED  neverthelefsy  That  every  Grantee  of  any  Lot  or  Lots  in   ^"^^  '"'>«  ^^"^ 
the  fiij  Town  fj  conveyed,  fhall,  within  Three  Years  next  after  the  Date  of  the   '*'"'""  3  ^ciis. 
Purchafe,  ered,  build,  and  finifh,  on  each  Lot  fo  conveyed.  One  good  habitable 

H^ufe,  with  a  Brick  or  Stone  Chimney,  Twenty- Feet  long,  Fifteen  Feet  wide, 
■a  id  Nine  Feet  Pitch  in  the  Clear,  or  proportionable  to  Iuch  Dim  nfions,  if  fuch 
Grantee  fhall  ha\^e  Two  or  more  Lots  contiguous;  and  if  the  Owner  of  any  Lot 
ftiall  not  comply  with  the  Diref'tijns  by  this  A6t  prefcriDcd,  for  building  andfinifli- 
ing  an  H  mie  tiiereon,  then  fuch  Lot  ihall  be  re-velted  in  the  faid  Directors ;  and 
the  laid  Direclors,  or  the  Majority  of  them,  may,  and  they  are  hereby  impowered 
and  authonzed,  t )  fell  fuch  Lot,  in  the  lame  Manner  as  if  the  faid  Lot  had  never 
been  fold  or  granted  :  Aad  in  Cafe  of  the  Refufal  or  Neglect  of  any  Purchafer  to 
pay  the  Sum  agreed  for,  the  faid  Direilors  fliall  and  may  commence  and  profccute 
a  Suit,  in  their  own  Names,  for  the  fame,  and  thereon  recover  Judgment,  with 
Cofts. 

VIII.  AND  be  it  further  Enaled^  That  all  Monies  which  fhall  arife  by  the  Monies  f.r  Saie 
Sale  of  faid  Lots,  fhall  be  paid  to  the  faid  Direcfors,  and  their  Succeffors,  and  by  °[^;;'"'/P?"f'*- 
them  applied  for  thf-  Benefit  and  Improvement  of  the  faid  Town,    in  fuch  Manner 

as  the  Maj j;ity  of  the  laid  Directors  fhall  think  proper. 

IX.  AND  for  continuing  the  SuccefTion  of  the  faid  Diredors  until  the  faid   Succ^oncf  di« 
Town  fhall  be  incorporated,  Be  it  further  Enacted^  by  the  Authority  aforejaid^  In  Cafe   ''^"^ '''P' "?' 
of  the  Death,   Refufal  to  act,    or  Removal  out  of  the  County,    of  any  of  the  faid 
Direftors,  the  Remaining  Direftors,  or  the  Majority  of  them,  fhall  alfemble  at  faid 

Town,  and  are  hereby  impowered,  from  Time  to  Time,  by  Intlrument  in  Writing, 
under  their  refpeftive  Hands  and  Seals,  to  nominate  Ibme  other  Perfon  (being  a 
Freeholder  of  the  faid  Town)  in  the  Place  of  him  fo  dying,  refuhng  to  aft,  or  Re- 
moval out  of  the  County  ;  which  new  Director,  fo  non.inated  and  appointed,  fhall, 
from  thenceforth,  have  the  like  Power  and  Authority,  in  all  Things  in  the  Matter 
herein  contained,  as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this 
A6t. 


CHAP.    XVII. 

An  ASf  to  efiablifh  a  Ferry  from  Solley/s  Poi7U  to  Relf'j  Point,   whereon  the  Court' 
Houfe  nozv Jiands,  on  Pdi'quozank  River.     EXP. 


CHAR     XVIII. 

An  ASlfor  defir  eying  Squirrels  in  the  Counties  within  mentioned,     EXP. 


CHAP.     XIX. 

An  Act  for  repealing  an  Act  therein  mentioned. 

I-  TTrHEREAS  One  Aft  of  AlTembly,    intitu'ed.    An  Act  for  preferving  PreamWej 

V  y     Peace,  and  continuing  a  good  Correfpondence  with  the  Indians  in  Alliance  with 
his  Majeflfs  Subjects,    has  not  procured  the  good  EfTefts  hoped  forj    but,  on  the 

contrary, 


230  LAWS    of    North-Carolina. 


A.  D.   i758_    contrary,  is  likely  to  alienate  the  AfFedians  of  the  faid  Indians  from  the  Inhabitants 
*'"^""»'"~'^'     of  this  Province : 

Aa  repealed.  J  j_     ^  _g  ^^  therefore  Enacted,  ly  the  Governor,  Council,  and  JJfemhly,   and  hy  the 

Authority  of  the  fame.  That  the  faid  recited  A6t,  and  every  Claufe  and  Article  thereof, 
fliall  be  from  henceforth  repealed,  and  made  null  and  void. 

CHAP.     XX. 

An  Act  to  relieve  John  Pope  from  a  Judgment  obtained  againjl  hitriy  in  Favour  of  the 
Parifhes  of  Edgcomb  and  St.  Mary. 

Piivate.  I.  TTTHEREASin  the  Year  One  Thoufand  Seven  Hundred  and  Fifty  Three 

y  y  the  Veftry  of  the  Parifh  oi  Edgcomb,  in  the  County  oi  Edgcomb,  did  lay 
a  Tax  of  Two  Shillings  and  Three  Pence,  Proclamation  Money,  upon  each  taxable 
Perfon  in  the  faid  Parifh,  for  defraying  the  Charges  of  the  fame,  and  appointed 
John  Pope,  Gentleman,  Colledlor  thereof;  but  it  afterwards  appearing  that  the  faid 
Veftry  was  not  legal,  the  faid  John  Pope  could  not  levy  the  faid  Tax,  or  otherwife 
compel  Payment  thereof;  notwithftanding  which,  Judgment  hath  been  recovered 
againft  the  faid  John  Pope  for  the  fame,  and  he  hath  dil'charged  great  Part  thereof : 
And  the  faid  Parifh  of  Edgcomb,  fmce  impofing  the  faid  Tax,  hath  been  divided, 
and  a  Part  thereof  ereded  into  a  diftinft  Parifh,  by  the  Name  of  the  Parifh  of  St. 
Mary  ;  and  the  Veftries  of  the  faid  Parifhes  are  in  Doubt  whether  they  have  Power 
to  releafe  the  faid  Judgment  without  paying  thereof,  or  refund  the  faid  John  Pope 
the  Money  by  him  paid  in  Part  thereof: 

jlh'nPope.''^''"^  ^^-  B E  it  therefore  Enacted,  by  the  Governor,  Council,  and  AJfembly,  and  by  the 
Authority  of  the  fame.  That  the  Veftries  of  the  faid  Parifhes  refpedively  may,  and 
are  hereby  authorized  and  impowered,  to  repay  the  faid  John  Pope  fuch Proportion 
of  the  faid  Tax  as  they  refpedlivcly  have  received,  and  to  grant  a  Releafe  or  Re- 
leafes  to  him  for  fuch  Part  of  the  faid  Judgment  as  they  are  intitled  to  receive,  or 
fo  much  of  each  of  them  as  to  them,  in  their  Difcretion,  fhall  feem  reafonable ;  any 
Law  or  Ufage,  to  the  contrary,  notwithftanding. 


SIGNED    by 


Arthur  Dobbs,  Efq;  Governor. 
Matthew  Rowan,  Prefident. 
Samuel  Swann,  Speaker. 


ANNO 


LAWS    o/'    North-Carolina.  231 


A.  D.    1759. 

ANNO     REGNI 

G    E    O    R    G    I    I      IL 

REGIS 

MAGN^  BRITANNIJE,  FRANCIS,  &   HIBERNI^, 

TRICE  SSIMO     TERTIO. 

At  a  General  ASSEMBLY,    began  and  held  at  Newbern^    on  the  ARTHUR 

DOBBS.Efq; 

Twelfth  Day  of  December^    in  the  Year  of  our  Lord  One  Thoufand  Governor. 
Seven  Hundred  and  Fifty  Four  j  and  from  thence  continued,  by  feveral 
Prorogations,  to  the  Eighth  Day  of  May^  in  the  Year  of  our  Lord  One 
Thoufand  Seven  Hundred  and  Fifty  Nine,  to  be  then  held  at  'Newbern: 
Being  the  Eighth  SefliOxi  of  this  AiTembly. 

CHAP.     L 


:  re- 


An  Act  for  raifing  Money  for  finijijing  the  Churches  in  the  PdrifJoes  of  St.  James  and  St.    This  Aft 

Philip,  hi  New  Hanover  County,  by  a  Lottery.                      .  7.^!%ll,  "ch! 

__^ s. 

CHAP.     IL 

An  Act  to  impower  the  Jujlices  of  Dobbs  County  to  hear  and  determine  all  Caufes  com- 
menced and  undetermined  in  Johnfton  County  Court  before  the  Divifwn  of  the  fend 
County. 

I.  TTTHEREAS  by  One  Aft  of  Aflembly  made  and  pafled  zt  Edenton,  in  PrwinV?. 

y  V  the  Year  of  our  Lord  One  Thouland  Seven  Hundred  and  Fifty  Eight, 
intituled,  An  Act  for  dividing  the  County  of  Johnfton,  and  other  Purpofes,  it  is  enafted, 
that  from  and  after  the  Tenth  Tyzy  o(  April,  then  next  following,  the  faid  County 
of  Johnjlon  be  divided  by  the  dividing  Line  between  the  Parifh  of  St.  Patrick  and 
the  Parilh  of  St.  Stephen  -,  and  that  that  Part  of  the  faid  County  which  was  then  the 
Parifh  of  St.  Stephen  fhould  remain,  be  called,  and  known  by  the  Name  o{  Johnjlon; 
and  that  that  Part  of  the  faid  County  which  was  the  Parifh  of  St.  Patrick  be  thence- 
forth ereded  into  a  diftind  County,  and  called  and  known  by  the  Name  oi  Dobbs : 

And 


232  LAWS    of    North-Carolina. 


And  whereas  tliere  is  not  any  Provifion  made  in  the  faid  Aft  for  the  Trial  of  fuch 
Caufes  as  were  commenced  in  Johnjlon  County  (no\«  called  Dobbs  County)  Court, 
and  undetermined  on  the  faid  Tenth  Day  of  April  -, 

Count"  to^ilear  ^^'  ^  ^  ^^  Etiacted,  by  the  Governor,  Council,  and  Jjfemhly^  and  by  the  Authority 
all  Caufes  pend-  of  thc  fame^  That  the  Juftices  oi  Dobbs  County  Court  Ihall  and  may,  and  they  are 
before" the'ofv'i"  hereby  authorized,  impowered,  and  direfted,  to  hear,  try,  and  determine,  all 
fiun,  Caufes  which  were  pending  in  the  faid  County  Court  of  Johnjton,  and  undetermined 

on  the  faid  Tenth  Day  of  /ipril,  and  to  give  Judgment,  and  award  Execution  there- 
upon, in  the  fame  Manner,  to  all  Intents  and  Purpofes,  as  the  Juftices  of  Johnjion 
County  Court  might  or  could  have  done  if  the  faid  County  had  remained  undivided  j 
any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

S  I  G  N  E  D    by 

Arthur  Dobbs,  Efq;  Governor, 

Matthew  Rowan,  Prefident, 
Samuel  Swam,  Speaker, 


■If  M^  -J/  \V  W  My  M^  \U 


ANNO 


LAWS    of    North-Carolina. 


233 


j^.  D.    1759. 


4#     %#     %#     %#     %#     %#^-^%^       %#     %#     %#     %#     %# 
#^     #f     #%     #%-#f     ^^^J«^#%       ^%     ^f     f^     ff     f% 


ANNO       REGNI 


G   E   O   R   G   I   I    II. 

REGIS, 

MAGNiE    BRITANNIA,     FRANCIiE,    &    HIBERNIiE, 

TRICESSIMO     TERTIO. 


At  a  General  ASSEMBLY,    begun  and  held  at  Neivbern,    on  the   ARTHUR 

DC)BBS,E% 

Twelfth  Day  of  December^    in  the  Year  of  our  Lord  One  Thoufand   Governor. 
Seven  Hundred  and  Fifty  Four,  and  from  thence  continued,  by  feveral 
Prorogations,    to  the  Twentieth  Day  of  November^    in  the  Year  of 
our  Lord  One  Thoufand  Seven  Hundred  and  Fifty  Nine,    then  held  at 
Wilmington:    Being  the  Ninth  Seffion  of  this  AlTembly. 


C  H  A  P.     L 

An  Act  to  amend  and  continue  an  Atl,  intituled.  An  Ad  for  the  better  Regulation  of 
the  Militia,,  and  other  Purpofes.     EXP. 

C  H  A  P.  2.     An  Atl  for  granting  an  Aid  to  his  Majefty,  for  faying  and  fuhjijling  the  This  Aa  had  its 
Forces  ana  Militia  now  in  the  Fay  of  this  Frovime^  and  for  other  ^^''^' 
Purpofes. 

3.     An  A£l for  the  Appointment  of  Veftries.     REP. 

CHAP.     IV. 

An  Act  for  erecting  Fart  of  the  Counties  of  Chowan,  Bertie,  and  Northampton,  into 

a  County  and  Farifh. 

I.  TT  THERE  AS  the  large  Extent  of  the  Counties  o{  Choivan,  Bertie,  and   preambkj 

y  Y  Northampton,  renders  it  grievous  and  burthenfome  to  many  of  the  Inha- 
bitants thereof  to  attend  the  Courts  of  Juflice,  and  other  Public  Meetings  appointed 
therein  :  For  Remedy  whereof, 


Gg 


II.  BE 


234  L  A  IV  S    of    North-Carolina. 


A.  D.  1759.  II.  BE  it  Enaled,  by  the  Governor,  Council,  and  AffemVy,  and  by  the  Authority 
Hei'^rrtfclirfy  ^f.  ^^^  fatne.  That  from  and  afcer  the  Firit  Day  of  May  next  the  faid  Counties  be 
erefted.  divided  as  follows,  to  wit.  Beginning  in  Eertie  County  at  the  firfl:  high  Land  on  the 

North  Weft  Side  of  Mare  Branch,  on  Chowan  River  Focofon  ;  running  thence  by 
a  dired  Line  to  Thomas  Outlaw's  Plantation,  near  Stoney  Creek ;  thence  by  a  direft 
Line  to  Northampton  County  Line,  at  the  Plantation  whereon  James  Rutland  for- 
merly lived  i  then  along  Northampton  County  Line  to  the  Head  of  Beaver  Dam 
Swamp  ;  thence  by  a  dircft  Line  to  the  Ealtermoft  Part  of  Kerbfs  Creek  ;  thence 
down  the  Creek  to  Meherrin  River;  tHcn  up  Meherrin  River  to  the  Virginia  Line; 
then  Eafterly  along  the  Virginia  Line  to  Bennett  Creek  -,  then  down  Bennetts  C  reek 
to  Chowan  River ;  then  acrofs  the  River  to  the  Mouth  of  the  faid  Ma7-^  Branch  ; 
and  up  the  Branch  to  the  Beginning:  And  all  that  Part  of  the  faid  Counties  in- 
cluded within  the  faid  Bounds  be  thenceforth  erefted  into  a  diftinft  County  and 
Parifh,  and  cailed  and  known  by  the  Name  of  Hertford  County,  and  Parifli  of  St. 
Barnabas. 


^"T'S'f "'  ^^^'     ^  ^■^  ^^  ^^  further  EnaBed,  by  the  Authority  aforcfaid.  That  John  Edwards^ 

running  the  di-    John  Brown,  and  John  Baker,  Efquires,  be  appointed  Commiffioners ;  and  they,  or 

vidwa  Lines.         ^^^  Two  of  them,  are  hereby  impowered  and  dinfted   to  run  the  faid  dividino- 

Lines  between  the  faid  Counties,    agreeable  to  t!ie  Diredions  in  this  Ad:  before 

mentioned,    and  to  return  a  fair  Plan  thereof  to  the  Court  of  the  laid  County  of 

Hertford. 

c  "rtfnrth- f.-d  iv^  A  N  D  for  the  due  Adminiftratlon  of  Juftice,  Be  it  Enabled,  by  the  Authorty 
.h':id'.'  ^ '"  "  aforefaid.  That  after  the  aforcfaid  Firft  Day  of  May,  a  Court  for  the  faid  County  of 
Com  d  s  a!-  i^^^^f^^'^  be  conftantly  held  by  the  Juftices  thereof  at  Cotton's  Ferry,  on  the  South 
t.,  ,ibv  Aa  Side  o^  Chowan  River,  upon'  the  Fourth  Tuejdays  in  May,  Auguft,  November,  and 
1708,  Chap.  a.  February,  in  each  and  every  Year,  as  by  the  Laws  of  this  Province  is  provided,  and 
fnall  be  by  CommifTion  to  the  Juftices  of  the  faid  County  direded. 

Part  of  N-rfh-        V.     AN  D  be  it  further  EnaEfed,  by  the  Authority  aforefaid.  That  from  and  after 
ed  ta  tht  I'ariih    the  paffing  of  this  Ad:  all  that  Part  of  the  Parifti  of  North-Weft  as  fhall  lie  to  the 
of  St.  George,       Wcftward  of  the  aforefaid  Counties  oi'  Bertie  and  Hertford,  Ihall  be  added  to,  and 
united  and  coiifolidated  with,  the  Parifti  of  St.  George,  in  the  faid  County  of  North- 
ampton, and  fiiall  remain  one  entire  Parifti,  and  be  called  and  known  by  the  Name 
of  tiie  Parifti  of  St.  George. 

shlT.'ifs'fl."  "^        "^I-     ANB  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  nothing  herein 

maiong  D.drefs    containcd  ftiall  be  conftrued  to  debar  the  Sheriffs  of  the  Counties  of  Chovan,  Bertie, 

c'<l^r'b^i7,l\Z    ^nd  Northampton,    as  they  refpedively  now  ftand  undivided,    to  make  Diftrefs  for 

CoL'nci-s  "^  '*"'    ^"^  Levies,  Fees,  or  other  Dues,  that  fliall  be  due  from  the  Inhabitants  of  the  faid 

Counties  on   the  faid  Firft  Day  of  May,    in  the  fame  Manner  as  by  Law  the  laid 

Sheriff's  might  or  could  have  done  if  the  faid  Counties  had  remained  undivided  •,  and 

the  faid  Levies,  Fees,  and. other  Dues,  ftiall  be  colleded  and  accounted  for  in  the 

fame  Manner  as  if  this  Ad  had  never  been  made ;  any  Thing  herein  contained,  to 

the  contrary,  notwithftanding. 

^e'^plnih  of  n"  ^^^'  ^^-^  ^^  ^'^  further  EnaHed,  by  the  Authority  aforefaid.  That  all  Sums  6f 
wed^lfur'e  the  Moncy  which  ftiall  be  owina;,  due,  and  belonging  to  the  laid  )^2.x\^oi  North-Weft, 
^f^^Z\X^.  at  the  pairing  of  this  Ac%  ftiall  be  paid  and  fatisfied  to  the  Veftry  of  the  Parifti  of 
of  St,  George.  St.  George ;  and  the  faid  Parifti  of  St.  George  ftiall  ftand  chargeable  to  every  Perfon 
and  Perfons  whatfoever  for  all  Demands  they  may  refpedively  have  on  the  faid  Pa- 
rifti of  North-Weft,  at  the  Time  aforelaid. 

"T/pl^f"thl'       .^^"-     ANB  be  it  further  EnaEfed,    by  the  Authority  aforefaid.    That  after  the 

Oiiiiiftof  Eden-    faid  Firft  Day  of  A%,  the  faid  County  of //fr//^r<i  ftiall  be,  continue,  and  remain 

'""••  F'art  of  the  Diftrid  o{  Edenton:    And  the  Sheriff  of  the  faid  County  oi  Hertford 

fhall,  from  Time  to  Time,  account  for,  and  pay  to  the  Public  Treafurer  of  the 

Northern 


23i: 


LAWS    of    North-Carolina. 

Northern  Diftridl  for  the  Time  being,  all  Public  Levies  by  him  colleded,  or  where-   ^-  D.   1759. 
with  he  fhall  ftand  chargeable,  in  the  fame  Manner,  and  under  the  like  Pains  and     ^"•"'^ — ^ 
Penalties,  as  other  Sheriffs. 

IX.     PRO  VI D  E D  always.  That  nothing  herein  contained  fliall  be  conftrued,    "'\f S"i'',['o,. 
deemed,  or  taken,  to  alter  or  derogate  from  the  Rights  and  Royal  Prerogative  qt    poLion,  &c?'* 
his  Majefty,  his  Heirs  and  SucceiTors,  of  granting  Letters  of  Incorporation  to  the    p"'""'^''- 
faid  County,  and  of  ordering,  appointing,  and  directing  the  Election  of  a  Mem- 
ber or  Members  to  reprcfent  them  in  Aflembly,  and  of  granting  Markets  and  Fairs 
to  be  kept  and  held  in  the  faid  County ;    but  that  the  faid  Right  and  Prerogative 
fhall  and  may,  at  all  Times  hereafter,  be  exercifed  therein  by  his  faid  Majefty,  his 
Heirs  or  SucceiTors,  in  as  full  and  ample  Manner,  to  all  Intents  and  Furpoles  what- 
foever,  as  if  this  Act  had  never  been  made. 


C  H  A  I*.     V. 


J^n  Act  to  amend  an  Act  for  appointing  Sheriffs,  and  directing  their  Bitty  in  Office;  and 
for  compelling  Collectors  of  Public  Taxes,  and  Perfons  intrufled  voith  laying  out  Public 
Money,  to  apply  and  account  for  the  fame.     REP. 


CHAP.     VI. 


An  Act  to  impower  Lawrence  Thompfon,  late  Sheriff  of  Orange  County,  to  collect  and  Thu  Aa  had  its 
.    receive  a  fax  of  Two  Shillings,  Proclamation  Money,  laid  on  the  taxable  Perfons  in   ^'^'^° 
the  County  of  Orange,  by  an  Act  of  Jffembly  of  this  Province,  paffed  in  the  Thirtieth 
Tear  of  the  Reign  of  our  Sovereipi  Lord  George  the  Second,  of  Great  Britain,  France, 
and  Ireland,  King,  and  fo  forth. 


CHAP.     VII, 

An  Act  for  enlarging  the  Time  alloived  for  faving  Lots  in  the  Tovm  ^/Halifax,  preve7it- 
ing  the  building  fFooden  Chimnies  therein,  and  other  Purpojes. 

I-  TT  T'HEREAS  by  one  Ad  of  AfTcmbly,  paffed  in  the  Thirty  Firfl  Year  Pmat.. 
-  W  of  the  Reign  of  his  prefent  Majefly,  intituled.  An  Act  for  eflablifhing  a 
Town  on  the  Land  of  James  Leflie,  on  Roanoke  River,  among  other  Things,  it  is 
provided.  That  the  Grantee  of  every  Lot  in  the  faid  Town  fhall,  within  Three 
Years  after  obtaining  a  Conveyance  for  the  fame,  ere6t  and  finifh  thereon  a  Houic 
of  the  Dimenfions  therein  fpecified  ;  and  on  Failure  thereof,  every  Lot  wherein  fuch 
Hou!e  fhall  not  be  fo  erefted,  fliall  be  re-vefted  in  the  Direftors  of  the  faid  Town 
by  the  faid  Aft  appointed  :  And  whereas  the  Smallpox  hath  raged  in  the  faid  Town 
for  many  Months  pafl,  whereby  many  Perfons  have  been  prevented  from  favin'^ 
their  Lots,  agreeable  to  the  DirecT:ion  of  the  faid  Aft  :  ^ 

II.  B  E  it  therefore  Enacted^  by  the  Governor,  Council,  and  Affembly,  and  by  the  Time  u  favin? 
Authority  of  the  fame.  That  every  Lot  in  the  faid  Town  on  which  a  Floufe  fhall  be  ^''"'* 
qrefted  and  built  of  the  Dimenfions  mentioned  in  the  faid  Aft  within  the  Space  of 
Five  Years  next  after  the  pafTing  of  this  Ad:,  and  alfo  every  Lot  therein  which  fhall 
hereafter  be  lold  or  conveyed  on  which  fuch  Houfe  (hall  be  erefted  within  the  Space 
of  Five  Years  after  the  Date  of  the  Conveyance  made  for  the  fame,  fliall  be^  and  is 
hereby  declared  to  be  veiled  in  the  Grantee  thereof,  in  Fee-Simple;  any  Thin^  in 
the  faid  recited  Acl,  to  the  contrary,  notwithflanding.  ° 

.    III.     AND  whereas  fuITcring  Wooden  Chimnies  to  be  built  in  the  faid  Town     w.ndm  cKim- 
may  occafion  Accidents  by  Fire ;    Be  tt  further  Enaited,    by  the  /Authority  aforefaid    "" '"  '''  '"■'"* 
That  no  Perlon  whatfoever  fliall   hereafter  ereft  any  Wooden  Ciiimney  in  the  faid       '"' 
Town  ;  and  every  Perfon  who  hath  already  built  any  fuch  Wooden  Chimney  therein^ 

^  S  2  fiiali^ 


2^6  LAWS    of    North-Carolina. 

A.  i>.  1759.  fhall  pull  down  or  remove  the  fame  within  the  Term  of  Five  Years  next  after  the 
paflTing  of  this  A6t :  And  if  any  Perfon  or  Perfons  (hall  prefume  to  aft  contrary 
hereto,  in  erefting  any  Wooden  Chimney  in  the  faid  Town,  or  in  failing  to  puU 
down  or  remove,  within  the  Time  afore-mentioned,  any  luch  Wooden  Chimney  by 
him  already  erefted  herein,  the  Directors  herein  after  mentioned,  or  any  Two  of 
them,  are  hereby  authorized,  impowered,  and  required,  to  pull  down  and  deftroy 
every  fuch  Chimney,  and  fhall  not  be  liable  to  an  Action  or  Damage  for  fo  doing ; 
and  if  the  faid  Directors,  or  any  of  them,  fhall  be  fued  for  the  liime,  they  may 
plead  the  General  Iffue,  and  give  this  Act  in  Evidence. 

Direaors  ap-  IV.    AND  whereas  John  Gibfon,  Gentleman^  one  of  the  Direftors  of  the  faid 

po,nied.  Town,  by  removing  to  the  Colony  of  Virginia,  hath  vacated  his  faid  Office  •,  Ee  it 

therefore  Ena'ted,  by  the  Authority  af or ef aid.  That  lr(  m  and  after  the  pafTing  of  this 
Aft,  Thomas  Barker,  Alexander  M'CuUoh,  Rjbert  Jones,  Jun,  Richard  Browhrigg, 
Stephen  De^vy,  Thomas  M^Knight,  and  Daniel  Weldcn,  Gentlemen,  be,  and  are 
hereby  appointed  Direftors  and  Truftees  of  the  faid  Town  ;  and  ihall  and  may 
life  and  exercile  the  fame  Powers  and  Authorities  as  the  Direftors  thereof  appointed 
by  the  aforefaid  Aft  could  or  mighc  have  cxercifed,  ufed,  and  enji.yed  by  Virtue  of 
the  fame :  And  in  Cafe  of  the  Death,  Refufal  to  aft,  or  Removal  out  of  the 
Country,  of  any  of  the  faid  Direftors,  the  furviving  or  other  Direftors  fhall  and 
are  hereby  required  and  impowered,  to  chule  another  Direftor,  agreeable  to  the 
Direftions  of  the  laid  Aft,  in  the  Room  of  him  i^  dying,  refufing  to  aft,  or  re- 
moving out  of  the  Country. 

Who  are  fo  exe-  V.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid,  That  the  faid  Direc- 
Lott.  "  *  °'  tors,  or  any  Three  of  them,  fliali  and  may,  and  are  hereby  authorifed  and  impow- 
ered, to  make  and  execute  Deeds  for  granting  and  conveying  to  every  Perfon  and 
Perfons  who  already  have  purchafed,  or  hereafter  fhall  purchafe  any  Lot  or  Lots 
in  the  faid  Town ;  and  every  ferfon  claiming  any  fuch  Lot  or  Lots  by  Virtue  of 
any  fuch  Conveyance,  fliall,  and  is  hereby  declared  to  have  an  indefeafible  Eftate, 
in  Fee-Simple,  in  the  fame. 

CHAP.     VIII. 

An  Act    to  enable  William  Dry,    Efq;    to  finiJJj  Fort  Johnf^on,  at  the  Mcutb  of 

Cape-Fear  River. 

Private.  ^*  TXT  ^^  R E  A  S   the  Safety  and  Prefervation  of  that  Part  of  this  Province 

y  Y  called  Cape-Fear,  greatly  depends  on  the  fpeedy  and  efTeftual  finilhing 
the  Fort  at  the  Mouth  of  the  laid  River,  and  the  raifing  a  Fund  for  that  Purpofe 
on  the  Tonage  of  all  Ships  and  VefTels  coming  to  the  Port  of  Erimfzvick,  as  direft- 
ed  by  an  Aft  of  Affembly  of  this  Province,  intituled,  An  Act,  to  enable  the  Com- 
miffioners  of  Port  Roanoke  to  amend  the  Navigation  of  the  faid  Fort,  and  for  other 
Purpofe^,  is  attended  with  great  Delay.  And  whereas  William  Dry,  Efq;  for  and 
in  Confideration  of  the  Sum  of  Two  Thoufand  Nine  Hundred  Pounds,  Proclama- 
tion Money,  hath  undertaken  to  compleat  and  finifli  the  faid  Fort,  and  all  its  necef- 
fary  Appurtenances,  in  Two  Years  from  the  pafTing  of  this  Aft,  conformable  to 
the  Propofals  now  laid  before  the  General  Affembly ;  and  hath  given  Bond  and 
Security  to  the  Governor  and  Commander  in  Chief  for  the  Time  being,  in  the  Sum 
of  Five  Thoufand  Eight  Hundred  Pounds  Proclamation  Money,  for  the  wrll  and 
faithful  effefting  the  fame  : 


ate 
thtFjit, 


Nfonev  appropri-  U.  ^  £  jf  therefore  EnaMed,  by  the  Governor,  Council,  and  Afjemlly,  and  ^y  the 
mg  j^^ii^Qyiiy  ^y  ^ijg  jame.  That  from  and  after  the  pafTing  of  this  Kt\,  it  fhall  and  may- 
be lawful  for  the  faid  William  Dry,  his  Heirs  and  AfTigns,  to  take  and  receive,  to 
his  or  their  own  Ufe  and  Behoof,  of  and  from,  the  Mailer  of  each  and  every  Veflel 
(not  owned  in  this  Province)  entered  in  the  faid  Port  of  Brunfwick,  or  any  Port 
thereunto  belonging,  in  order  to  unlade  Goods  and  Merchandize  in  her  imported. 


Laws    of    North-Carolina. 


•^17 


or  in  order  to  take  on  board  any  Goods,  Wares,  or  Merchandizes  whatfoever  for    •^-  -0.   1755^. 

Exportation  out  of  the  faid  Port  of  Brunfwi.k,  or  Ports  thereunto  belonging,  the     ^— ^T*-*-* 

Sum  of  Two  ShiUings  Proclamation  Money  for  each  and  every  Ton  Burthen  tiiC 

faid  Ship  or  Veffel  may  be  of,  until  fuch  Time  as,  with  the  Ballance  now  in  his 

Hands  for  Powder-Money  and  Tonage  by  him  heretofore  colleded,  he  Ihall  have 

received  the  full  Amount  of  Two  Thoufand  Nine  Hundred  Pounds  aforefaid,  ex- 

clufive  of  his  Commiffions,  and  no  longer ;  provided  that  the  faid  William  Uiy^ 

fhall,  within  fix  Months  after  the  pafling  of  this  Act,  well  and  truly  account  for, 

upon  Oath,  with  the  CommilTioners  of  Fort  Johnjlon,  for  all  Powder-Money  or 

Tonage  by    him    heretofore   received ;  and  fhall,  upon  Oath,  account   with  the 

General  Alfembiy  for  all  Monies  by  him  to  be  colkded  or  received  by  Virtue  of 

this  Adt. 

III.  AN D  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  the  Ton-    Tonage  eftimat. 
acre  of  fuch  Ship  or  Veflel  fhall  be  eltimated  by  the  Number  of  Barrels  fhe  may    *''• 

carry,  allowing  for  each  and  every  Ton  Eight  Barrels,  of  Thirty-One  Gallons  and 
i  Half,  and  lb  irt  Proportion  for  other  Goods. 

IV.  A  N D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  Claufcj    Repealing  ciaufe. 
Matter,  or  Thing,  contained  in  any  Ad:  or  Ads  of  Aflembly  heretofore  made, 

relative  to  a  Duty  on  the  Tonage  ot  Shipping  entering  and  lading,  or  unlading,  ac 
the  faid  Port  ot  Brunfwick,  or  within  the  Diftrid:  thereof,  is  hereby  repealed  and 
made  void  to  all  Intents  and  Purpofes  whatfoever. 


CHAP.     IX. 

An  Act   to   enable  the  Commijfioners  of  Fort  Bath  and  Tort  Beaufort  to  amend  the 
Navigations  and  other  Purfofes.     EXP. 

CHAP.    10.     An  Act  to  impower  and  direct  the  CommiJJtoners  of  the  Dijtricts  herein   ^l°j'^l^^  ^^-^  **' 
after  mentioned^  to  lay  out  and  make  new  Roads. 


II. 


12. 


An  Act  to  eflablifh  Warehonfes  for  the  Inflection  of  'Tobacco  in  the   ^l°/'^f  t^^^ 
County  of  Dobbs,  and  other  Purpofes.  a^.  "  ''* 

An  Act  for  appointing  Commiffioners  to  finiflo  the  Court  Houfe  already 


begun  in  the  To'-jjn  of  Newbern,  and  for  other  Purpofes.     REP. 


CHAP.     XIIL 

An  Act  for  efiablifloing  a  Town  on  the  Land  formerly  granted  to  William  Churton, 
Gentleman,  lying  on  the  North  Side  of  the  River  Enoe,  in  the  County  of  Orange,  (a) 


TT7HEREAS  it  hath  been  reprefented  to  the  Aflembly  by  Petition,  that   phmm. 


I. 

in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Fifty-four, 
Four  Flundred  Acres  of  Land  was  granted  to  William  Churton,  which  was  after- 
wards laid  off  by  him  into  a  Town  and  Common  ',  and  that  Part  of  the  faid  Four 
Hundred  Acres  hath  been  likewife  laid  out  into  Lots  of  One  Acre  each,  on  fome 
of  which  good  habitable  Houts  have  been  erefted  ;  and  that  by  Reafon  of  the 
Heakhinels  of  the  faid  Place,  and  convenient  Situation  thereof,  for  an  inland  Trade, 
the  fame  might  foon  become  confiderable  if  it  was  erecled  into  a  Town  by  lawful 
Authority,  to  which  the  faid  William  Churton,  who  is  now  feized,  in  Fee,  of  the 
grcateft  Part  of  the  faid  Four  Hundred  Acres,  and  thofe  who  claim  by  Conveyance 
under  him,  having  confcnted  : 

II.     B^ 


(a)  See  Ai5l  Nov,   1766,  Chap.  15,  fcr  amending  this  Aft. 


238  L  A  V/ S    of    North-Carolina. 

__ 1  ■      —  — 

0^.  £>.   1759.  II.     B  E  it  therefore  Enacted^   by  the  Governor^  Council,  and  Jjfembly,  and  by  the 

ThTlTTi^d  ^^^^ority  of  the  fame.  That  the  faid  Four  Hundred  Acres  of  Land   be,  and  the 

chufes  altered  by  fame  is  hereby  conftituted,  erefted,  and  eftabliflied  a  Town,  and  Town  Common, 

cSp.^rs.  '^^'^'  -a"^  ^^^^  be  called  by  the  Name  of  Childfiurgh. 

Direftofs  ap.        HI.     AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  from  and  after 
''°'"'"'-  the  pafllng  of  this    Aft,  James   Watfon,  William  Cburton,  William  Reed,  Efqrs. 

William  Nunn,  and  Daniel  Cane,  Gentlemen,  and  every  of  them,  be,  and  they, 
and  every  of  them,  are  hereby  conftiftuted  Directors  and  Truftees,  for  defigning, 
building,  and  carrying  on  the  faid  Town  ;  and  they  fhall  ftand  I'eized  of  an  inde- 
feafible  Eftate,  in  Fee,  in  the  faid  Four  Hundred  Acres  of  Land,  to  and  for  the 
Ufes,  Intents,  and  Purpofes,  herein  after  exprefied  and  declared  -,  that  is  to  fay, 
That  the  faid  Diredors,  or  any  Three  of  them,  Ihall  have  full  Power  and  Autho- 
rity to  meet,  as  often  as  they  lliall  think  neceflary^  and  caufe  an  exafl  Plan  of  Two 
Hundred  Acres  of  the  faid  Land  to  be  made,  as  near  as  may  be  agreeable  to  the 
Streets  and  Lots  already  laid  out,  and  the  Refidue  thereof  fhall  be  and  remain  for 
a  Common  thereto  -,  and  that  the  faid  Directors  fhall  infert  a  Mark  or  Number 
on  each  Lot ;  which  faid  Plan  fhall  be  kept  in  fome  convenient  Place  in  the  faid 
Town,  for  the  View  of  iuch  Perfons  who  have,  or  incline  to  have  a  Lot  or  Lots 
in  the  fame* 

Lots  tefema  to  IV.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  when  the  faid 
th=  Pr.piKtor.       ^^^^  j^^j^  ^^  j^. J  ^^^^^  .J.  j^^jj  ^^j  ^^y  ^^  \^^vM  lor  the  faid  William  Churton  to 

referve  to  himfelf,  and  have  and  keep  to  his  own  proper  Ule,  Four  Acres  ot  the 
faid  Town,  lying  on  the  South-Eajl  Corner  thereof  upon  the  River  •,  Three  Acres 
of  which  Four  Acres,  have  formerly  been  laid  out  into  Lots,  and,  are  now  in  the 
Plan  of  the  laid  Town,  known  and  diftinguifhed  by  the  Letters  FG  and  H,  and 
one  other  Acre  betwixt  thofe  Lots  and  the  River,  and  bounded  by  the  Lots  Num- 
ber 5,  and  the  Letters  FGH  and  the  River ;  of  which  faid  Lots  the  faid  William 
Churton  fhall  fland  feized  of  an  indefeafible  Eftate  of  Inheritance,  in  Fee-Simple, 
in  the  fame  Manner  as  if  the  faid  Lots  had  been  by  him  faved  in  Manner  as  here- 
after diredled  by  this  Aft,  in  Confidcration  of  the  many  Services  he  hath  performed 
for  the  Inhabitants  of  the  faid  Town,  and  of  his  Labour,  Expence,  and  PainS,  in 
laying  out  the  faid  Town. 

D-ireaors  not^to  y^  PROVIDED  Mverthetefs,  That  nothing  in  this  A(5l  contained  fhall  be 
LotsakeJ/fav.  conftrucd  or  extend  to  grant  Power  to  the  faid  Diredors,  or  their  Succeffors,  to 
^^-  difpofe  of,  or  interfere  with  the  Title  or  Titles  of  any  Lot  or  Lots  already  faved  m 

the  faid  Town,  or  for  v^^hich  any  Perfon  or  Perfons  have  at  the  Time  of  pafTing  this 
Aft,  a  Deed  of  Sale,  or  Conveyance,  figned  and  executed  agreeable  to  Law,  by 
the  faid  William  Churton  •,  but  fuch  Deeds  and  Conveyances  as  aforefaid,  if  the  Lot 
or  Lots  therein  mentioned  has  or  have  been  faved  in  Manner  as  fpecilied  in  the 
faid  Deed  or  Deeds  fiom  the  faid  V/illiam  Churton,  or  fliall  be  hereafter  faved  within 
Two  Years  after  the  pafTmg  of  this  Aft,  in  the  fame  Manner  as  the  Lots  hereafter 
to  be  granted  are  to  be  faved  purfuant  to  the  Directions  of  this  A6V,  are  hereby 
declared  to  be  good  and  valid  in  Law,  and  the  Grantee  or  Grantees  fliall  have  and 
enjoy  an  Eftate,  in  Fee-Simple,  therein,     {a) 

"^omt'cT' *'"  ^\l\.     AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid,  Th^t  James  Wat- 

^"'"^ '  fon,  Efqj  one  of  the  Directors  aforefaid,  fhall  be  appointed  prefent  Treafurer,  and 

Receiver  of  all  Monies  arifing  by  Virtue  of  this  Act  -,  and  on  his  Death,  Removal 
out  of  the  faid  Town,  or  Reiufal  to  Act,  then  the  faid  Directors,  or  the  Majority 
of  them,  fhall  choofe  one  other  of  the  faid  Directors  to  fucceed  him  ;  and  every 
Treafurer  fliall  firft  give  fufficient  Security  to  the  juftices  of  the  County  Court  oi 
Orange  iov  thejuft  Performance  of  the  faid  Truft. 

IX.     AND 


(a)  The  6th  ard7th  Sea'ons  repealed  by  A<Sl  Nov.   1766,  Chap.   15. 


LAWS    of    North-Carolina.  239 

IX.  AN  D  bz  it  further  Ena^ed^  by  the  Authority  aforefaid^  That  the  faid  Direc-  ^- D.  ij^^. 
tors,  or  a  Majoruy  oi  them,  fhall  hereby  have  tuli  Ir'ower  and  Authority  to  call  D^'^^^^^^fTTnii 
any  Perfon  or  i-'eribns  to  Account  tor  any  Sum  or  Sums  of  Money  by  them  ire-  Perfons  to  Ac- 
ceived,  either  by  t'le  Sale  ol  any  Lots  formerly  granted,  or  hereafter  to  be  granted,  '"""'' 

or  from  the  Grou  Ill-Rent  chargeable  on  each  Lot,  and  to  receive  the  fame,  and 
oive  proper  and  full  Difchages  tliercupon. 

X.  AND  he  it  further  Enacted,  by  the  Authority  aforifaid.  That  all  the  Mo-  Monies apprcpri- 
nies  arifing  by  the  Sale  or  taking  up  of  the  laid  Lots,  aiter  the  Directors  reafonable 

Charges  and  Expences  for  their  fevcral  Services  are  deducted,  fhail  be  appropriated, 
laid  out,  and  applied  to  fuch  Ufe  or  Ufes  as  the  faid  Directors,  or  a  Majority  of 
them,  Ihall  think  convenient,  for  the  better  Encouragement  of  the  faid  Town. 

XI.  AND  for  continuing  the  Succeffion  of  the  faid  DirecStors  until  the  faid  Sucrefflon  of  du 
Town  fhall  be  incorporated  ;  Be  it  EnaiUd,  by  the  Authority  aforefaid.  In  cafe  of  "  °"  ^'^  "*** 
the  Death,  Rekifal  to  adl:,  or  Removal  out  of  the  Town,  of  any  of  the  faid  Di- 

reftors,  the  remaining  Direftors,  or  the  Majority  of  them,  Ihall  alfemble  at  the 
faid  Town,  and  are  hereby  impcnvered,  by  Inftrument  in  Writing  under  their  re- 
fpective  Hands  and  Seals,  to  nominate  fome  other  Perfon,  being  a  Freeholder  of 
the  faid  Town,  and  refiding  therein,  in  the  Place  of  him  fo  dying,  refufing  to  Act, 
or  Removal  out  of  the  Town ;  which  new  Director  ^o  nominated  and  appointed, 
fhall,  from  thenceforth,  have  the  like  Power  and  Authority  in  all  Things  in  the 
Matters  herein  contained,  as  if  he  had  been  exprefsly  named  and  appointed  in  and 
by  this  Act. 

CHAP.     XIV. 

An  A^  to  amend  an  A5f,  intituled.  An  A61  for  building  and  maintaining  of  Court- 
Houfes,  Prifons,  and  Stocks,  in  every  County  within  this  Province,  and  ap- 
pointing Rules  for  each  County  Prifon  ior  Debtors. 

I.  TT  THERE  AS  by  one  A6t  of  AfTembly,  pafled  in  the  Fifteenth  Year  of    Preamble.     > 

y  Y  his  prefent  Majefty,  intituled.  An  Act  fcr  binding  and  maintaining  of 
Court- Houfes,  Prifons,  and  Stocks,  in  every  County  ziithin  this  Province,  and  appointing 
Rules  for  each  County  Prifon  for  Debtors,  tt  is,  among  other  Things,  Enaded,  That 
every  Perfon  committed  to  Gaol  (not  for  Trealon  or  Felony)  upon  giving  Bond  and 
Security  to  the  Sheriff  of  the  Courtty,,  may  have  the  Liberty  of  the  Rules  of  the 
Prifon  to  which  he  is  committed  ;  which  Indulgence  hath  been  greatly  abufed : 

II.     B  E  it  therefore  Enacted,  by  the  Governor,   Council,  and  Affembly,    and  by  the    Method  of  Prfo- 
Authority  of  the  fame.  That  all  and  every  Borid  or  Bonds  which  fhall  hereafter  be    f""  fhT^rion 
given  in  Hurfuince  of  the  faid  Aft  by  any  Perfon  or  Perfbns  committed  on  a  Capias    Bounds,  and  pto- 
ad  Satisfaciendum,  fhall,  by  the  Sheriff  taking  the  fame,  be  affigned  by  the  Party  at    of'ticape'."  '^''^'^ 
whofe  Inftance  fuch  Perfon  or  Perfons  was  or  were  committed  to  Gaol,  and  fliall  be 
returned  to  the  Office  of  the  Clerk  of  the  Court  from  whence  fuch  Execution  iffued, 
there  to  be  fafely  kept,  and  fnall  have  the  Force  of  a  Judgment-,  and  if  any  Perfon 
who  fhall  obtain  the  Rules  of  any  Prifon,  upon  giving  Bond  and  Security  as  afore- 
faid,  fhall  efcape  out  of  the  fame  before  he  lliall  have  paid  the  Debt,   or  Damages 
and  Colb,  accor  'ing  to  the  Condition  of  fuch  Bond,  it  fliall  be  lawful,  and  full 
Power  and  Authority  is  hereby  given  to  the  Court  where  fuch  Bond  is  lodged,  up- 
on Motion  of  the  Party  for  whom  fuch  Execution  iffued,  to  award  Execution  againfl 
fuch  Perfon  and  his  Securines,  for  the  Debt,  or  Damages  and  Cofls,  with  Intereff,  to 
be  computed  from  the  Time  of  fuch  Efcape  till  Payment :  And  no  Perfon  or  Per- 
fons w'latfoever,  who  fhall  be  committed  to  Gaol  on  any  fuch  Execution,  fhall  have 
or  be  allow  d  the  Rules   of  any  1  rilon,  but  fliall  be  kept  in  fafe  Cuftody  in  the 
Prifon  to  which  he  or  they  fiiall  be  committed,  until  the  whole  Debt  or  Damages, 
with  Intereft,  and  Cofts,  fliall  be  fully  paid  and  fatisfied  :  Any  thing  in    the  faid 
Act  contained  to  the  contrary  notwithftanding. 

IIL     PROVIDED 


240  LAWS    of    North-Carolina. 


^.  D.  1759.  ni.  PROVIDED  always.  That  fuch  Obligor  Ihall  have  Ten  Days  pre- 
Obii^ToVve  vious  Notice  of  fuch  Motion  in  Writing,  and  the  Obligors,  in  fuch  Cafe,  Ihall 
10 Days  previuus   not  be  admitted  to  plead  JSIon  eft  FaSlumy  in  their  Defence,  unlels  they  fliall,.by 


S  I  G  NED    by 

Arthur  Dobbs,  Efqj  Governor. 
James  Hafell  Prefident, 
Samuel  Swam,  Speaker, 


ANNO 


L    A   IV  S      o/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  241 


A.  D.    1760. 

ANNO     REGNI 

G    E    O    R    G    I    I      II. 

REGIS 

M  A  G  N  /E  B  R  I  T  A  N  N  I  tE,  F  R  A  N  C  I  iE,  &   H  I  B  E  R  N  1  vE, 

TRICESSIMO     TERTIO. 

At  an   ASSEMBLY,    began  and  held    at    Newbeni^    the  Twenty-   ARTHUR 

DOBBS,  E% 

fourth  Day  of  April,  m  the  Thirty-third  Year  of  the  Reign  of  our   GovcrnoK.- 
Sovereign  Lord    GEORGE  the  Second,  by  the  Grace  of  God,  of 
Great-Britain^  France^  and  Ireland^  King,  &c.  and  in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Sixty  j  being  the  Firft  Seflion 
of  this  prefcnt  AiTembly. 

CHAP.     L 

An  Act  to  eftahlip  Inferior  Courts  of  Pleas  and  ^larter  Sejftons,  in  the  fever al  Counties 

in  this  Province.     REP. 

CHAP.     a.     An  Act  for  the  better  Care  of  Orphans^  and  Security  and  Manage- 
tnent'of  their  EJlates.     REP. 

3.  An  Act  directing  the  Method  of  appointing  Jurymen  in  all  Caufes, 

Criminal  and  Civil.     EXP. 

4.  An  Act  for  fjlaUifjing  Veflries.     REP. 

5.  An  Act  for  making  Provifion  for  an  Orthodox  Clergy.     REP. 

6.  An  Act  to  amend  and  improve  the  Navigation  from  Howard's  Bay    '*'■'"'''''■<'  <■<"■  ^j 

in  New-River,   /;;  Onflow  County,  to  Bear-Inkt.  chlil^r''  '^"' 

li  h  CHAP. 


242  LAWS      of      N  O  R  T  H  -  C  A  R  O  L  i  N  A. 

' J:. 

J.  D.  1760.  CHAP.    VII r. 

An  Act  to  confirm  an  Agreement  made  by  the  prefent  ChurchwarJ.ens  and  Veftry  of  Edg- 
comb  Parifh^  in  the  County  of  Halifax,  zvith  the  Rev.  Mr.  Thomas  Burgefs. 

Private.  I.   TT  7  H  E  R  E  A  S   by  Virtue  of  aa  Act  of  Affembly,  paffed  at  Edenton  the 

V  V  Twenty-third  Day  of  Nover/iber,  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  Fifty  Eight,  intituled,  An  Act  for  making  better  Provifwn  for 
the  Clergy.,  the  Churchwardens  and  Veftry  of  the  Parifh  of  Edgcomb.,  in  the  County 
of  Halifax.,  did  agree  with  the  Reverend  Thomas  Burgefs,  \n  October  lafb,  to  give 
and  pay  him  the  Sum  of  One  Hundred  Pounds,  Prociamacion  Money,  per  Annum., 
to  officiate  in  the  aforefaid  Parilh,  by  performing  Divine  Service  at  the  Church  and 
Chapels,  or  elfewhere  in  the  faid  Parilli,  as  fliould  be  required  by  the  faid  Veftry, 
and  pertorm  every  other  Duty  in  the  iii'd  Parilh  which  to  the  Office  of  Minifter  of 
the  Church  of  England  belongs  -,  and  alio  to  pay  the  faid  Thomas  Burgefs  Twenty 
Pounds,  Proclamation  Money,  in  Lieu  of  a  Glebe,  including  in  tE'e  whole  One 
Hundred  and  Twenty  Pounds,  Proclamation  Money;  in  Confideration  of  which, 
the  faid  Thomas  Burgefs  covenanted  to  perform  Divine  Service  at  the  Church  or 
Chapels  in  the  aforefaid  Parifh,  or  elfewhere  in  the  faid  Parifli  as  he  fiiould  be 
directed  or  required  by  the  aforeiaid  Veftry  or  their  Succefibrs ;  in  Confequence  of 
which  faid  Agreement  the  aforefaid  Thomas  Btirgejs  hath  officiated  and  performed 
Divine  Service  in  the  Church  and  Chapels  v/ithin  the  faid  Pariffi,  frcin  the  Time  of 
the  Agreement  aforefaid,  to  the  Approbation  of  the  Veftry  and  other  Pariftiioners  : 
Therefore, 

Contraa  con-  \\^     ^  E  it  Enacted.,  by  the  Go'vcrnor.,  Council,  and  AffembJy,  and  by  the  Authority 

of  the  fame.  That  the  faid  Contract  fo  made  by  and  between  the  faid  Thomas  Bur- 
gefs and  the  faid  Church  Wardens  and  Veftry  of  the  Parilh  of  Edgcomb  aforeiaid,  is 
hereby  confirmed,  and  ffiall  be  good  and  valid  in  law,  and  Ihall  be  binding  to  all 
Intents  and  Purpofes,  as  well  on  the  faid  Thomas  Burgefs  as  on  the  laid  Church- 
wardens and  Veftry  of  the  faid  Parifli,  lor  and  during,  the  natural  Life  of -the  faid 
Thomas  Burgefs^  or  the  Time  the  faid  Thomas  Burgefs  fliall  continue  to  be  Minifter 
thereof. 

CHAP.    VIII. 

tile'inf  eflion''^    /f«  Act  for  enlarging  the  Tijke  for  Infpection  of  Tobacco  at  the  Public  Warehoife  in  the 
Aft.  Town  of  Halifax  •,  for  increaftng  the  Salaries  of  the  Infpectors  of  the  j aid  Warehoufe ; 

for  eftabliflnng  Warehoiifes  in  the  County  of  Cumberland  ;  and  other  Purpofes  therein 

mentioned^ 


fumed 


SIGNED    by 


Arthur  Dobbs,  Efq-,  Governor, 

James  Hafell,  Prefident. 
Samuel  Swann,  Speaker. 


kMT  ys -vs  y&TU-^ -m,  ys  .,7 


ANNO 


LAWS    of    North-Carolina.  243 


J.  D.    1760. 

^    ^-fy   ^^   ^'"i?*   '^•^   '^■^   •^/"^s*   ■■»•   4^"^   "^-^  "^-^   -^"^   "^^  4"^   %. 
^  'fy^  -l-^*  '^'•k'  -^-k-  -^'^  ^^-^  +  -^"^  ^"^  •4^4*  '^'^  '¥'¥  4*"^   ]^ 


ANNO      REGNI 

G    E    O    R    G    I    I      II, 

REGIS, 

MAGNiE    BRITANNIA,    FRANCIS,   &    H  I  B  E  R  N  I  ^, 

T  R  I  C  E  S  S  I  M  O     T  E  R  T  I  O. 


At  an   A  S  S  E  M  B  L  Y,  beffun  and  held  at  NfTr/^^r«,  the  Twenty-fourth   ARTHUR 

DOBBS.Efcj; 

Day  of  Jpril,  m  the  Thirty-third  Year  of  the  Reign  of  our  Sovereign  Governor. 
Lord  GEORGE  the  Second,  by  the  Grace  of  God,  of  GreatBritain, 
France y  and  Ireland^  King,  &c.  and  from  thence  continued,  by  Pro- 
rogation, to  the  Twenty- fixth  Day  of  May^  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Sixty  i  being  the  Second  Scffion 
of  this  prefent    AlTembly; 

CHAP.     I. 

An  Act  for  ejlahlijhing  Superior  Courts  of  Pleas  and  Grand  Seffions^  and  regulating  thi 

Proceedings  therein.     REP. 

CHAP.    II. 

An  Act  for  repealing  an  Act  therein  mentioned, 

I.  TT7HEREAS  an  Ad  of  Aflembly,  intituled,  An  Act  to  prevent  mdlig-  PHvatt. 

VV  nant  and  infectious  Dijlempers  bei7ig  fpread  by  Shipping,  importing  diflemper- 
ed  Perfons  into  this  Province,  and  other  Purpofes,  has  been  reprefented  by  the  Petition 
of  fundry  Merchants  and  others,  and  is  found,  by  univerfal  Experience,  to  be 
greatly  prejudicial  ito  the  commercial  Intereft  within  this  Province  : 

II.     B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  AffemUy^  and  hy  the  p^^  jepsaicd, 
Authority  of  the  fame.  That  the  laid  recited  Aft,  and  each  and  every  Claufe  therein, 
be,  and  is  henceforth  repealed,  and  declared  null  and  void. 

S  I  G  N  E  D  by         Arthur  Dobbs,  Efq;  Governor*" 

James  Hafell,  Prefident. 

Samuel  Swann^  Speaker. 
Hh2  ANNO 


244  LAWS    of    North-Carolina. 

^.  D.   1760. 


«   ^^   ^^   ^^   X^   ^^    W~^    ^^   ^^   ^^   M    ^^ 
ft   I-^    ^^   ^^   ^^   ^-^    kj«(    ^^   ^   f t   fl   f - 


ANNO     REGNI 

G    E    O    R    G    I    I       II. 

REGIS, 
MAGN^    BRITANNIiE,    FRANCIiE,    &     HIBERNIiE» 

TRICESSIMO     (QUARTO. 


ARTHUR   At  an  ASSEMBLY,  begun  and  held  at  Newbern,  the  Twenty  Fourth 

DOBBS,  E% 

Governor.  Day  of  Jpril,  in  the  Thirty  Third  Year  of  the  Reign  of  our  Sovereign 

Lord  G  E  O  R  G  E  the  Second,  by  the  Grace  of  God,  oiGreat-Britaint 
France^  and  Irelandj  King,  &c.  and  from  thence  continued,  by  feveral 
Prorogations,  to  the  Twenty  Sixth  Day  of  June^  in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Sixty  j  to  be  then  held  at 
Wilmington  :    Being  the  Third  Scffion  of  this  prefent  AiTembly. 

CHAP.    L 

An  Act  for  granting  an  Aid  to  his  Majejiy.    (a) 

is,oooi.ejnitted.  yjj^  AND  whcrcas  there  is  not  Money  in  the  Public  Treafury  to  anfwer  the 
±\_  Purpofes  aforefaid,  and  the  reduced  State  of  the  Province  renders  it 
imprafticable  to  raife  the  fame  by  an  immediate  Poll-Tax ;  Be  it  EnaSied,  by  the 
Authority  aforefaid.  That  the  Honourable  John  Swann^  and  Lewis  De  Rojfett^  Efqrs. 
and  Samuel  Swann,  and  John  Starkey,  Efqrs.  are  hereby  authorized,  impowered, 
and  required,  to  ftamp  or  print,  and  make  out,  or  caufe  to  be  llamped  or  printed, 
and  alfo  to  fign  with  their  Hands,  Public  Bills  of  Credit,  to  the  Amount  of  Twelve 

Denominatiqn  of  Thoufand  Pounds,  at  the  Rate  of  Proclamation  Money,  that  is  to  fay  :  One  Thou- 
fand of  Three  Pounds,  One  Thoufand  of  Two  Pounds,  One  Thoufand  of  Thirty 
Shillings,  Two  Thoufand  of  One  Pound,  Two  Thoufand  Three  Hundred  of  Ten 
Shillings,  Four  Thoufand  of  Five  Shillings,  Five  Thoufand  of  Two  Shillings  and 
Eight  Pence,  Twenty  Five  Hundred  of  Two  Shillings,  Four  Thoufand  of  One 
Shilling,  Four  Thoufand  Five  Hundred  of  Eight  Pence,  Two  Thoufand  of  Six 
Pence,  and  Two  Thoufand  of  Four  Pence,  each ;  and  fhall  receive  for  damping  or 

printing. 


CaJ  The  firft  6  Claufes  of  this  Aft  are  obfolete,  as  they  have  had  their  Efieft. 


LAWS    of    North-Carolina. 


^45 


A.  D. 


1760, 


Money  to  be 
lodged  with   the 
Treafurers, 


printing,  and  making  out,  and  figning  the  fame,  T-^o per  Cent,  and  no  more:  And 
that  the  aforefiiid  John  Swann^  Lewis  De  Rojfelt,  Samuel  Swann,  and  John  Starkey 
fhall,  before  they  itamp,  print,  or  fign,  any  of  the  faid  Public  Bills  of  Credit,  t^ive 
their  reipedive  Bonds,  with  fufficient  Security,  to  our  Sovereign  Lord  the  Kuio- 
his  Heirs  and  SuccelTors,  for  the  Ufe  of  the  Province,  in  the  Sum  of  Twelve  Thou- 
fand  Pounds  e;ich,  for  the  faithful  Difcharge  of  the  Truft  in  them  repofed  by  this 
Act ;  vv^hich  Bonds  fhall  be  lodged  in  the  Secretary's  OfficCi 

VIII.  AND  be  it  further  Enatled,  by  the  Authority  af ore/aid.  That  the  laid  Bills 
of  Credit,  when  fo  ftamped  or  printed,  and  figned  as  aforefaid,  fhall  be  delivered 
into  the  Public  Treafury  of  this  Province,  that  is  to  fay :  Six  Thoufand  Pounds 
thereof  to  John  Starkey.,  Public  Treafurcr  of  the  Southern  Diflrict,  and  the  other 
Six  Thoufand  Pounds  to  Thomas  Barker.,  Public  Treafurer  of  the  Northern  Diftrict 
and  ihall  be  applied  to  the  Ufes  and  Purpofes  by  this  Act  directed-. 

IX.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Bills 
of  Credit  fhall  be  current,  and  a  lawful  Tender  in  all  Payments  whatfoever,  as  Pro- 
clamation Moneys 

X.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  Public 
Treafurers,  when  directed,  until  the  Sum  of  Seven  Thoufand  Pounds,  by  this  Act 
granted  for  raifmg,  paying,  and  iubfilling  the  Companies  afore-mentioned,  fhall  be 
fully  paid,  fiiaii  liiake  Payment  in  the  faid  Bills  of  Credit  to  fuch  Perfon  or  Perfons 
as  the  Governor,  or  Commander  i.i  Chief,  by  his  Warrant  or  Warrants,  fhall  order 
and  appoint  to  receive  the  fame. 

XI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Perfon  or 
Perfons  who  fhall  receive  the  faid  Sum  of  Seven  Thoufand  Pounds,  or  any  Part 
thereof,  by  Virtue  of  any  Warrant  or  Warrants,  fhall  account  with  the  General 
Affembly  for  the  fame :  And  every  fuch  Perfon  or  Perfons,  before  receiving  the 
faid  Money,  fhall  enter  into  Bond,  with  good  and  fufficient  Security,  to  his  Ma- 
jefty,  his  Heirs  and  SucceiTors,  in  double  the  Sum  he  fhall  fo  receive ;  with  Con- 
dition, That  he  will  account  with  the  General  Affembly  for  the  Sum  or  Sums  he 
fhall  receive  from  the  faid  Treafurers,  or  either  of  them,  by  Virtue  of  fuch  War- 
rant ;  which  Bond  Ihall  be  taken  by,  and  lodged  with  the  Treafurer  who  pays  fuch 
Money :  And  in  Cafe  of  a  Breach  of  the  Condition  thereof,  may  be  put  in  Suit, 
and  a  Judgment  being  obtained  thereon,  the  Money  recovered  fhall  be  applied  to- 
wards defraying  the  contingent  Charges  of  Government,  in  fuch  Manner  as  the 
General  Affembly  fhall  direft,  and  to  no  other  Ufe  whatfoever. 

XII.  A  ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Sum 
of  Seven  Thoufand  Pounds  fhall,  by  the  Direftion  of  the  Governor  or  Commander 
in  Chief  for  the  Time  being,  be  applied  to  the  particular  Purpofes  by  this  Ad 
herein  before  direded,  if  neceffary ;  but  if  a  lefs  Sum  fhall  be  found  fufficient  for 
the  fame,  the  Surplus  fhall  be  applied  towards  defraying  the  contingent  Charges  of 
Government,  already  allowed,  or  which  fhall  hereafter  be  allowed  by  the  General 
Affembly,  and  to  no  other  Purpofe  whatfoever. 

XIII.  AN D  for  the  greater  Encouragement  of  Perfons  as  fliall  inlift  volunta- 
rily to  ferve  in  the  faid  Companies,  and  other  Inhabitants  of  this  Province  who  fhall 
undertake  any  Expedition  againfl  the  Cherokees,  and  other  Indians  in  Alliance  with 
the  French  •,  Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  of  the  faid 
Indians  who  fliall  be  taken  a  Captive  during  the  prefent  War  by  any  Perfon  as  afore- 
faid, fhall,  and  is  hereby  declared  to  be  a  Slave,  and  the  abfolute  Right  and  Pro- 
perty of  who  fhall  be  the  Captor  of  fuch  Indian ;  and  fliall  and  may  be  poffeffcd, 
pafs,  go,  and  remain  to  fuch  Captor,  his  Executors,  Adminiflrators,  and  Afligns, 

as  a  Chattel  perfonal :  And  if  any  Perfon  or  Perfons,  Inhabitant  or  Inhabitants  of   Premium  for kii- 
thb  Province,  not  in  adtual  Pay,  fhall  kill  an  Enemy  Indian  or  Indians,  he  or  they    ^^^"g  Enemy  indi- 

fhall    ""' 


Bills     a    lawful 
Tender, 


Treafurers  to  pay 
the  Money,  on 
the  Governor's 
Warrant, 


To  be  acconnted 
for  to  the  Affem- 
bly. 

Perfons  receiving 
it,  to  give  B^nd« 


Surplus  of  the 
7000  1  to  be  ap- 
plied to  Contin- 
gencies of  Go- 
vernment. 


Indians  taken,  to 
be  Slaves, 


246 


LAWS    of    North-Carolina. 


A.  D.   1760.    fliall  have  and  receive  Ten  Pounds  for  each  and  every  Indian  he  or  they  Ihall  fo  kill  \ 
*^-'^'~''    ''     and  any  Perfon  or  Perfons  who  fhall  be  in  the  aftual  Pay  of  this  Province,  fliall 
have  and  receive  Five  Pounds  for  every  Enemy  Indian  or  Indians  he  or  they  fhall  fo 
kill,  to  be  paid  out  of  the  Treafury  j  any  Law,  Ufage,  or  Cuftom,  to  the  contrary, 

notwithilandinff. 


Uaward   hcivi   to 
be  recovered. 


2000 

ated 

Prem 

dians 


1   appropri- 
for    paying 
iums  for  In 
kilkd. 


Pen   for  counter- 
fditing  Bills. 


Tax  laid  fur  faif. 
jng  iZjOOol, 


XIV.  PROVIDED  always^  That  any  Perfon  claiming  the  faid  Reward,  be- 
fore he  be  allowed  or  paid  the  fame,  fliall  produce  to  the  Aflembly  the  Scalp  of 
every  Indian  fo  killed,  and  make  Oath,  or  otherwife  prove  that  he  was  the  Perfon 
who  kided,  or  was  prefent  at  the  killing  the  Indian  whofc  Scalp  fliall  be  fo  produced  j 
and  that  he  hath  not  before  had  or  received  any  Allowance  from  the  Public  lor  the 
fame :-  And  as  a  further  Encouragement,  fliall  alfo  have,  and  keep  to  his  or  their 
own  Ule  or  Ufes,  all  Plunder  taken  out  of  the  Pofliefllon  of  any  Enemy  Indian  or 
Indians,  or  within  Twenty  Miles  of  any  of  the  Cherokee  Towns,  or  any  Indian  Town 
at  War  with  any  of  his  Majefty's  Subjeds, 

XV.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  Two  Thoufand 
Pounds,  ot  the  Remainder  of  the  aforefaid  Twelve  Thouland  Pounds,  fliall  be^ 
and  is  hereby  appropriated,  to  and  for  the  Payment  of  the  aforefaid  Rewards,  to 
fuch  Perfon  and  Perfons  as,  by  killing  any  of  the  aforefaid  Indians,  fliall  be  intitled 
to  receive  the  fame ;  but  if  a  lefs  Sum  fliall  be  found  fufficient  for  the  faid  Purpofe, 
the  Surplus  fliall  be  applied  towards  paying  the  feveral  Creditors  of  the  Public  fuch 
Claims  as  already  have  been,  or  fliall  be  allowed  by  the  General  Aflembly,  and  to 
any  other  Purpofe  :  And  the  Refidue  of  the  faid  Twelve  Thoufand  Pounds  is  hereby 
appropriated  to  and  for  the  Payment  of  the  Debts  of  the  Public,  chargeable  on  the 
contingent  Fund,  and  fliall  not  be  otherwife  applied. 

XVI.  AND  be  it  further  EnaEfed,  by  the  Authority  aforefaid.  That  if  any  Perfon 
fliall  forge  or  counterfeit  any  of  the  faid  Bills  of  Credit,  or  fliall  pafs  or  utter  the 
fame  in. Payment  or  Exchange,  knowing  the  fame  to  be  forged  or  counterfeited, 
the  Offender  therein,  being  lawfully  convided,  fliall  be  adjudged  a  Felon,  and 
fuffer  as  in  Cafes  of  Felony,  without  the  Benefit  of  Ckrgy. 

XVII.  AND  for  redeeming  the  faid  Public  Bills  of  Credit,  Be  it  Enacted,  by 
the  Authority  aforefaid.  That  a  Poll-Tax  of  One  Shilling  be  laid  on  every  taxable 
Perfon  within  this  Province,  to  commence  on  the  Firfl  Day  of  January,  One  Thou- 
fand Seven  Hundred  and  Sijity  Three,  and  to  continue  until  the  whole  Sum  to  be 
emitted  by  this  Ad  fliall  be  paid  in  and  burnt  j  which  faid  Tax  fhall  be  colleded 
by  the  Sheriffs  of  the  feveral  Countits,  and  accounted  for  and  paid  to  the  Treafurers 
of  the  feveral  Diflirids,  in  the  fame  Manner,  and  undef  the  like  Penalties,  as  are 
by  Law  direded  for  the  coUeding,  accounting  for,  and  paying  other  Public  Taxes, 


CHAP.     II. 

An  Act  for  appointing  a  Militia.     EXP. 


SIGNED     by 


Arthur  Dobbs,  Efq;  Governor. 
James  Uafell  Prefident.' 
Samuel  Swam,  Speaker. 


ANNO 


LAWS      of     N  O  R  T  H  -  C  A  R  O  t  I  N  A. 


2^7 


A,  D.   1760. 


\i  %#  %#  %#  %# 
#%  #%  #%  #f    '"^ 


#^^^-^#%    f%  #f  #1  #%  #% 


ANNO       REGNI 


G    E   O    R   G   I   I    II. 

REGIS, 

MAGN^    BRITANNIiE,     FRANCIiE,    &    HIBERNliE, 

T  R  I  C  E  S  S  I  M  O     (QUARTO. 


At   an    ASSEMBLY,    beeun  and   held   at  Ncwbcrn,    the  Twenty-   Arthur 

^  ^       DOBBS,Ef(i; 

Fourth  Day  cf  April,  in  the  Thirty-third  Year  of  the  Reign  of  cur  Governor, 
Sovereign  Lord  GEORGE  the  Second,  by  the  Grace  of  God,  of 
Great-Britain^  France^  and  Ireland^  King,  &c.  and  from  thence  con- 
tinued, by  feveral  Prorogations,  to  the  Thirtieth  Day  of  November, 
ill  the  Year  ot  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty; 
to  be  then  held  at  l'^iimi?igton  :  Being  the  Fourth  Seffion  of  this  prefcnt 
Aflembiy, 


CHAP.     L 

Mn  Jet  to  regulate  Elections  for  Menihers  to  ferve  in  the  General  JjfemMy,  and  to  afar- 
tain  who  jL'all  be  q-'.ahjied  to  'vote  at  thejaid  Elect-icJis,  cr  to  be  elected  a  Member  of  the 
General  Ajfoubly ;  and  to  direct  the  Method  to  be  objerved  in  taking  the  Poll  at  the 
feveral  Eleaiom  in  the  Counties  and  T^ians  in  this  Province. 

\.  TT7HEREAS  there  is  no  Law  now  in  Force  in  this  Province  to  afcertain   P"'-°' 

W  tnc  Mc-thod  of  taking  the  Poll  at  the  Eledion  of  Members  to  ferve  in 
the  General  Aflembly,  or  whj  fliail  be  qualified  to  vote  at,  or  be  eleded  a  Member 
to  fcrve  as  atorefaid  : 

II,     WE  therefore  pray  that  it  may  be  Enacted,  And  he  it  Ena5Ied,  by  theGover-   W'^t'i''''.;^^^  '■>'• 
nor^  Council^  and  Afjembly^  and  by  the  Authority  of  the  fame^  That  from  and  after   "'°  '  ■  " 
thi  pafling  of  this  A61,  the  Sherilis  of  the  feveral  and  refpedive  Counties  within 
this  Province  fhall,  at  all  Eiedtions  hereafter  to  be  made  in  the  (everal  and  refpective 
Counties  for  Members  to  fit  in  General  AfTembly,  take  the  Votes  of  the  Freehol- 
ders 


248 


LAWS    of    North -Carolina. 


A.  D.  ijGo.  ders  qualified  to  vote,  in  Manner  following;  that  is  to  lay,  Each  and  every  Sheriff' 
of  the  feveral  Counties,  fliall,  at  the  Day  appointed  for  choofing  Members  of 
Aflembly,  come  to  the  Place  by  Law  appointed  for  holding  fuch  Eledion  in  his 
County,  and  the  Candidates  then  prefent,  Ihall  nominate  and  appoint  Two  Infpec- 
tors  to  fee  the  Poll  fairly  and  impartially  taken  •,  and  if  the  CandiJates  then  prefent 
fliall  refufe  or  negleft,  the  Sheriff  or  Under  Sheriff  of  the  County,  fhall  nominate 
and  appoint  the  laid  Infpeclors,  and  the  Sheriff  fhall,  at  or  before  Ten  o'clock  in 
the  Forenoon,  open  the  Poll,  and  after  Proclamation  made  for  the  Freeholders  to 
come  and  give  their  Votes,  fhall  take  a  Lift  of  the  Names  of  the  Voters  who  lliall 
give  their  Suffrage,  and  the  Votes  fhall  be  given  openly,  and  the  Poll  kept  open 
till  Sunlet,  unlefs  the  Candidates  then  prefent  fhall  agree  to  have  it  clofed  fooner  • 
and  the  Sheriff  fhall  then,  in  the  Prefence  of  the  Infpeftors,  call:  up  the  Number 
of  Votes  given  for  each  Candidate,  and  declare  the  Perfon  or  Perfons  who  ihall 
have  the  greateft  Number  of  Suffrages,  to  be  duly  elected  ;  and  in  Cafe  of  an 
Equality  of  Votes  among  any  of  the  Candidates,  the  Sheriff  fhall  have  the  caftino- 
Vote,  and  in  no  other  Cafe  give  his  Vote. 


whom     deemed 
Freeboldersi 


III.  AND  to  prevent  Difputes  which  may  hereafter  arife  in  electing  of  Mem- 
bers to  ferve  in  Affembly,  relating  to  who  fhall  be  underftood  to  be  a  Freeholder ; 
Be  it  Enacted,  by  the  AiUhorhy^  af ore/aid.  That  every  Perfon  who,  Una  fide,  hath 
an  Eflate  real  for  his  own  Lifetime,  or  the  Life  of  another,  or  any  Eflate  of  greater 
Dignity  of  a  fufficient  Number  of  Acres  in  the  County,  which  by  the  Law  enables 
him  to  vote,  or  be  a  Candidate  for  fuch  County,  fhall  be  accounted  a  Freeholder 
within  the  Meaning  of  this  Act. 


N-!ne  but   Free- 
holders to  vote. 


O;  <T.n':f!d  to 
in  AlTLtTibly, 


B  fori?  t'lev  vote 
at  Blec^iuns  to 
take 


This  Ojth. 


IV.  AND  he  it  further  Ena5fed,  hy  the  Authority  aforefaid.  That  no  Perfon  fhall 
hereafter  be  admitted  to  give  his  Vote  in  any  Election  of  a  Member  or  Members  to 
fit  in  General  Affembly  for  any  County  within  this  Province,  unlefs  he  hath  been 
an  Inhabitant  of  this  Province  Six  Months,  and  hath  been  poffeffed  of  a  Freehold, 
within  the  Meaning  of  this  Act,  of  Fifty  Acres  of  Land,  at  leaft  Three  Months 
before  he  gives  his  Vote,  and  is  alfo  of  the  full  Age  of  Twenty-one  Years :  And 
that  hereafter,  no  Perfon  fhall  be  deemed  qualified,  or  admitted  to  fit  and  vote  in 
the  General  Affembly,  unlefs  he  hath  been  one  full  Year  an  Inhabitant  of  this 
Province,  and  pofleffed  of  a  Freehold,  within  the  Meaning  of  this  Act,  of  at  leaft 
One  Hundred  Acres  of  Land  in  the  County  for  which  he  fhall  be  elected  or  chofen, 
and  is  alfo  of  the  full  Age  of  Twenty-one  Years  at  the  Time  he  is  chofen, 

V.  ANT)  he  it  further  Enacted,  hy  the  Authority  af or  cf aid.  That  every  Freehol- 
der, before  he  is  admitted  to  give  his  Vote  as  aforefaid  at  any  fuch  Eleclion,  if  it 
be  required  by  the  Candidates,  or  any  of  them,  or  any  other  Freeholder  in  their 
Behalf,  fliall  take  the  following  Oath;  which  Oath  the  Sheriff  or  Under  Sheriff 
is  hereby  impowered  and  direded  to  adminifter,  viz. 

YOU  fall  fwear,  that  you  have  been  Six  Months  an  Inhahitant  of  this  Provi^s^, 
and  that  you  have  been  pojfejfed  of  a  Freehold  of  Fify  Acres  of  Land  fr  I'hree 
Months  paft,  in  your  own  Right,  in  the  County  of  and  that  fuch  Land  hath 

not  been  granted  to  yon  fraudently,  on  Purpofe  to  qualify  you  to  give  your  Fete  ;.  and  that 


the  Place  of  your  Abode  is  in  the  County  of 
Ek 


and  that  you  have  not  voted  in  this 
SO  HELP  YOU  GOD. 


S'lTJriffs  Dutv  on 
iCLciviniZ  Wi;ls 
ot"  Ekelinn. 


VI.  AND  be  it  further  EnaHed^  hy  the  Authority  aforefaid.  That  when  any 
Sheriff  fliall  receive  a  Writ  or  Writs  for  the  Eleftion  of  a  Member  or  Members 
for  any  County  within  this  Province,  he  fliall  advertife,  or  caufe  to  be  advertifed, 
the  fame  at  every  Church  and  Chappel,  and  Court  Houfe  within  his  County,  im- 
mediately after  Divine  Service,  or.  Three  feveral  Sundays,  fucceffively,  next  before 
the  Ele£lion,  if  there- be  lb  long  a  Time  between  his  receiving  the  Writ  and  the 
Day  of  Ele6lion  ;  and  the  Freeholders,  v/ithin  the  Intent  and  Meaning  of  this  Ad", 
within  tiie  County  or  I'own  where  the  Election  is  to  be  made,  refpectively,  fliall 

appear 


L  A  W  B    of    North-Carolina. 


!49 


appear  accordingly,  and  give  his  Vote  at  fuch  Election :  And  if  any  Perfon  fliall  ^.  D.    1760. 

give  his  Vote  at  any  Election,  who  is  not  a  Freeholder  within  the  Meaning  of  this      """"-^ ' 

Act,  or  (hall  vote  Twice  at  the  fame  Election,  fuch  Perfon  fhall  forfeit  and  pay  the  \Z^t>T ^C^^'^r^ 

Sum  of  Five  Pounds,  Proclamation  Money,  to  him  or  them  that  will  lue  for  the  ""'  Fr^hoidcrs. 
fame  -,  to  be  recovered  with  Cufts  ot  Suit,  in  any  Court  of  Record  in  this  Province, 
by  Action  of  Debtj  wherein  no  Injunction  or  Wager  of  Law  fhaJl  be  allowed  or 
admitted  of. 

Vir.  ANT)  he  it  further  Ena51ed,  hy  the  Authority  aforefaid.  That  where  any  Sa-t  brought. 
Suit  fhall  be  brought  againit  any  Perfon  for  voting,  not  being  a  Freeholder,  the  bJon^th^o'V'* 
Otius  Probandi  fhall  be  on  the  Defendant.  <jjnt. 

VIII.  AND  be  it  further  Enasle !,  by  the  Authcrity  aforefaid.  That  no  Perfon  •'.*'"•  ™  ^"'''"' 
or  Perlbns,  hereafter  to  be  elected  to  lervc  in  the  (jcncr.u  Alien, bly  iur  any  County  waldf  &l.  ^L* 
or  Town   within  this  Province,  fhall  or  do,  by  hi.nleh   or  ihcniJelves,  or  by  any  f"'« ^''^'on. 
other  Ways  or  Means  in  his  or  their  Behalf,  or  at  his  or  th  ir  Charge,  before  his  or 

their  Election  to  lerve  in  General  AfTcmbiy  for  any  County  or  Tuwn  within  this 

Province,  either  directly  or  indirectly,  give,  prcient,  or  ai.ow  to  any  Perfon  or 

Perfons,  having  Voxe  Or  Vote  in  luch  Klcctiun,  any  Money,  Gift,  Rev/ard,  or 

Prefent,  or  make  any  Promife  to  d.)  the  iame  to,  or  for  him  or  themfelves,  or  for 

any  ftich  Perfon  or  Per  ons  in  particular  to  any  fuch  County  or  Tov.n  in  o-eneral 

in  order  to   be  elected  to  ferve  m  the  General   AfTembly  for  any  fuch  County  or 

Town  j  and  that  all  and  every  fuch  l^erfon  io  offending,  and  beinji,  guilty  herein 

after   Proof  thereof  made  to  the  Houfe,    fhall   be  diiableJ,    and  incapable  upon 

fuch  Election,  to  ferve  in  the  Gentral  AfTembly  for  fuch  County  or  Town  durino-  ' 

the  Continuance  of  that  AfTembly. 

IX.  AN  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  if  at  any  Time  ^"^"'^  *"  ?'"  * 
any  Candidate,  or  other  Perfon  in  his  Behalf,  fhall  defire  a  Copy  of  the  Poll,  the  ^""PJ"'^ "*'''"" ' 
Sheriff,  or  Under  Sheriff,  who  takes  the  Election,  fhall,  within  Ten   Days  after 

fuch  Election,  caufe  a  fair  Copy  thereof  to  be   made,  and  fhall  deliver  it  attefted 
v/ith  his  own  Hand,  unto  fuch  Candidate,  or  other  Perlon  as  fhall  require  the  fame 
as  aforefaid. 


X.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  each  and  every  Members  to  t.ice 
Member  fo  elected,  (hall,  before  he  be  admirted  to  fit  or  vote  in  the  Affembly,  vernmcm  °^^°' 
take  the  Oaths  appointed  to  be  taken  by  an  Act  of  Parliament  made  in  the  Firft 

Year  of  the  Pvtign  of  his  late  Majcfty'*King  George  the  Firff,  intituled.  An  A£l  for 
the  further  Security  of  his  Majefifs  Perjon  and  Go-vermnent,  and  the  Succefficn  of  the 
Crown  in  the  Heirs  of  the  late  Primefs  Sophia,  being  Proteftanis,  and  for  extinguijhing 
the  Hopes  cf  the  pretended  Prince  of  Wales,  and  hts  open  and  Jecret  Abettors,  and  the 
Oath  of  Abjuration,  and  repeat  and  fubfcribe  the  I'cft. 

XI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Sheriff  ^'"-  ""  ^^'''>§^ 
of  any  County,  or  in  his  Abfence  the  Under-Shenff,  fliall  refufe  to  take  the  Poll,  cri;'Tr,\*^.\alv! 
or  take  it  in  any  other  Manner  than  is  herein  direfted,  or  fhall  refufe  or  negledl  to    ^'^ 

give  a  Copy  of  the  Poll  as  aforefaid,  within  Ten  Days  after  fuch  Elcftion,  %i-  fhall 
not  regularly  and  in  Time  return  the  Writ  of  Election,  or  fhall  make  a  falfe  Return 
thereof,  every  fuch  Sheriff  or  Under-Sheriff  as  aforefaid  offending  herein,  or  in  any 
of  thefe  Cafes  refpeftively,  fhall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Procla- 
mation Money ;  one  Moiety  to  his  Majefly,  his  Heirs  and  SucceiTors,  for  and  to- 
wards defraying  the  contingent  Charges  of  Government,  and  the  other  Moiety 
thereof  to  him  or  them  that  will  fuc  for  the  fame;  to  be  recovered  with  Cofls,  in 
any  of  the  Superior  Courts  of  Pleas  and  Grand  Seffions  of  this  Province,  bv  Aftion 
of  Debt  J  wherein  no  Effoin,  Injundlion,  Privilege,  or  Wager  of  Law,' fhall  be 
allov/ed. 

li 

AND 


250 


L  A  IV  S    of    North-Carolina. 


ji.  D.  1760.  XII.  P  ROFIDED  always.  That  the  Eleftions  of  Members  for  the  feveral 
Towns  in  this  Province  to  fit  and  vote  in  the  General  Aflembly,  and  the  Qualifica- 
tions of  the  Candidates,  and  Voters  for  Members  to  reprefent  the  faid  Towns,  fhall 
be  as  prefcribed  by  the  feveral  Ads  of  Aflembly  of  this  Province  in  fuch  Cafes  made 
and  provided  j  any  Thing  in  this  A6t  contained,  to  the  contrary,  notwithftanding. 


EleOions  for 
Towns  to  be  ac- 
cording to  I<aw. 


Qualification  for 
Votets  for  the 
Town  of  Brunf- 
vwic'c. 


XIII.  AND  whereas  there  is  no  Law  now  in  Force  for  afcertaining  the  Qua- 
lifications of  the  Candidates  and  Voters  for  the  Town  of  Brunfuick  -,  Be  it  further 
Ena^ed,  by  the  Authority  aforefaid.  That  no  Perfon  fhall  be  deemed  qualifica  to  be 
a  Reprefentative  for  the  faid  Town,  to  fit  and  vote  in  the  General  Aflen;bly,  unltfs 
on  the  Day  of  Eleftion  he  be,  and  for  Three  Months  next  before  was  feized,  in  Fee- 
Simple,  of  a  Brick,  Stone,  or  framed  Houfe,  in  the  faid  Town,  of  the  Dimenfi- 
cns  of  Twenty  Feet  by  Sixteen,  with  one  or  more  Brick  or  Stone  Chimney  or 
Chimnies ;  and  that  every  Tenant  of  any  Stone  or  habitable  Houfe  of  the  Dimen- 
fions  aforefaid,  within  the  Bounds  of  the  faid  Town,  who  at  the  Day  of  Eleftion, 
and  for  Three  Months  next  before,  inhabited  fuch  Hcufe,  fhall  be  tntiilcd  to  vote 
in  the  Eledlion  for  the  Reprefentative  of  the  faid  Town  -,  and  in  Cafe  there  fiiall  be 
no  Tenant  of  fuch  Houfe  in  the  faid  Town  on  the  Day  of  Ekdion,  qualified  to 
vote  as  aforefaid  ■,  then,  and  in  fuch  Cafe,  the  Perfon  feized  of  fuch  Hcuie,  either 
in  Fee-Simple,  Fee-Tail,  or  for  Term  of  Life,  fhall  be  intitkd  to  vote  for  the 
Reprefentative  aforefaid  :  Any  Thing  in  this  Act  contained  to  the  contrary  notwith- 
flranding. 


PreambJeS 


Pfrfons     deemed 
Taxab[es. 


CHAP.     II. 

An  A51  for  ohtaining  an  exa5l  Lifl  of  Taxables,  a?jd  for  the  effecJual  ccVeFling  all  Tc.Kts 
for  the  future  due  and  payable,  and  other  Purpofes  therein-mentioned. 

L  TTTHEREAS  it  appears,    by  the  Lift  of  Taxables  delivered  in  by  the 
y  y     Magiftrates  at  the  feveral  and  refpedive  Counties  of  this  Province,  that 
a  full  and  compleat  Lift  has  never  yet  been  obtained  by  any  Law  now  in  Force  j 
and  whereas  the  equal  Payment  of  Taxes  is  of  great  Confequenee :  Therefore, 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authoriy 
of  the  fame.  That  all  and  every  white  Perfon,  Male,  of  the  Age  of  Sixteen  Years 
and  upwards,  all  Negroes,  Mulattoes,  Muftees,  Male  and  Female,  and  all  Perfons 
of  mixt  Blood,  to  the  Fourth  Generation,  of  the  Age  of  Twelve  Years  and  upwards, 
and  all  white  Perfons  intermarrying  with  aiTy  Negro,  Mulatto,  Muftee,  or  other 
Perfon  of  mixt  Blood,  while  fo  intermarried,  and  no  other  Ferfon  or  Perfons  what- 
foever,  fhall  be  deemed  Taxables  j  any  Law,  Ufage,  or  Cuftom,  to  the  contrary, 
notwithftanding. 


Method  of  t»k. 
ing  Lift  of  Tax- 
ables, 


III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  from  the 
pafllng  of  this  Ad,  the  Method  for  obtaining  an  exad  Lift  of  Taxables  lliall  be  in 
the  following  Manner,  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwith- 
ftanding-, that  is  to  fay,  the  Juftices  of  each  County  fhall,  at  the  next  Court  to  be 
held  for  their  refpeclive  Counties  after  the  Firft  Day  of  May  next,  and  fo  yearly, 
ifliie  their  Warrant,  figned  by  the  Chairman,  diredted  to  the  Conftable  in  each  and 
every  Diftrift  in  the  refpeftive  Counties,  authorizing  and  commanding  him  to  go 
from  Houfe  to  Houfe  in  his  Diftrid,  and  fummon  the  Maftcr  or  Miftrefs  of  every 
Family,  and  the  Overfeer  of  every  Plantation  of  which  there  is  no  Mafter  or  Mif- 
trefs within  his  Diftrid,  to  appear,  and  they  are  hereby  required  to  appear,  before 
the  Magiftrate  that  Ihall  be  appointed  by  the  Court  to  receive  the  Lifb  of  Taxables 
in  fuch  Diftrid  preceding  the  Time  of  holding  the  then  next  Court  to  be  held  for 
fuch  County,  and  there  to  give  in,  upon  Oath,  a  Lift  in  Writing  of  all  the  Taxa- 
bles in  his  or  her  Family,  fetting  forth  in  fuch  Lift  the  Name  and  Sex  of  each  tax- 
able Perfon,  whether  white  or  black,  bond  or  free,  and  diftinguifhing  fuch  Male 
Slaves  as  are  Sixteen  Years  of  Age  or  upwards  ;  and  the  Conftable  o^each  and  every 

Diftrict 


LAWS      of     N  O  RT  H  -C  A  R  OL  I  N  A.  251 


Diftrid  (hall  likewife  give  in  to  the  Magiilrate  of  his  Diftrift  a  I.-ift,  upon  Oath,  ^.  D.  1760. 
of  all  fuch  Perfons  fo  warned,  which  Lift  fhall  contain  the  Names  of  all  the  Mafters  *-■ -^>r"  -"^ 
and  Miftrefles  of  Families,  and  Overfeers  of  Plantations,  within  his  Diftrid  :  And 
in  Cafe  any  Conftable  Ihall  die,  remove,  or  be  any-wife  rendered  incapable  of  ferv- 
ing  in  his  Office,  the  Magiftrate  of  fuch  Diftrid  is  hereby  required  to  appoint  and 
qualify  another  Perfon  to  act  as  a  Conftable  to  ferve  in  fuch  Diftrid,  until  the  Time 
appointed  by  Law  for  appointing  Conftables ;  v/hich  Conftable,  lb  appointed,  fhall 
be  under  the  like  Rules  and  Penalties  as  the  former  Conftable. 

IV".     AND  be  it  further  Ena5!ed^  by  the  Authority  aforefaid.  That  each  Conftable    p="  ""  Cnda. 
negleding  to  fummon  the  Mafter,  Miftrefs,  or  Overfeer,  as  aforefaid,  or  negleding    fum^ot'^'"^ " 
to  return  fuch  Lift  as  is  herein  before  direded,   ftiall  forfeit  and  pay  the  Sum  of 
Five  Pounds,  Proclamation  Money,  for  each  and  every  Negled  j    to  be  recovered 
and  applied  as  is  by  this  Ad  direded. 

V.  AND  he  it  further  EnaHed^  by  the  Authority  aforefaid^  That  the  Court  of  M/igiOrates  ap- 
each  and  every  refpedive  County  ftiall,  at  the  fame  Court  they  appoint  Conftables,  Dftria/w  "ke 
appoint  one  Magiftrate  for  each  Diftrid  to  take  and  receive  the  Lift  of  Taxables    ^'"=  ^  "'• 

for  fuch  Diftrid  ;  v/hich  Juftice  fo  appointed  is  hereby  required  and  direded  to 
receive,  upon  Oath,  from  all  Perfons  that  are  liable  that  ft.all  offer  to  inlift,  being 
Inhabitants  of  fuch  Diftrid,  and  ftiall  make  a  Lift  of  all  fuch,  and  fhall  compare 
the  fame  with  the  Conftable's  Lift  returned  to  him,  and  if  it  ftiall  appear  that  any 
Perfon  or  Perfons  within  his  Diftrid  that  ought  to  inlift  him  or  herfelf  according  to 
the  Diredion  of  this  Ad,  hath  failed  fo  to  do,  or  that  the  Conftable  hath  failed  to 
fummon  any  fuch  Perfon  or  Perfons,  fuch  Juftice  ftxall  report  the  fame  to  the  fe- 
cond  Court  to  be  held  for  fuch  County  after  the  Firft  Day  of  May^  and  alfo  ftiall 
return  to  the  faid  Court  the  Conftable's  Lift,  and  the  Lift  of  Taxables  by  him  fo 
taken,  that  all  fuch  Perfon  or  Peribns  as  have  failed  in  their  Duty  may  be  profe- 
cuted ;  and  fuch  Juftice  ftiall  fet  forth  in  his  Lift  the  Names  of  every  Mafter  or 
Miftre's  of  Families,  and, Overfeers  of  Plantations  of  which  there  is  no  Mafter  or 
Miftrefs  in  the  County,  the  Name  and  Sex  of  each  Taxable  Perlon,  whether  white 
or  black,  bond  or  free,  and  diftinguiftiing  fuch  Male  Slaves  as  are  Sixteen  Years 
old  and  upwards, 

VI.  PRO  V  ID  E  D  alivays.  That  in  Cafe  no  Juftice  ftiall  prefide  v.'ithin  any  Nojuoice  in  the 
fuch  Diftrid,  the  Court  ftiall  and  may  appoint  another  or  other  of  the  Juftices  of  ^^''"'^;,"j'j''/''''° 
the  County  as  ftiall  be  moft  convenient  to  ferve  for  fuch  Diftrid  or  Diftrids. 

VII.  PROVIDED  alfo.    That  in  Cafe  any  Juftice  or  Juftices  Ihall  die,    p,„,j^,,  ;,cafe 
remove,    or  be  any- ways  rendered  incapable  to  ferve  in  his  Office,    the  Chairman    ofD..iih,  &c. 
ftiall  and  may,  by  his  Warrant,  appoint  feme  other  Juftice  of  faid  Court  in  the. 

Room  of  any  fuch  Juftice  or  Juftices  fo  dying,  removing,  or  any-wife  rendered 
incapable;  which  Juftice,  fo  aj^pointed,  ftiall  ad  under  the  like  Rules  and  Penalties 
of  the  former  Juftice. 

VIII.  AND  be  it  further  Enabled,    by  the  Authority  aforefaid.    That  in  Cafe  Pen.  r,n  Courts 
any  Court  within  this  Province  ftiall  negkd  to  appoint  one  Conftable  to  fummons,  p',fnj''c"nftabie'''' 
and  one  Juftice  to  receive  the  Lift  of  Taxables  in  each  and  every  Diftrid  within  their  &f. 
refpe6tive  Counties,    according  to  the  Diredions  of  this  Ad,    the  Juftices  of  fuch 

Court  ftiall  forfeit  and  pay  the  Sum  of  One  Plundred  Pounds,  Proclamation  Money, 
for  each  and  every  Neglect ,  to  be  recovered  and  applied  as  other  Fines  by  this  Act 
directed. 

IX.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  every  Mafter,  P*n.  on  Perfons 
Miftrefs,  or  Overfeer,  being  fummoned,  alfo  every  Mafter,  Miftrefs,  or  Overfeer,  tTxS".^  '''"' 
as  through  Miftake  may  not  be  fummaoned,  that  fliall  neglect  to  appear  and  give  in 

his  or  her  Lift  ot  Taxables,  according  to  the  Directions  of  this  Act,  Ten  Days  be- 
fore the  Second  Court  to  be  held  for  his  County  after  the  Firft  Day  of  May,  ftiall 

I  i  2  forfeit 


252 


L  A  JV  S     of    North-Carolina. 


A.  D.  1760.  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation  Money,  for  each  and 
every  Taxable  he  or  fhe  ought  to  have  inlifted  ;  to  be  recovered  by  Action  of  Debt, 
Bill,  Plaint,  or  Information,  in  any  Court  of  Record  having  Cognizance  thereof, 
by  any  Perfon  who  fhall  fue  for  the  fame  •,  one  Half  whereof  to  the  Profecutor,  the, 
other  Half  to  our  Sovereign  Lord  the  King,  for  the  Ufe  of  the  County  where  the 
Forfeiture  fhall  arife,  to  be  applied  by  the  Court  of  the  faid  County  towards  lefTening 
the  Tax  of  the  faid  County. 


X.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  every  free  Perfon 
coming  into  any  County  in  this  Province  to  refide,  on  or  before  the  F'irft  Day  of 
May,  yearly,  fhall  be  liable  to  inlifl  and  pay  Taxes,  unlels  fuch  Perfon  fhall  prouuce 
a  Receipt  that  he,  flie,  or  they,  have  paid  Taxes  for  that  Year  in  fome  other  County 
or  Province,  under  the  like  Rules  and  Penalties  as  is  by  this  Act  before  directed  : 
And  every  Perfon  or  Perfohs  that  have  the  Care  or  Management  of  any  Orphan's 
f ,r  the  T.ixibies  Eftatc,  or  of  any  taxable  Perfon  thereunto  belonging,  are  hereby  declared  to  be 
of  thdr  Ward.  ^^jjg^^  ^^  jj-,lifl-  ^^d  pay  for  all  luch  Taxables  as  belong  to  fuch  Eflate  ;  and  all  Per- 
fons  that  fhall  let  out  on  Hire  any  taxable  Pei-fon  or  Perfons,  fliall  inlift  and  pay 
for  every  fuch  Taxable  in  the  County  where  fuch  Perfon  fo  letttn  on  Flire  doth  re- 
fide,  under  the  like  Rules  and  Penalties  as  is  by  this  Act  before  directed  j  any  Ulage 
or  Cuftom,  to  the  contrary,  notwithftanding. 


Perfons     coming 
into   any  Cunty 
before  the  ift  of 
May,  to  pay 
Tixes  there. 


Guardians  to  pay 


Perfons  having  no 
Home,  to  pro- 
cure fome  Hoiife- 
Keiper  to  iniift 
them, 


Idle  Perfons  com- 
pelled to  pay 
Taxes. 


XI.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  every  Perfon  or 
Perfons,  refident  within  this  Province  at  the  Time  Taxables  are  by  Law  to  be  in- 
lifted,  who  have  no  Home  or  Dwelling  of  his  or  their  own  in  fuch  County,  fhall, 
and  are  hereby  required,  to  procure  fome  Houle-Keeper  to  lift  him  or  them,  under 
the  fame  Penalties  and  Forfeitures  as  by  Law  are  inflicted  on  Maflers  of  Families 
neglecting  to  give  in  their  feveral  Lifts. 

XII.  AND  whereas  many  idle  Perfons  within  this  Province,  having  no  Home 
or  Dwelling  of  their  own,  and  neglecting  to  procure  fome  Hou  e-Keeper  to  lift  him 
or  them,  and  fuch  Perfons  having  no  vifible  Eftate,  whereby  the  Fines  and  Forfei- 
tures impofed  by  this  Aft  cannot  be  recovered  and  colleded  from  them,  or  Eftate 
fufHcient  for  the  Sheriff  to  make  Diftrefs  for  the  Levies  as  aforefaid  :  Therefore,  to 
compell  fuch  Perfons  to  procure  fome  Houfe-Keeper  to  inlift  him  or  them,  or  to 
provide,  by  an  honeft  Induftry,  to  pay  the  Levies  and  Taxes  annually  aforefaid ; 

XIII.  W  E  pray  that  it  may  be  Enaded,  And  he  it  Ena£feJ,  by  the  Authority 
aforefaid.  That  from  and  after  the  pafilng  of  this  Aft,  if  any  fuch  Perfon  as  afore- 
faid, in  any  County  within  this  Province,  fhall  refuie  or  negleft  to  procure  fom.e 
Houfe-Keeper  to  lift  him  as  a  Taxable,  or  fliall  neglect  to  pay  his  Levies  to  the 
proper  Officer  who  ought  to  receive  the  fame,  at  the  Times  when  fuch  Levies  are 
to  be  by  Law  paid  and  collected,  the  Sherilf  of  the  County  where  fuch  Perfon  ought 
to  have  inlifted,  or  procured  fome  Houfe-Keeper  to  inlift  him,  fhall  make  Diftrefs 
on  the  Goods  and  Chattels  of  fuch  Perfon,  if  any  to  be  found  within  his  faid 
County ;  and  if  there  is  no  Goods  nor  Chattels  of  fuch  Perfon  to  be  found  in  fuch 
County,  the  Sheriff"  ftiall  apply  to  fome  Magiftrate  within  his  faid  County,  and 
make  Oath  that  fuch  Perfon  as  aforefaid  hath  no  Goods  or  Chatties  within  the  faid 
County  whereupon  he  can  make  Diftrefs  -,  and  fuch  Juftice  fhall  illuc  his  Warrant 
ao-ainft  any  fuch  Perfon  as  aforefaid :  And  fuch  Sherift"  is  hereby  ordered  and  di- 
rected to  take  the  Body  of  fuch  Perfon,  and  commit  him  to  the  Public  Gaol  of  the 
faid  County,-  there  to  remain  without  Bail  or  Mainprize  for  one  Month,  unlefs  fome 
Perfon  will  fooner  procure  his  faid  Levies,  and  Fees  of  Imprifonment,  to  be  paid ; 
and  fuch  Perfon  being  fo  committed,  fliall  not  have  the  Bcnefrt  of  the  Act  of  Af- 
fembly,  intituled.  An  Ail  [or  the  Relief ^  cf  pcor  Debtors,  as  to  the  Imprifonment  of 
their  i'erfons  •,  but  fhall,  at  the  p:xpiration  of  the  fiid  Month,  be  by  the  Sheriff  foVJ 
for  his  faid  Levies  and  Prifon  Fees  at  Public  Vendue,  to  fuch  Perfon  wh,o  for  the 
jfhorteft  Time, of  Service  will  pay  the  fame;  and  fuch  Perfon  fo  ibid  fhall,  during 
his  faid  "Service,    be  liable  to  the  fame  Pains  and  Penalties  that  indented  Servants 

are 


LAWS    of    North-Carolina. 


'53 


are  liable  to  by  an  Act  of  Affembly  of  this  Province,  intituled,  Jn  ASi  concerning  A.  D.    iy66. 
Servants  and  Slaves.  w^-v"—*^ 

XIV.  A  ND  be  it  further  Enacteti,  by  the  Authority  aforefaid.  That  if  any  Juftice  P'"  on  ju«;ces 
or  Juftices,  appointed  by  the  Court,  or  Chairman  of  iuch  Court  as  alorefaid,  Ihail  "ui^n'the'^r  Lift?" 
neglect  to  receive  and  return  his  and  the  Conftable's  Lift  as  is  by  this  Act  directed, 

every  fuch  Juftice  fo  neglecting,  fhall  forfeit  and  pay  the  Sum  of  Five  Pounds, 
Proclamation  Money,  for  each  and  every  Neglect  j  to  be  recovered  and  applied  as 
other  Fines  by  this  Act  directed. 

XV.  AND  be  it  further  EnaHed,  That  the  Clerk  of  each  and  every  Inferior   cietk  to  make 
Court  fliall,  within  One  Month  next  after  the  itveral  Lifts  of  Taxables  ftiail  be  re-  "bU''*"  "^ '^''" 
turned  by  the  Juftices  into  Court,  tranimit  one  atteftcd  Copy  of  fuch  Lift,  alpha- 
betically digefted,  yearly,  to  the  Sheriff  of  his  County,   one  attcfted  Copy  to  the 

Court,  one  artefted  Copy  to  the  Vcftry,  one  attefted  Copy  to  the  Treafurtr,  and,  alfo 
ftlxU  affix  one  Copy  in  the  Court-Houfe  of  his  County,  and  keep  the  fame  con- 
ftantly  fet  up,  that  all  Perfons  may  have  an  Opportunity  to  pcruje  and  examine  the 
lame,  under  the  Penalty  of  Twenty  Pounds  for  each  and  every  Neglect;  to  be  re- 
covered and  applied  as  other  Fines  by  this  Act  directed. 

XVI.  AN D  he  it  further  Ena^ed,    That  the  Juftices  of  the  feveral  Inferior    To  be  allowed 
Conrts  are  hereby  impowered  and  diredled  to  allow  and  pay  unto  the  Clerk,  out  of  ^'^  '^^  ''""^* 
the  County  Tax,    iuch  reafonable  Allowance  as  they  fliail  think  luincicnt  for  the 

Service  as  afore-mentioned  dircded  to  be  done  by  him. 


hej 

tbeU 


XVII.  AND  be  it  further  Enacled^  That  when  any  Perfon  fliall  have  obtained  ^i^-^^ff^  f  ?■ 
a  CommilTion  for  the  Office  of  Sheriff  ot  any  CoUnty,  he  fhali,  before  he  be  ad-  e^^er  ""orth. 
mitted  to  take  the  Oath  of  a  Sheriff,  or  enter  upon  the  Execution  of  his  Office,  ""i^"' 
enter  into  Bond,  with  fufficient  Security,  as  is  direded  by  an  Ad  of  Affembly, 
intituled,  An  del  for  appointing  Sheriffs^  and  directing  their  Duty  in  Office ;  and  for 
compelling  Collectors  of  Public  Taxes,  and  Perfons  intrujied  with  laying  out  Public  Money ^ 

to  apply  and  account  for  the  fame :  And  if  any  Sheriff  fhali  prefume  to  enter  on  the 
Execu:ion  of  his  Office  before  he  fl:iall  give  iuch  Bond,  he  Ihall  forfeit  and  pay  the 
Sum  of  Five  Hundred  Pounds,  Proclamation  Money;  to  be  recovered  by  Adion 
of  Debt,  Bill,  Plaint,  of  Information,  in  the  Superiour  Court  of  the  Diilrid  where 
fuch  S'K-riff  fhall  reftde,  by  him  that  fhall  fue  for  the  fame ;  the  one  Half  to  the 
Prolecutor,  the  other  Half  to  our  Sovereign  Lord  the  King,  for  the  Ufc  of  the 
Public,  and  fhall  be  applied  by  the  Governor,  Council,  and  Affembly,  towards 
defraying  the  contingent  Charges  of  Government. 

XVIII.  AND  be  it  further  Enacted,  That  if  any  Inferior  Court  within  this  P<-n.  on  juftices 
Province  ffiall  fail  or  negled  to  take  iiich  Bond,  the  Juftices  then  fitting  ihall  forfeit  "J.^t2  Bond. 
and  pay  the  Sum  of  Five  Hundred  Pounds,  Procla.ijation  Money  ;  to  be  recovered 

and  applied  as  the  Fine  herein  laft  belore-mentioned. 

XIX.  AND  whereas  Sheriffs,  and  other  Colicdors  of  Taxes,  have  difcovered  T.'xesnot  nfled, 
fome  Taxables  not  inlifted,  and  have  demanded  and  received  the  Taxes  from  them,  [L  PubiK.'"^  *** 
and  retained  the  fame  to  their  own  Ufe ;    Be  it  therefore  EnaEfed,    by  the  Author ty 

aforefaid.  That  all  Sheriffs,  and  Colledors  of  Taxes,  fhall  hereafter  account,  on 
Oath,  for  all  iuch  Taxes  and  Levies  by  them,  or  their  Deputy  or  Deputies,  received, 
to  the  refpedive  Treafurer,  Inferior  Court,  or  Veftry,  as  the  Cale  may  be ;  which 
■fhall  be  applied  to  the  Uie  of  the  Public,  County,  or  Parifh,  accordingly,  under 
the  Penalty  o\  One  Hundred  Pounds,  Proclamation  Money ;  to  be  recovered  and 
applied  as  other  Fines  in  this  Act  directed. 

XX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Sheriff  sheriff,  negieft. 
iliall  neglect  or  refufe  to  account  for  and  pay  the  feveral  County  Taxes  that  have  TLe!\w''^^' 
been,  or  hereafter  ihall  be  affcilLd  on  the  taxable  Perfons  of  the  County  whereof  he  mjrgivc'y'is- 

IS     them, 


254 


LAWS    of    North-Carolina. 


Sheriff  to  delivfr 
an  Account  of 
Public  Monies  to 
the  Tieafurtr. 


is  Sheriff,  and  wherewith  he  fhall  be  chargeable,  according  to  the  Directions  of  the 
Laws  of  this  Province,  after  deducting  his  CommifTions  allowed  him,  and  the  feveral 
Sums  charcreable  to  Perfons  who  have  no  vifible  Eftate  in  luch  Counties,  it  fhall  and 
may  be  lawful  for  the  Superior  Court  of  the  Diftrict  where  fuch  Sheriff  lliall  live, 
either  before,  or  at  any  Time  after  the  Expiration  of  his  faid  Office,  on  Motion  of 
the  Chairman  of  fuch  Inferior  Court,  to  give  Judgment  againft  fuch  Sheriff  for  all 
the  Money  wherewith  he  fhall  or  may  be  chargeable  to  the  County,  with  Cofls,  and 
thereupon  to  award  Execution  againft  the  Goods  and  Chattels,  Lands  and  Tene- 
ments, of  fuch  Sheriff;  provided  always,  the  Sheriff  fhall  have  Ten  Days  previous 
Notice  of  fuch  Motion, 

juftices  to  pro.  XXI.  AND  k  it  further  EnaSfed^  ly  the  Authority  aforefaid.  That  the  Juftices  of 
Bookf "fo'/  the  each  and  every  County  fhall  purchafe,  at  the  Expence  of  the  fame,  well  bound 
County.  Books,  for  keeping  therein  a  fair  Record,  in  v;hich  fhall  be,  by  the  Clerk  of  fuch 

County  Court,  yearly,  fairly  flated,  all  Accounts  relating  to  the  Charge  and  Ex- 
pence  of  all  Monies  collected  and  received  for  the  Ufe  of  fuch  County  -,  as  alfo  an 
Account  of  the  Number  of  Taxables  in  each  Diftrict,  as  returned  by  the  feveral  Ma- 
giftrates  thereof;  and  an  Account  of  all  fuch  Perfons  as  fhall  be  difcovered  to  have 
failed  to  inlift  within  fuch  Diftrict ;  and  an  Account  of  all  the  Mafters,  Miftreffts, 
and  Overfeers,  in  each  Diftrict,  as  returned  by  the  feveral  Conftablcs  of  fuch  County; 
under  the  Penalty  of  Twenty  Poun.^s,  Proclamation  Money,  to  be  recovered  and 
applied  as  other  Fines  by  this  Act  directed  ;  for  which  faid  Services  the  Clerk  fhall 
be  allowed  by  the  Juftices,  out  of  the  County  Tax,  all  Sum  or  Sums  of  Money  as 
they  fhall  think  adequate  for  fuch  Services, 

XXII.  AND  be  it  further  EnaEfed^  ly  the  Authority  aforefaid.  That  every  She- 
riff and  every  Collector  of  Public  Duties,  fhall,  at  his  Settlement  with  the  Treafurer 
of  his  Diftrict,  deliver  his  Account,  figned  and  proved,  of  all  the  Monies  he  hatii 
received,  payable  to  luch  Treafurer,  for  the  Ufe  of  the  Public;  which  Accounts 
fuch  Treafurer  fhall  produce  as  a  Voucher  for  the  Money  by  him  received,  in  order 
to  fettle  with  the  Affcmbly  ;  under  the  Penalty  of  Five  Hundred  Pounds  Procla- 
mation Money ;  to  be  recovered  and  applied  as  other  Fines  by  this  Ad  direded. 

XXIII.  AND  whereas  by  the  Laws  now  in  Force,  the  Juftices  of  every 
County  Court,  when  they  fettle  with  their  refpedive  Sheriffs,  are  impowered  to' 
make  the  faid  Sheriffs  an  Allowance  for  fuch  Perfons  as  have  no  vifible  Eftate,  and 
an  attefted  Copy  of  fuch  Allowance  or  Settlement  may  be  given  in  Evidence  when 
fuch  Sheriffs  are  fued  by  the  Public  Treafurer  for  the  Public  Taxes ;  which  Pow- 
er in  feveral  Inftances,  has  been  abufed :  For  Remedy  whereof;  Be  it  further 
Ena5fed^  by  the  Authority  afcrefnid^  That  from  and  after  the  paffing  of  this  Aft,  no 
County  Court  ftiall  make  fuch  Allowance  for  Infolvents,  nor  give  any  Certificate 
for  the  fame,  unlefs  there  fhall  be  Five  or  more  Juftices  in  Court  at  making  fuch 
Allowance,  who  fhall  all  fign  the  Certificate  for  the  lame. 

XXIV.  AND  whereas  the  feveral  Public,  County,  and  Parifh  Taxes,  are  not 
direfled  to  be  paid  at  one  and  the  fame  Time,  whereby  feveral  Sheriffs,  when  they 
have  diftrained  for  faid  Taxes,  have  taken  Fees  for  Diftrefs  on  each  Tax :  For 
Remedy  whereof,  Be  it  Enacted,  and  it  is  hereby  Enacted^  That  after  the  paffing  this 
Aft  if  any  Perfon  or  Perfons  fhall  fail  to  pay  the  Public,  County,  and  Parifh 
Tax'es  on  or  before  the  Tenth  Day  of  March,  yearly,  the  Sheriff  fhall  and  may 
make  Diftrefs  on  fuch  Perfon  or  Perfons  fo  failing  as  aforefaid  for  the  whole  Amount 
of  fuch  Taxes  in  one  Sum,  for  which  Diftrefs  he  fhall  and  may  take  Two  Shillings 
and  Eight  Pence,  and  no  more ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary, 
notwithftanding. 

XXV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  feveral 
Forfeitures  and  Penalties  by  this  Aft  infiifted,  for  which  no  Method  of  Recovery 
or  Application  is  herein  btfore  direfted,  fhall  and  may  be  recovered,  with  Colls, 

before 


Five   Juftices   to 
be  ptelent,   when 

Sheriffs  Accounts 
are  lettltd. 


Taxes    vhen   t9 
be  paid. 


Penalties  how  re- 
covered. 


LAWS    of    North-Carolina. 


y:) 


before  any  Jurifdiction  having  Cognizance  thereof;    one  Half  to  the  Ufe  of  the    ^-  -0.   i7(:;o. 
Profeciitor,  and  the  other  Half  to  the  Ufe  of  our  Sovereign  Lord  the  King,  for  the     ^"'     '^    "^ 
Ufe  of  the  County  wherein  fuch  Penalty  fhall  be  incurred,  and  applied  by  the  Juf- 
tices  towards  lelTening  the  County  Tax. 

XXVI.     AND  he  it  further  Enabled,  ly  the  Authority  nforefaid.  That  all  and    Repeai;ngciaufe. 
every  other  Aft  and  Ads,  and  every  Claufe  and  Article  thereof,  for  lb  much  as 
relates  to  any  Matter  or  Thing  within  the  Purview  of  this  Ad,   from  henceforth 
fhall  be  repealed  and  made  void. 


C  ti  A  P.     III. 

An  A5i  for  erecting  the  upper  Part  0/ Beaufort  County  into  a  County  and  Parijlo^  hy  the 
Name  of  Pitt  County^  and  St.  Michael'j  Parijh;  and  for  adjourning  the  Court  from 
the  Court-Houfe  on  the  Land  of  Thomas  Bonner,  to  the  Court-Houje  in  Bath  Town ; 
and  other  Purpofes  therein-mentioned. 

I.  T  T  7  FI  E  R  E  A  S  the  large  Extent  of  the  County  of  Beaufort  renders  it    Private. 

Yy     grievous  and  burthenlome  to  the  Inhabitants  thereof  to  attend  the  Courts, 
General  Mufters,  and  other  Public  Meetings  appointed  therein  j 

II.  BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  AJfemhly,  and  hy  the  '''" ^"""'y  «■ 
Authority  of  the  fame.  That  from  and  after  the  Firft  Day  of  January  next,  the  upper 
Part  of  the  faid  County  of  Beaufort,  beginning  at  the  Line  between  the  faid  County 
and  Tyrrel,  running  South  South  Well  to  Cherrfs,  Run,  where  the  main  Road 
croiTes  the  faid  Run  ;  thfnce  down  the  faid  Run  to  Tranter's  Creek  ;  thence  down 
the  faid  Creek  to  Pamplico  River ;  thence  down  the  faid  River  to  the  Fork  Pointy 
on  the  South  Side  of  the  faid  River  •,  thence  up  the  Chocovoinity  Bay  and  Creek  to 
the  Head  thereof;  thence  South  South  Weft  to  the  dividing  Line  of  the  faid  County 
and  Craven  -,  thence  along  the  dividing  Lines  of  Craven,  Dobbs,  Edgcomb,  and  Tyr- 
rel; fo  that  all  that  Part  o(  Beaufort  County  to  the  Weftward  of  Cherrfs  Run, 
Chocowinity  Bay  and  Creek,  fhall,  and  is  hereby  declared  to  be  a  feparate  County 
and  Parifh,  and  fhall  be  called  and  known  by  the  Name  of  Pitt  County,  and  St. 
Michaels  Parifli,  with  all  and  every  the  Rights,  Privileges,  Benefits,  and  Advan- 
tages, whatfoever,  which  any  other  County  or  Parifh  withm  this  Province  can,  fliall, 
or  may  lawfully  hold,  ufe,  or  enjoy. 


III. 


AND  for  the  due  Adminiflration  of  Tuflice  within  the  faid  County,  Be  it   ?""^"*   p°"''- 

**      -  -  -    •"  held  at  Bath. 


further  Ena^ed,  hy  the  Authority  aforefaid.  That  after  the  faid  Firfl  Day  oi  January, 
a  Court  for  the  faid  County  of  Beaufort  be  conflantly  held  by  the  Juflices  thereof 
at  the  Court-Houfe  in  Bath  Town,  upon  the  Days  and  Times  by  Law  appointed 
for  holding  Courts  in  Beaufort  County ;  any  Law,  Ufage,  or  Cuftom,  to  the  con- 
trary, notwithflanding. 

IV.  AN D  be  it  further  Enaofed,  by  the  Authority  aforefaid.  That  John  Hardy, 
John  Simpfon,  William  Spcir,  George  Moy,  and  Ifaac  Buck,  are  hereby  appointed 
CommifTioners ;  and  they,  or  the  Majority  of  them,  are  hereby  required,  within 
Six  Months  after  the  palTing  of  this  Ad,  to  agree  and  contrad  with  Workmen  for 
the  building  and  ereding  a  fuitable  Court-Houfe,  Prifon,  Pillory,  and  Stocks,  for 
the  Ufe  of  the  faid  County  of  Pitt,  on  the  Land  of  Mr.  John  Hardy,  on  the  South 
Side  of  Tar  River,  near  the  Chapel  known  by  the  Name  of  Hardy's  Chapel. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  a  Poll-Tax  of 
Two  Shillings,  Proclamation  Money,  fhall  be  levied  on  each  taxable  Perfon  within 
the  faid  County  of  Pitt  for  Two  Years ;  which  Tax  fhall,  on  or  before  the  Tenth 
Day  of  June,  which  fhall  be  in  the  Year  of  our  Lord  One  Thoufaud  Seven  Flun- 
dred  and  Sixty  One,  and  Sixty  Two,  be  paid  to  the  Sheriff  of  the  faid  County. 

VI.  AN 3 


Comm'ffiinfri 
fi  r  build  ng   PUt 
Court-  Huule. 


256 


LAWS    of    North-Carolina. 


A.  b.  1760. 

D.Hrefs  may  be 
made  for  n'n. 
Hayment  of  the 
Tax. 


Sher'ff  to  account 
with'  the  Com- 
miffioners. 


VI.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  all  Ferfons  in 
the  faid  County  neglecting  to  pay  the  faid  Tax,  until  the  Tenth  Day  of  March  in 
each  of  the  aforefaid  Years,  to  the  Sheriff  as  aforefaid,  fhall  be  liable  thereafter  to  the 
fame  Diflrefs  as  for  Non-Payment  of  other  Taxes ;  and  the  Sherifi'of  the  faid  Coun- 
ty fhall,  and  is  hereby  required  and  directed,  on  or  before  the  Tenth  Day  of  June  in 
each  Year,  to  account,  upon  Oath,  and  pay  to  the  faid  CommifTioners,  the  Survi- 
vors or  Survivor,  or  the  Majority  of  them,  the  Money  which  by  Virtue  of  this 
Act  he  hath  received,  after  deducting  Six  jD^rQ;?/.  for  Collecting  the  fame,  undet 
tlie  Penalty  of  Two  Hundred  Pounds,  Proclamation  Money,  to  be  recovered  by 
the  faid  CommifTionc-rs,  the  Survivor-  or  survivor  of  them,  by  Action  of  Debt, 
with  Cofts,  in  the  Superior  Couit  in  the  Diftrict  to  which  the  faid  County  belongs. 


Surplus  appropri- 
ated. 


Court  Days  jl- 
tereH,  tiy  Aft 
1768,   Chap.  *. 


Juftices  impow- 
cred  to  hold  a 
Court, 


Sheriff  of  Bna- 
fort  to  diftrain 
for  T.ixt:s,  as  be- 
fore the  Divilion. 


Pitt  P<i't  of  the 
SouthernDiftri4>. 


Jurors  to  be  fent. 


VIL  P ROVIDED  neverthelefs.  That  if  the  Money  fo  to  be  collected  and 
paid  by  the  SherifT  of  the  County  of  Pitt,  to  the  aforefaid  CommifTioners,  fhall 
amount  to  more  than  the  Sum  by  them  contracted  to  be  paid  for  the  erecting  the 
faid  Buildings,  they  fliaii  accuuit  for  and  pay  the  Overplus  thereof  to  the  juiliices 
of  \.\\'t  faid  Inferior  Court  of  Pitt,  which  by  them  fhall  be  applied  towards  deiVfiy- 
ing  the  Contingent  Charges  of  the  laid  County. 

VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  a  Court  for 
the  County  of  Pitt  fliail  be  held  Qiiarte-ly  on  the  laft  luefdays  in  the  Months  of 
February,  May,  Aw/^i/i,  and  November,  whicii  laid  Court  fhall  be  held  by  a  Commif- 
fion  to  the  JuitiCes,  in  tht  lame  Manner,  and  un  .er  the  fame  Rules  and  Reflrictions, 
and  fhall  have  and  exercile  liie  fame  Power  and  Jurifdiflion,  as  pccfcribed  for  other 
Inferior  Courts  of  Pleas  and  Quarter  Seffions  withm  this  Province. 

IX.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  JufticeS  to 
be  appointed  for  the  Inttrit)r  C  ourt  or  Pleac  and  Qtiartcr  SefTigns  for  the  faid  County 
of  Pitt  fhall,  and  they  are  hereby  authorized  and  impowcred,  to  held  a  Court  for 
the  faid  County  of  Pitt,  on  the  Days  before  mentioned,  at  the  Houfe  of  Mr.  John 
Hardy,  until  there  fhall  be  a  Court-Houfe  built  for  the  faid  County  ;  at  which  Time 
the  faiJ  Jullices  are  hereby  required  to  a  journ  the  faid  Court  from  the  Houfe  of 
the  faid  John  Hardy ^  to  the  Court-Houfe  to  be  built  for  the  faid  County. 

X.  AND  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  nothing 
herein  contained  fliall  be  conftrued  to  debar  the  Sheriff  of  the  aforefaid  County  of 
Beaufort,  as  the  fame  now  flands  undivided,  to  make  Diftrefs  for  any  Taxes,  Levies, 
Fees,  or  other  Dues,  that  are  now,  or  fhall  be  cue  from  the  Inhabitants  of  the  faid 
County  for  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty,  or 
before,  but  that  he  may  make  Diftrefs  in  the  fame  Manner  as  by  Lr.w  the  faid  She- 
riff could  or  might  have  done  if  the  faid  County  had  remained  undivided  :  And  the 
faid  Levies^  Fees,  and  other  Dues,  fhall  be  collefted  and  accounted  for  in  the  fame 
Manner  as  if  this  Av5t  had  never  been  m.ade ;  any  Thing  herein  contained,  to  the 
contrary,  noLwithftanding. 

XI.  AND  be  it  further  Enacted,  by  the  Authority  afcfefaid.  That  after  the  faid 
Firfl  Day  of  January  the  laid  County  of  Pitt  fhall  be,  continue,  and  remain  Part 
of  the  Diftridt  of  the  Superior  Court  of  Pleas  and  Grand  SefTions  to  be  held  for  the 
Counties  of  Cr^w;;,  Carteret,  Beaufort,  Hyde,  and  Dobhs-,  and  the  Jufticesof  the 
Court  of  the  faid  Counties  oi  Beaufort  and  Pitt  fhall,  and  they  are  hereby  direfted, 
before  fuch  Superior  Court,  to  nominate  Six  Freeholders  to  ferve  as  Grand  and  Petit 
Jurors  at  fuch  Superior  Court;  a  Lift  of  which  Jurors,  fo  nominated,  fhall  be  de- 
iivered  by  the  Clerks  of  each  of  the  faid  Counties  to  the  Sheriff,  who  fhall,  and  is 
hereby  required,  to  fummons  the  Perfons  fo  nominated  to  ferve  as  Jurymen  at  the 
Superior  Court :  And  in  Cafe  any  of  the  Jurymen  fhall,  when  nominated  and  fum- 
moned  as  aforefaid,  fail  to  appear  at  the  faid  Superior  Court,  they  fhall  be  under 
the  fame  Rules,  Fines,  and  Regulations,  as  other  Jurymen  are  by  Virtue  of  one 
A61  of  Affembly,  paffed  in  Newbern  in  the  Year  of  our  Lord  One  Thoufand  Seven 

Hundred 


LAWS    of    North-Carolina. 


257 


Hundred  and  Sixty,  intituled,  An  Act  direetin^  the  Method  of  appointing  Jwynen  in  ^.  ^-    1760 

all  Causes  criminal  and  civil \    and  the  Sheriff  of  the  faid  County  of  Pitt  lliall,  from  shTffim^n 

Time  to  Time,  account  for  and  pay  to  the  PubHc  Treafurer  for  the  Southern  Dil'-  wi'h  thl'wh. 

trict  of  this  Province  for  the  Time  being,    all  Public  I<evies   by  him  collefted,  or  ""  Treafurer. 
wherewith  he  fhall  ftand  chargeable,  in  the  fame  Manner,  and  under  the  like  Pains 
and  Penalties,  as  other  Sheriffs  of  the  laid  Diilrift. 


Prncrfs  crntinued 
to  Bath. 


XII.  AND  he  it  further  Ena5?ed,  by  the  Authority  qforefaid^  That  all  Caufes, 
Pleas,  Writs,  Adions,  Suits,  Plaints,  Procefs,  Precepts,  Recognizances,  Indict- 
ments, Prefentments,  and  other  Matters  and  Things  in  the  faid  Inferior  Court  of 
Beaufort  depending,  from  and  immediately  after  the  Firil  Day  of  January  next, 
Ihall  ftand  adjourned  and  continued  from  the  Court-Houfe  on  the  Land  ot  Thomas 
Bonner  to  the  Court-Houfe  in  Bath  Town  ;  and  all  Appearances  and  Returns  of 
Procefs  ftiall  be  made  on  the  Day  by  Law  appointed  for  holding  the  faid  Court  to 
the  faid  Court-Houfe-,  and  all  Suitors  and  WitnefTes  bound  to  appear  thereat,  in 
the  fame  Manner  as  if  the  faid  Court  had  not  been  removed  from  the  Court-Houfe 
in  Bath  Town  to  the  Court-Houfe  on  the  Land  o{ Thomas  Bonner:  And  all  fubfe- 
quent  Procefs  which  fhall  or  may  iflue  on  any  Aftion  already  commenced,  and  not 
determined,  in  the  Inferior  Court  of  Beaufort,  fhall  be  direfted  to,  and  executed  by 
the  Sheriff  of  Beaufort  County,  to  the  End  and  final  Determination  of  fuch  Caules ; 
any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithilanding. 

XIII.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  Freehol-   ^^^7^"  '"  ""^ 
ders  of  the  County  of  Pitt,   as  the  fame  fliall  ftand  divided  from  the  County  of 
Beaufort,  ftiall,  and  are  hereby  impowered  and  required,  to  meet  at  the  Houfe  of 

Mr.  John  Hardy,  on  Rafter  Monday  next  after  the  paffing  this  Ad,  then  and  there 
to  choofe  and  ele6t  Twelve  Freeholders  to  ferve  as  Veftrymen  ;  and  the  Freeholders 
of  the  County  of  Beaufort,  as  the  fame  fhall  ftand  divided,  fhall,  and  are  hereby 
impowered  and  required,  to  meet  at  the  Court-Houfe  in  Bath  Town,  on  Rafter 
Monday  next  after  the  paffing  this  Ad,  then  and  there  to  choofe  and  eled  Twelve 
Freeholders  to  ferve  as  Veftrymen ;  which  Veftries,  when  fo  chofen,  ftiall  be  under 
the  fame  Rules  and  Reftridions  as  other  Veftries  in  other  Parifhes  are.  (a) 

XV.  PRO FIDED  ai-zvays.  That  nothing  herein  contained  ftiall  be  conftrued,  ^"y^^  Frerrga- 
deemed,  or  taken,  to  alter  or  derogate  from  the  Rights  and  Royal  Prerogative  of  his  r«ionU^7'"" 
Majefty,  his  Heirs  and  Succeffors,  of  granting  Letters  of  Incorporation  to  the  faid 
County  of  Pitt,  ordering,  appointing,  and  direding  the  Eledion  of  a  Member  or 
Members  to  reprefent  them  in  Affembly,  and  of  granting  Markets  and  Fairs  to  be 
kept  and  held  in  the  Counties  of  Beaufort  and  Pitt  rcfpedively ;  but  that  the  faid 
Rights  and  Prerogative  fhall  and  may,  at  all  Times  hereafter,  be  exercifed  therein 
by  his  faid  Majefty,  his  Heirs  and  Succeffors,  in  as  full  and  ample  -Manner,  to  all 
Intents  aud  Purpofes,  as  if  this  Ad  had  never  been  made. 


CHAP.     IV. 

An  Act  to  impower  the  Inhabitants  of  fever  al  Parifhes  v:itlin  this  Province,  that  have   VeSrv  Art,   on 
no  legal  Veftry  'xithin  their  refpective  Parifhes,  to  meet  and  eleJ  Veftries,  Jl;.^';  '^^^J^;^ 


CHAP.     V. 

An  Act  for  altering  the  Times  of  holding  the  Inferior  Court  of  Pleas  and  garter  Sefwns   p^"-''^-'  ^^^  ^r 

in  the  County  cf  Chowan.  .  ^^f;^^  g- 

IX,  1762,  Ch.  1. 


'i 


K  k 


CHAP. 


(a)  The  14th  Clauft  provided  for  by  the  Road  Aft. 


258  L  A  JV  S    of    North-Carolina. 


A  B.  1760.  '  C  H  A  P.    VI. 

Jn  A£f  to  Amend  an  A5f,  intituled^  An  Aft  for  the  Relief  of  fuch  Perfons  as  have 
fuffered,  or  may  fufFer,  by  not  having  had  their  Deeds  and  Mefne  Conveyances 
proved  and  regiftered  within  the  Time  heretofore  appointed  for  fuch  Purpofes, 
and  to  prevent  Difpiites  and  Law  Suits  concerning  Lands. 

Pre.mbic.  I.  TT  THERE  AS  by  the  aforefaid  A(ft  any  Perfon  or  Perfons  having  Deeds 

W  or  Mefne  Conveyances  within  this  Province  were  to  regifter  the  fame 
within  Eighteen  Months  after  paiTing  the  faid  Law,  and  many  Ptrlons,  through 
Want  of  knowing  the  faid  Law,  have  negleded  to  have  their  Deeds  or  Mefne  Con- 
veyances regiftered  according  to  the  Purport  thereof  j  For  Remedy  whereof, 

Dterfsmiybere-  jj_  WE  pray  it  may  be  Enaded,  /Ind  he  it  Enacted^  by  the  Governor^  Counctly 
Ma".  J  "  and  AJfembly,  and  by  the  ^iuthority  of  the  fame.  That  all  Deeds  and  Mefne  Convey- 
ances of  Lands,  Tenements,  and  Hereditaments,  not  already  regiftered,  acknow- 
ledged, or  proved,  fliall  and  may,  within  Eighteen  Months  after  the  pafPing  this 
A61,  be  acknowledged  by  the  Grantor,  their  Agents  or  Attornies,  or  proved  by 
one  or  more  of  the  fubfcribing  WitnelTes  to  tne  lame,  and  tendered  and  delivered 
to  the  Regifters  of  the  Counties  where  luch  Lands,  Tenements,  and  Hereditaments, 
refpedively  lie ;  and  all  Deeds  and  Mefne  Conveyances  v(  hatfoever,  which  Ihall  be 
acknowledged  or  proved  according  to  the  Directions  of  this  Aft,  and  alfo  fuch  as 
have  been  heretofore  recorded  by  the  Clerk,  or  regiftered  by  the  Regifter  of  any 
Precinft  or  County  wherein  the  Lands  or  Tenements  mentioned  in  the  fame  lie  or 
are  fituate,  though  not  within  one  Year  after  the  Date  of  the  refpeftive  Conveyances, 
fhall  be  good  and  valid  in  Law,  and  fhall  enure  and  take  Effed  as  fully  and  effec- 
tually, to  the  Ule  and  Behoof  of  the  Grantee,  theic  Heirs  and  AfTigns,  and  thofe 
claiming  under  them,  as  if  fuch  Deeds  and  Conveyances  were  acknowledged,  or 
proved  and  regiftered,  agreeable  to  the  Diredions  of  any  Ad  oi  Aflembly  hereto- 
fore made. 

Sheriff  to  reaj  JU,  ^  f^ J)  ^^  //  further  Enabled,  by  the  Authority  aforefaid.  That  every  Sheriff 
within  this  Province  fhall,  on  the  Second  Day  of  every  Inferior  Court  of  the  County 
whereof  he  is  Sheriff,  read  this  Ad  at  the  Door  of  the  Court-Houfe,  immediately 
after  the  fitting  of  the  Court. 

CHAP.     VII. 

An  A£l  to  amend  and  continue  an  Act,  intituled.  An  Ad  for  appointing  a  Militia.  EXP. 

CHAP.     VIII. 

An  Atl  for  raifing  Money  by  a  Lottery^  tovJards  finifhing  the  Churches  at  Wilmington 
^wiBrunfwick  •,  and  foY  applying  the  Produce  of  the  Slaves,  and  other  Effects  taken 
from  the  Spaniards  at  Cape-Fear,  in  the  Tear  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Forty-eight,  to  the  fame  Purpofes. 

Private.  I.   TTTHEREASbyan  Ad,  intituled.  An  Act  for  raifing  Money  for  finifh- 

VV  ^^g  t^^  Churches  in  the  Parifhes  of  St.  James's  and  St.  Philip's,  in  New^ 
Hanover  County,  by  a  Lottery,  feveral  Perfons  were  appointed  Managers  for  under- 
taking, carrying  on,  and  drawing  a  Lottery  as  therein  mentioned  •,  but  the  greateft 
Part  of  the  Tickets  therein  remaining  unfold,  and  the  Time  for  drawing  the  fame 
being  nov/  expired,  the  Method  for  raifing  Money  for  the  Purpofes  aforefaid  is  now 
become  ineffedual :  And  whereas  it  is  imagined,  that  the  Scarcity  offProclamatioa 
Money  in  this  Part  of  the  Province,  had  prevented  many  Perfons  from  purchafing 
Tickets,  who  might  have  inclined  to  become  Adventurers  therein,  if  the  Money 
had  not  been  immediately  payable  on  the  Purchafe  of  the  Tickets  ;  and  the  Method 
of  felling  them  as  hereafter  mentioned,  being  rendered  more  eafy  to  the  Purchafers, 

a 


L  yl  JV  S    of    North-Carolina. 


=  59 


'a  fufficient  Number  might  be  fold  to  enable  the  Managers  to  have  the  fame  drawn    ^^  D.   1-60. 
in  a  fhort  Time  :  ^— "V*— ' 

II.     BE  it  therefore  Enacted^  by  the  Governor^  Council^  and  AJfemhIy,  and  by  the    Managers  f.r 
Authority  of  the  fame.  That  Cornelius  Harnett,  Alexander  Duncan,  Thomas  Davis,    '^_^i'*'"s  ^h.  Lot- 
and  John  Payne,  Efqrs.  fhall  be,  and  are  hereby  appointed  Managers,  for  under-    ' '^' 
taking,  carrying  on,  and  drawing  a  Lottery  in  Wilmington,  for  the  Purpofes  afore- 
faid,  with  Power  to  iflue  One  Thoufand  Tickets,  to  be  figned  by  themfelves,  at 
the  Price  of  Three  Pounds,  Proclamation  Money,  in  the  following  Form  : 


>9<X><>XKXXX>0<XXXXXXXXX>0<X> 


X 


NO 


Cape-Fear  Church  LOTTERY.  8 

>(  THIS  Ticket  indtles  the  Bearer  to  whatever><j 
(KPrize  may  be  drawn  againft  this  Number,  deduding^'^ 
OFifteen  per  Cent,  as  by  Ad  of  Allembly  pafTed  in'h> 
^-/December  1760.  Q 

And  on  the  Twenty-firft  Day  of  April  next,  at  the  Court  Houfe  in  Wilmington,  flaall 
begin  the  Drawing  of  the  faid  Lottery,  if  a  fufficient  Number  of  Tickets  Ihall  by 
that  Time  be  difpoled  of;  and  the  Calculation  of  the  Chances  Ihall  be  as  follows  : 

One  Prize  of  £. 

Two  Prizes  of 

Two  Prizes  of 

Ten  Prizes  of 

Two  Hundred  and  Five  Prizes  of 

Firft  drawn 

Laft  drawn 


Form  of  the  Tic 
kec. 


400 

IS 

£■  400 

100 

IS 

200 

50 

IS 

100 

20 

IS 

200 

10 

is 

2050 

25 
25 

3000 

Number  and  Va- 
lue cf  Prizes, 


brie  Thoufand  Tickets  at 


£•  3  is  I.  3000 


lit.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  it  fhall  and  may  Managers  to  giv, 
be  lawful  for  the  faid  Managers  to  deduct,  out  of  the  Amount  of  every  Prize,  ^'^^^' 
Fifteen  per  Cent,  to  be  applied  as  hereafter  mentijned  :  But  before  any  Ticket  Ihall 
be  ifiTucd,  the  faid  Managers  fhall  give  Bond,  payable  to  his  Excellency  the  Gover- 
nor, and  his  Succeflbrs,  in  the  Penalty  of  Three  Thoufand  Pounds,  Proclamadon 
Money,  with  Condition,  for  their  faithful  Difcharge  of  the  Truft  rcpofed  in  them 
by  this  Act ;  which  Bond  lliall  be  recorded  in  the  Superior  or  Inferior  Court  at  WtU 
mington,  and  any  Perfon  injured  may  haye  Judgment  thereon  againft  the  Managers. 

IV.  AND   be  it  further  Enacted,  That  the  faid  Managers  fliall,  before  they    And  take 
enter  on  the  Execution  of  their  Office,  before  any  Jufcice  of  the  Peace  for  the 
County  of  New-Hanover,  take  the  following  Oath,  viz. 

I  A.  B.   do  folenmly  finsar,  that  1  will  faithfully  execute  the  Office  of  Manager  to  the   Thi.  Oath. 
Cape- Fear  Church  Lottery,  according  to   the  Directions  of  the  Act  of  Ajfembly  in. 
that  Cafe  made  and -provided.  SO  HELP  ME  GOD. 

V.  AND    for  the  more  ready  Sale  of  the  faid  Tickets,  Be  it  EnaEled,  by  the 
Authority  aforefaid.  That  the  Managers,  on  Dilpofal  of  any  of  the  faid  Tickets,  may    '^u'i'^tJ^'^, 
take  Notes  from  the  Purchaf>;r,  with  Security,  in  the  following  Form  : 

We,  A.  and^.  do  jointly  and  fever  ally  promife  to  fay  to  the  Managers  of  the  Cape- 
Fear  Church  Lottery.,  or  their  Ajfigns,  the  Sum  of  Three  Pounds^  Proclamation  Money, 

K    k    0!  ^..:.l:.. 


'ni'iti^in 


26< 


LAWS    of    Nokth-Carolina. 


wf.  D.  1760.   ivithin  Two  Month  after  the  drawing  the  /aid  Lottery,  for  Value  received  by  a  Ticket 
•^     -  "    '     therein,  bought  by  A.     Witnefs  our  Hands ,  the  Day  of  176 

Which  Note  fliall  be^  and  is  hereby  declared  to  be  valid  againft  the  Subfcribers, 
their,  and  each  of  their  Perfons  and  Eftates ;  and  the  Managers  iliall  be  intitled  to 
demand  and  receive  the  Sum  within  mentioned  from  the  Subfcribers ;  and  on  Neg- 
ledt  or  Refufal  of  Payment,  the  Time  limited  for  Payment  being  expired,  may^ 
en  Application  to  any  Two  Magiftrates,  obtain  a  Warrant,  and,  on  Judgment,  have 
Execution  thereon  for  the  fame  againft  Body  or  Goods ;  which  Judgment  and  E.x^ 
ecution  the  faid  Magiftrates  are  hereby  authorifed  and  impowered  to  grant,  in  the 
fame  Manner  as  they  may  in  other  Matters  under  the  Value  of  Forty  Shillings,  by 
the  Laws  in  this  Province  now  in  Force  ;  ana  the  ufual  Fees  may  be  taken  thereon. 


Tickets   on  Ac- 

count  of  the 
Churches, and  Sa- 
ti.fadion  to  the 
Minsgers. 


Monies  apprnpri- 
ated  to  building 
the  Churches* 


VI.  ANp  be  it  Enabled,  That  the  faid  Managers  may  take  One  Hundred  and 
Thirty-three  Tickets,  for,  and  on  Behalf  of  the  Churches-,  which  faid  Tickets  ftiall 
ftand  as  Part  of  the  Fifteen />^r  Cent,  by  this  A6t  to  be  deduced  ;  and  the  faid 
Managers  may  alfo  take  Fifty-one  Pounds,  Proclamation  Money,  or  Notes  to  that 
Amount,  as  a  Satisfaction  to  themfelves  for  keeping  the  Accounts,  drawing  the 
Lottery,  and  the  whole  Charge  thereof. 

VII.  AND  whereas  the  finifhing  the  building  of  the  faid  Two  Churches  will 
Be  greatlv  expedited,  provided  the  Money  arifing  by  the  Sale  of  the  Slaves,  and 
other  Effeds  faved  out  of  the  Wreck  of  the  Spanifo  Privateer  that  blew  Up  before 
Brunfwick,  in  the  Year  One  Thoufand  Seven  Hundred  and  Forty-eight,  and  is  now 
in  private  Hands,  unapplied  to  any  public  Ufe,  might  be  appropriated  to  the 
compleating  the  faid  Two  Churches  •,  Be  it  Enatted.,  by  the  Authority  aforefaid.  That 
the  Slaves,  and  other  EfTefts,  faved  out  of  the  Spanifh  Wreck  as  aforefaid,  or 
taken  from  the  Spaniards  at  the  Time  of  their  Invafion,  not  already  fold  ;  as  alfo 
the  Money  arifing  by  the  Sale  of  thofe  which  have  been  fold,  after  deducting  the 
Expences  of  fuch  Sales,  ftiall  be  applied  towards  the  compleating  the  building  the 
faid  Two  Churches,  in  Manner  following  ;  that  is  to  fay.  Two  Third  Parts  of  the 
Nett  Proceeds  towards  finiftiing  the  Church  at  Brunfivick  ;  and  the  other  Third  Part 
towards  finiftiing  the  Churcii  at  fFumington,  and  to  no  other  Ufe  or  Purpofe 
whatfoever, 

VIII.  ANi)  he  it  further  Enacted.,  by  the  Authority  aforefaid.,  That  the  Commif- 
fioners,  by  Law  appointed,  for  buil  ing  and  finifhing  the  faid  Churches,  ftiall  have 
full  Power  and  Authority  to  afk  for,  demand,  and  receive,  of  and  from  each  and 
every  Perfon  or  Perfons  in  whofe  Poflefiion  any  of  the  Slaves,  Money,  or  other 
Eff^efts,  faved  or  arifing  by  the  Sale  of  the  Effects  taken  as  aforefaid,  and  from  their 
Heirs,  Executors,  and  Adminiftrators  -,  and,  upon  Refufal,  to  fue  for  and  recover 
the  fame,  by  Action  upon  the  Cafe,  in  any  Court  of  Record  in  this  Province,  Re- 
fpect  being  had  to  their  Jurifdiction  ;  wherein  no  Plea  of  the  Act  of  Limitation  of 
Actions,  ftiall  be  allowed  or  admitted  of. 

IX.  AND  the  better  to  enable  the  faid  Commiflioners  to  difcover  in  whofe 
Poffeflion  the  faid  Efi^ects  now  are ;  Be  it  further  Enacted,  That  each  and  every 
Perfon  or  Perfons  who  have  in  Poflefiion  any  of  the  Books  and  Papers  relating  to 
the  faid  Effects,  fliall,  upon  Demand,  deliver  to  the  faid  Commiflioners  all  fuch 
Books  and  Papers,  under  the  Penalty  of  Two  Hundred  Pounds,  Proclamation 
Money  •,  to  be  recovered  in  Manner  aforefaid,  and  applied  towards  the  finiftiing  the 
faid  Two  Churches  as  aforefaid. 

Mon-ej  to  be  laid '      X.     ANT)  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  Commifllo- 
Chu^di«'  ^^^^  °f  ^^"^^  refpective  Churches,  iliall,   upon  Receipt  of  their  Proportion  of  the 

Money  as  aforefaid,  lay  out  the  fame  to  the  beft  Advantage  in  Work  hereafter  to  be 
done  on  the  faid  Churches,  and  fliall  not  be  allowed  any  Commifiions  thereon. 


eomn)i{Suner« 
impowered  to  fue 
Pc!ln^aents« 


Book«  and  Papers 
to  be  delivered  to 
the  CommiiTion 
ers. 


CHAP. 


L  A  V/ S    o/'    North-Carolina.  261 


CHAP.     IX.  A.  D.  1760. 

An   ASi  for   ejiablijhing  a  Town  on  the  Lands  of  Jofeph  Howell,  on  Tar  River; 

I.  T'wrHEREAS  it  hath  been  reprefented  to  this  Afiembly,  that  the  Land    P"»af« 

VV  °^  J'^fP'^  Howell,  lying  on  the  South  Side  of  Tar  River,  in  Edgcomb  Coun- 
ty, is  a  healthy  pleafant  Situation,  well  watered,  and  commodious  for  Trade  and 
Commerce  •,  and  James  Moir,  Lawrence  Tool,  /Iquila  Sugg,  Elifha  Battle,  and  Ben- 
janin  Hart,  have  contrafleJ  with  the  faid  Jofeph  Howell,  for  the  Purchafe  of  One 
Hundred  and  Fifty  Acres  of  the  faid  Land,  and  have  accepted  and  taken  a  Deed 
of  Feeoffment  for  the  aforefaid  One  Hundred  and  Fifty  Acres  from  the  faid  Jofeph 
Howell,  and  caufed  the  fame  to  be  laid  off  in  Lots  and  Streets,  and  alfo  a  Pare 
thereof  for  a  Common  for  the  Ufe  oi  the  faid  Town,  and  have  fold  a  great  Num- 
ber of  the  faid  Lots  of  Half  an  Acre  each  to  fundry  Perfons,  who  are  defirous  that 
a  Town  fhould  be  eftabliflied  thereon,  for  promoting  the  Trade  and  Navigation  of 
the  faid  River  : 

II.  B  E  it  therefore  Enacted,  hy  the  Governor,   Council,  and  AffemUy,  and  hy  the   Tatborcugh    e- 
Authority  of  the  fame.  That  the  faid  One  Hundred  and  F'ifty  Acres  of  Land  fo  laid    ""''^' 

Off  by  the  Truftees  or  CommilTiuners  as  aforefaid,  be,  and  the  lame  is  hereby  con- 
Hituted,  ereded,  and  eftablilhed  a  Town,  and  fliall  be  called  by  the  Name  of 
Tarborough, 

III.  AND  he  it  further  Enacted,    by  the  Authority  aforefaid.  Thai  James  Moir,   Direaorsap. 
Lawrence  Tool,  Aquila  Sugg,  Elifja  Battle,  and  Benjamin  Hart,  be,  and  they,  and    p"'"""*- 
every  of  them,  are  hereby  conflilluted  Di;  eftors  and  Truftees,  for  defigning,  build- 
ing, and  carrying  on  the  faid  Town  -,  and  they  fhall  ftand  feized  of  an  indefeafible 

Eitate,  in  Fee,  in  the  faid  One  Hundred  and  Fifty  Aci-es  of  Land,  to  and  for  the 
Tjfes,  Intents,  and  Pufpofes,  hereby  expreflcd  and  declared  ;  and  they,  or  the  Ma- 
jority of  them,  fhall  have  full  Power  and  Authority  to  meet,  as  often  as  they  fhall 
think  neceffary,  and  to  appoint  a  Public  Qiiay,  and  fuch  Place  on  the  faid  River 
for  a  Public  Landing,  as  to  them  fhall  feem  convenient;  and  Caufe  the  Plan  of  the 
faid  To\Vn  as  laid  off  by  the  faid  James  Moir,  Lawrence  Tool,  Aquila  Sugg,  ElifJja 
Battle,  and  Benjamin  Hart,  to  be  recorded,  and  filed  among  the  Records  of  the 
Court  of  the  County  of  Edgcomb, 


Lr^ts. 


IV,  AND  whereas  Subfcriptions  have  already  been  made  for  one  Hundred  Direflors  to  exp- 
and Twenty-one  Lots  already  laid  off  in  the  faid  Town,  and  the  fame  drawn  for  '""  °"'''  '"' 
by  the  feveral  Sublcribers  or  their  Agents ;  Be  it  therefore  Enacted,  by  the  Authority 
afc-efaid.  That  the  faid  Directors,  or  the  Majority  of  them,  fliall  make  and  exe- 
cute Deeds  for  granting  and  Conveying  the  faid  One  Hundred  and  Twenty-one 
Lots  to  the  Sublcribers,  their  Heirs  and  AlTigns  for  ever  -,  and  alfo  to  every  other 
Perfon  who  fliall  purchale  dny  other  Lot  or  Lots  in  the  faid  Town,  at  the  Cofts 
and  Charges  of  the  Grantee  to  whom  the  fame  fliall  be  conveyed  ;  and  every  Per- 
fon claiming  any  Lot  or  Lots  by  Virtue  of  any  fuch  Conveyance,  fhall  and  may 
hold  the  fame  in  Fee-Simple, 


Lots. 


V.  PROVIDED  neverthelefs.  That  every  Grantee  of  any  Lot  or  Lots  in  the  Time  cf  fiving 
faid  Town  fo  conveyed,  or  hereafter  to  be  conveyed,  fhall,  within  Three  Years 
next  after  the  Date  of  the  Conveyance  for  the  fame,  ereft,  build,  and  finifh,  on 
each  Lot  fo  conveyed,  one  well  framed  Houfe,  Sixteen  Feet  iquare  at  the  leaft, 
and  Ten  Feet  high  in  the  Clear,  with  Brick  or  Stone  Chimney  or  Chimnies,  or 
proportionable  to  luch  Dimenfions,  if  fuch  Grantee  fliaJl  have  Two  or  more  Lots 
contiguous  •,  and  if  the  Owner  of  any  Lot  fhall  fail  to  purfue  and  comply  v/ith  the 
Directions  in  this  Aft  prefcribed  for  building  and  finifhing  a  Houfe  thereon,  then 
fuch  Lot  upon  which  fuch  Houfe  fhall  not  be  built  and  finifhcd,  fhall  be  reveftcd 
in  the  faid  Direftors ;  and  they,  or  the  Majority  of  them,  may,  and  are  hereby  im- 
powered  and  authorized,  to  fell  fuc'i  Lot  for  the  bell  Price  that  can  be  had,  to  any 

Perfos 


262  LAWS    of    North-Carolina. 

A.  D.    1760.    Perfon  applying  for  the  fame,  in  fuch  Manner,  and  under  fuch  Reftriftions,  as  they 
^'""W^"^     could  or  might  have  done  if  fuch  Lot  had  not  before  been  fold  or  granted  :    And 

the  Money  arifing  by  fuch  Sale  to  be  applied  as  the  Diredors,  or  the  Majority  of 

them,  fhall  think  proper,  for  the  Ufe  ot  the  Town. 

fXfrepfa"^';  VI.  AND  for  continuing  the  Succeffion  of  the  faid  Directors  until  the  faid 
Town  be  incorporated.  Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  in 
Cafe  of  the  Deaths  Refufal  to  act,  or  Removal  out  of  the  County,  of  any  of  the 
faid  Directors,  the  furviving  or  other  Directors,  or  the  Majority  of  them,  rtiall  af- 
femble,  and  are  hereby  impowered,  from  Time  to  Time,  by  Inftrument  of  Writing 
under  their  refpective  Hands  and  Seals,  to  nominate  fome  other  Perfon,  being  an 
Inhabitant  or  Freeholder  in  the  faid  Town,  in  the  Place  of  him  fo  dying,  refufing 
to  act,  or  removing  out  of  the  Country  -,  which  new  Director  fo  nominated  and 
appointed,  fhall,  from  thenceforth,  have  the  like  Power  and  Authority  in  all  Things 
in  the  Matters  herein  contained,  as  if  he  had  been  exprefsly  named  and  appointed 
in  and  by  this  Act. 

CHAP.     X. 

An  Act  to  amend  an  Act,  intituled.  An  Act  for  the  better  Regulation  of  the  Town 
of  Newbern,  and  for  fecuring  the  Titles  of  Perfons  who  hold  Lots  in  the  faid 
Town,  pajfed  the  Thirtieth  Day  of  September,  One  Thoufand  Seven  Hundred  and 
Fifty  Six. 

Piivate.  J    T  T  7  H  E  R  E  A  S  by  the  before  recited  A£t  the  Freeholders  of  the  faid  Town 

y  y  have  Liberty  annually,  on  the  Second  Tuefday  in  November,  to  meet  at 
the  Court-Houfe,  then  and  there  to  ele6l  and  choofc  Five.  Freeholders  of  the  faid 
Town  to  be  Commiflioners  for  the  fame,  but  no  Directions  to  the  Sheriff,  or  any 
other  Perfon,  to  open  the  Poll,  or  receive  the  Votes  for  eledling  fuch  Commiffion- 
ers ;  and  the  fame  hath  been  negledled  or  refufed  by  the  Sheriff,  on  the  Day  ap- 
pointed as  aforefaid  for  elefting  Commiffioners  for  the  enfuing  Year,  whereby  the 
Town  is  at  prefent  without  CommifTioners,  to  the  great  Detriment  thereof:  Where- 
fore, 

fhep!iiforEic'c!  II-  B  E  it  Enacted,  by  the  Governor,  Councik  and  AJfembly,  and  by  the  Authority 
of  com.-nif-  of  the  fame.  That  the  Sheriff  of  Cr^w«  County,  or  his  Deputy,  fhall,  on  the  Second 
Tuejday  in  January  next,  before  the  Hour  of  Ten  o'Clock  in  the  Morning,  open 
the  Poll,  and  receive  the  Votes  of  the  Freeholders  for  eleding  faid  Commifrioners, 
as  directed  in  the  before-mentioned  A6t,  and  continue  the  fame  open  till  Sun-fet, 
then  fhall  proclaim  the  Perlbns  to  be  Commiffioners  v/ho  fhall  have  the  moft  Suf- 
frages i  and  in  like  Manner  fhall,  on  the  Second  Tuefday  in  November  annually, 
open  the  Poll,  receive  the  Votes,  and  proclaim  the  Commiffioners  as  before  direfted, 
under  the  Penalty  of  Fifty  Pounds,  Proclamation  Money,  for  every  Negled  or 
Refufal  of  complying  with  the  Direftions  of  this  Aft ;  to  be  recovered  from  the 
faid  Sheriff  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Re- 
cord, wherein  no  Effoin,  Injunction,  or  Wager  of  Law,  fhall  be  allowed  or  ad- 
mitted, by  any  Perfon  or  Perfons  vv^ho  fhall  fue  for  the  fame  within  one  Year  after 
fuch  Negled  or  Refufal ;  one  Half  to  the  Profecutor,  the  other  Half  to  be  paid  to 
the  Commiffioners  for  the  Ufe  of  the  faid  Town,  to  be  applied  towards  fencing  in 
the  fame  :  Which  Commiffioners  fo  chofen  or  elected,  fhall  have  all  the  Powers  arid 
Authorities  mentioned  in  the  faid  recited  A6t,  or  any  other  A6t  now  in  Force,  re- 
lating to  the  faid  Town  of  Newbern. 


fioners. 


CHAP.     XI. 

An  A^  for  deflroying  Crows,  Blackbirds,  and  Squirrels,  in  the  County  ^/Hyde.  EXP, 

C  H  A  P, 


LAWS    of   North-Carolina. 


263 


CHAP.     XII.  J.  D.  1760, 

yf«  /^S^for  continuing  James  Davis  Printer  to  this  Province.    E  X  P» 


CHAP.     XIII. 

An  A^  to  continue  an  A£f^  intituled^  An  Act  for  the  Reftraint  of  Vagrants,  and  for 
making  Provifion  for  the  Poor,  and  other  Purpofes. 

I.  \kj  H  E  R  E  A  S  an  Act  pafled  at  Newhern  in  the  Twenty  Ninth  Year  of  the   P'"-^"" 

VV  Reig"  of  his  prefent  Majefty,  intituled,  An  A5i  for  the  Kejlraint  of  Va- 
irants,  and  for  making  Provifion  for  the  Poor^  and  other  Purpofes^  will  expire  at  the 
End  of  this  prefent  Seflion  of  Aflembly ;  and  whereas  the  laid  Act  hath  been  found 
ufeful  and  convenient : 

II.     B  E  it  Ena^ed,  by  the  Governor^  Council^  and  AfjemUy^  and  it  is  hereby  Enacted   ^^  continued, 
by  the  Authority  of  the  fame.  That  the  before  recited  Act  Ihall  continue  and  be  in 
Force  for  and  during  the  Term  of  Five  Years,  and  from  thence  to  the  End  of  the 
next  Seflion  of  Aflembly,  and  no  longer. 


SIGNED    by 

Arthur  Dobbs,  Efq-,  Governors, 
James  Hafell^  Prefident. 
Samuel  Swann,  Speaker, 


******** 


ANNO 


264 


LAWS    of    North-Carolina. 


j1.  D.    1761. 


.^*^|S^.i^^/^^.^^^^.4^^R^.^'^^?^  .,^^^^.4^5^^^4?^^R^.^J^^^^ 


«$•<$•     45**$*     ^^     •$*'^     •$"$♦     •?•     •^'^     •$"4^     •$••4^     •^4*     "^"^     4"^ 

^•^  -^"^  •$*^  •§•'$*  4*4*  '^^  •$••$*  4**9'  4"^  ^'^  4*^  4*4* 


ANNO     REGNi 


G    E    O    R    G    I    I      IIi; 

REGIS, 

MAGNiE    BRITANNIiE,    FRANCIS,   &   H  I  B  E  R  N  I  iE, 

P     R     I     M     O. 


ARTHUR   At  an  ASSEMBLY,    begun  and  held  at  Wilmington,  the  Twentieth 

DOBBS.Efq; 

Governor.  p^y  of  Marchj    in  the  Firft  Year  of  the  Reigh  of  our  Sovereign  Lord 

George  the  Third,  by  the  Grace  of  God,  oi  Great-Britain,  France, 
and  Ireland,  King,  Defender  of  the  Faith,  6cc.  and  in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Sixty  One  j  being  the  Firfl 
Scffion  of  this  prcfcnt  AlTembly. 


Thefirftg  Clan- 
les  of  this  Aft 
are  okiulete. 


10,000 

Ciedic 


\.  Bills  of 
amiued. 


CHAP.    L 

An  Acl  for  granting  to  his  Majejly  an  Aid  of  Twenty  I'houfand  Pounds^  ProcJamatioH 
Money ^  for  raijing^  cloathing^  and  payings  Five  Hundred  effective  Men,  exchftve  of 
Officers,  to  he  employed  as  his  Excellency  the  General,  or  Commander  in  Chief  of  his 
Majeftfs  Forces  in  America,  or  his  Excellency  the  Governor,  or  Commander  in  Chief 
of  this  Province,  fhall  direct  or  appoint ;  for  paying  and  fubfijling  Fifty  Men  and  Offi- 
cers, now  in  Garrifon ;  and  for  appointing  an  Agent  to  reprefent  to  hts  Majefiy  and  his 
Minifters  the  Loyalty  and  the  dutiful  Behaviour  of  the  Inhabitants  of  this  Province^ 
and  their  Zeal  for  his  Majefifs  Service ;  and  alfo  to  lay  before  his  Majefiy  and  his 
Minifters  proper  Documents  of  the  Charges  and  Expences  this  Province  hath  been,  or 
ffoall  be  at,  in  his  Majeflfs  Service,  during  the  prefent  War  \  and  to  follicit  the  Aj^airs 
ef  this  Province  at  the  fever al  Boards  in  England  ;  and  other  Purpofes, 

IX.  /\  N  D  whereas  there  is  not  Money  in  the  Public  Treafury  to  anfwer  the 
£\_  Purpofes  aforefaid,  and  the  reduced  State  of  the  Province  renders  it  im- 
prafticable  to  raife  the  fame  by  an  immediate  Poll-Tax  •,  Be  it  Enacted,  by  the  /lu~ 
thority  aforefaid.  That  the  Honourable  John  Swann,  Lewis  De  Roffett,  Efqrs,  Samuel 
Sivann,  and  John  Starkey,  Efqrs.  are  hereby  authorized,  impowered,  and  required, 
to  (lamp  or  print,  and  make  out,  or  caufe  to  be  llamped  or  printed,  and  alfo  to 
fign  with  their  Hands,  Public  Bills  of  Credit,  to  the  Amount  of  Twenty  Thoufand 
Founds,  at  the  Rate  of  Proclamation  Money  •,  that  is  to  fay,  One  Thoufand  Three 
Pound  Bills,  One  Thoufand  Forty  Shilling  Bills,  One  Thoufand  of  Thirty,  Six 
Thoufand  Five  Hundred  and  Six  of  Twenty,  Three  Thoufand  of  Fifteen,  Three 
,  ,  Thoufand 


LAWS    of    North-Carolina.  265 

Thoufand  of  Ten,  Three  Thoufand  of  Five,  Two  Thoufand  Sever!  Hundred  and  ^-  D.  jy6i. 
Twenty  of  Four,  Three  Thoufand  of  Three  Shillings,  Three  Thoufand  of  Two  ^-"^^ '^ 
Shillings  and  Six  Pence,  Five  Thoufand  of  Two  ShiUings,  Five  Thoufand  of  One 
Shilling,  Five  Thoufand  of  Eight  Pence,  Five  Thoufand  of  Six  Pence,  and  Five 
Thoufand  of  Four  Penny  Bills ;  and  fliall  receive  tor  (lamping  or  printing,  makino- 
out,  and  figning  the  fame,  Two  per  Cent,  and  no  more.  And  the  faid  Jolm  Swann, 
Levuis  De  RoJlfelt,  Samuel  Swann,  znd  John  Starkey,  Efqrs.  fhall,  before  they  (lamp, 
print,  or  fign,  any  of  the  faid  Public  Bills  of  Credit,  make  Oath  before  fome  Ma- 
giflrate  within  this  Province,  that  they  will  well  and  truly  execute  the  Trull  in  them 
repofed  by  Virtue  of  this  Aft  ;  and  give  their  rcfpcftive  Bonds,  with  fufficient  Se- 
curity, to  our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  for  the  Ufe  of 
this  Province,  in  the  Sum  of  Twenty  1  houfand  Pounds  each,  for  the  faithful  Dif- 
charge  of  the  Truft  in  them  repofed  by  this  Ad  ;  which  Bond  fhall  be  lodged  in 
the  Secretary's  OiTice. 

X.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  faid  Bills  of  To  be  delivered 
Credit,  when  io  (lamped  or  printed,  and  figned  as  aforefaid,  fhall  be  delivered  to  \]'^  ''"'  ^''''"' 
John  Starkey,  Efq;  Public  Treafurer  of  the  Southern  Diftnft,  and  fljall  be  by  liim 

applied  to  the  Ules  and  Purpoles  by  this  Ad  direded. 

XI.  AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  the  Bills  of  To  be  current  in 
Credit  to  be  emitted  by  this  Ad  lliall  be  current,  and  a  lawful  Tender  in  all  Pay-    ^''  ^'•'^'"'=""- 
ments  whatfoever  as  Proclamation  Money. 


Xll.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Pub- 
lic Treafurer,  when  direded  (until  the  Sum  of  Twenty  Thoufand  Pounds,  by  this 
Act  crranted  for  paying  and  fubfifting  the  afore-mentioned  Regiment,  and  the  faid 
Fifty  Men  and  Officers  now  in  Garriion,  fnall  be  fully  paid)  (hall  make  Payment 
in  the  faid  Bills  of  Credit  to  fuch  Perlbn  or  Perlbns  as  the  Governor,  or  Comman- 
der in  Chief,  by  his  Warrant,  faall  order  and  appoint  to  receive  the  fame. 


Treafurer  to  pay 
the  fame  to  fuch 
I'erfons  as  tha 
GoverncT  fliali 
appoint. 


XIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  tlie  Perfon  P"-''"'  receiving 
or  Perfons  who  (hall  receive  the  laid  Sum  of  Twenty  I'houfand  Pounds,  or  any  securUy.'  '''^"* 
Part  thereof,  by  Virtue  of  any  fuch  Warrant  or  Warrants,  (hall  account  with  the 
General  AlTembly  for  the  fame ;  and  every  luch  Perfon  or  Perfons,  before  receiving 
the  faid  Monies,  (hall  enter  into  Bond,  with  good  and  fufficient  Security,  to  his 
Majedy,  his  Heirs  and  Succe(rors,  in  Gouble  the  Sum  or  Sums  he  fliall  receive,  with 
Condition  that  he  will  account  with  the  General  AfTcmbly  for  the  Sum  or  Sums  he 
fiiall  fo  receive  from  the  faid  Treafurer  by  Virtue  of  fuch  Warrant ;  which  Bond 
fhall  be  taken  by,  and  lodged  with  the  Trea(urcr :  And  in  Ca;e  of  a  Breach  of  the 
Condition  thereof,  may  be  put  in  Suit,  and  Judgment  being  obtained  thereon,  the 
Money  recovered  (hall  be  applied  towards  defraying  the  contingent  Charges  of  Go- 
A'ernment,  in  fuch  Manner  as  the  Governor,  Council,  and  Allcmbly,  fhall  direct, 
and  to  no  other  Ufe  whatfoever. 


XIV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid 
Sum  of  Twenty  Thoufand  Pounds  (hall  be,  by  Direction  of  the  Governor,  or  Com- 
mander in  Chief  for  the  Time  being,  applied  to  the  particular  Purpofes  by  this  Act 
herein  before  directed,  if  neceffary  ;  but  if  a  leis  Sum  (hould  be  found  fufficient  for 
the  fame,  the  Surplus  fhall  be  applied  towards  defraying  the  contingent  Charges  of 
Government,  already  allowed,  or  which  fliall  be  hereatter  allowed  by  the  Governor, 
Council,  and  Aflrmbly,  and  to  no  other  Purpofes  whatfoever. 


Si'rplus  applied  to 
Contin^cnurs  of 
Goveinmciit, 


XV.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  able  bo-    Coionei  allowed 
died  Man,  inliiling  voluntarily  in  the  faid  Service,  as  foon  as  may  be  after  inlifting,    cioathine!"    '^ 
fli;ill  be  properly  cloathed  ;    for  which  Expence  of  cloarhing  and  furnifliing  each 
Soldier  with  a  Blanket,   the  Colonel  fliall  have  an  Allowance,   not  exceeding  Six     , 
Pounds  a  Man. 

L  1  XVI.  AND 


266  L  A  PV  S    of    North-Carolina. 

^.  D.   1761.        XVI.     AND  he  ii  further  EnaSled,  by  the  Authority  af or efaid^  That  if  any  Perfon 

' — -^'"■ — '     (\^^\\  forge  or  counterfeit  any  of  the  above-mentioned  Bills  of  Credit,  or  fhall  pafs 

fe;"ing"  Linir^f   or  utter  the  fame  in  Payment  or  Exchange,    knowing  the  fame  to  be  forged  or 

Credit.  counterfeited,  the  Offender  therein,  being  lawfully  convicled,  fliall  be  adjudged  a 

Felon,  and  fuffer  as  in  Cafes  of  Felony,  without  Benefit  of  Clergy. 


Poll -Tax  of  2S. 
iaid. 


XVII.  A  ND  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  for  redeeming 
the  faid  Public  Bills  of  Credit,  a  Poll-Tax  of  Two  Shillings,  Proclamation  Money, 
be  laid  on  every  taxable  Perfon  within  this  Province,  to  commence  on  the  Firlt 
Day  of  January,  which  fliall  be  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Sixty  Four,  and  to  continue  until  the  whole  Sum  to  be  emitted  by 
this  Aft  fhall  be  paid  in  and  burnt :  Which  faid  Tax  fhall  be  colleded  by  the  She- 
riffs of  the  feveral  Counties,  and  accounted  for  and  paid  to  the  Treafurers  of  the 
feveral  Diftrids,  in  the  fame  Manner,  and  under  the  like  Penalties,  as  are  by  Lav/ 
direfted  for  the  colleding,  accounting  for,  and  paying  other  Taxes,  (a) 


CHAP.     XL 

An  A5I  for  an  additional  Act  to  an  Act,  intituled.  An  A61  to  make  Provifion  for 
paying  the  Chief  Juftice  and  Attorney  General's  Salaries,  and  defraying  the  con- 
tingent Charo-es  of  Government.     EXP. 

CHAP.     III.  # 

The  Vcftrv  Aa,    An  Act  to  impower  the  Inhabitants  of  feveral  Parifhes  within  this  Province,    that  have 
"endl'^'r-^Mi'd'  ^^  H^^  Veflry  within  their  refpective  Parifhes,  to  meet  and  elect  VeJIries. 

CHAP.     IV. 

An  Act  to  appoint  Commijfioners  to  further  improve  and  amend  the  Navigation  of  New 
River,  tn  Onflow  County,  to  raife  a  Fund  by  a  Lottery,  to  defray  the  Expence 
thereof. 

Private.'  I,  T  1|  7  H  E  R  E  A  S  an  A61  of  Affembly,  intituled.  An  Act  to  improve  and  amend 

Y  Y  the  Navigation  of 'New  River,  in  Onflow  County,  paffed  in  the  Year  One 
Thoufand  Seven  Hundred  and  Sixty,  by  Reafon  of  the  Death  of  the  Com- 
miffioners,  and  Smallnefs  of  the  Fund,  has  not  anfwered  fully  the  good  Furpofes 
thereby  intended,  although  from  what  was  then  done  the  Schen^.e  appears  prafti- 
cable  : 

CommiiTnners  H.     BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affemb^y,  and  by  the 

rnUn^IcVal    Authority  of  the  fame,  Th"^l  miliam  Cray,  PJchaidfVard,  znA  Henry  Reads,  be,  and 
vigati-n.  are  hereby  conftituted  and  appointed  Commiflioners,  and  authorized  and  impowered 

to  contradl  and  agree  with  fuch  Perfon  or  Perfons  as  are  willing  to  undertake  the 
fame,  for  the  more  perfeft  clearing  away  and  removing  the  Rock  or  Shell,  or  cut- 
ting through  the  Marfh  fronting  New  River  Inlet,  in  fuch  Manner  as  m  their  Dif- 
cretion  fliall  befl:  promote  the  Navigation  thereof;  provided  the  Sum  fo  contra6led 
for  fliall  not  exceed  Two  Hundred  Pounds,  Proclamation  Money, 

Lottery  for  the        HI.     T  O  enable  the  faid  Coramiffioners  to  difcharge  the  faid  Contrail,    Be  it 
^'""^'  Enacted,    by  the  Authority  afcrcfaid.    That  the  faid  Commiflioners  fliall,    and  are 

hereby  appointed  Managers,  for  undertaking,  carrying  on,  and  drawing  a  Lottery, 
at  the  Court-Hcufe  on  New  River,  for  the  Purpofes  aforefaid,  with  Power  to  iffue 
One  Thoufand  Tickets,  to  be  figned  by  themfelves,  at  the  Price  of  Thirty  Shil-^ 
lings,  Proclamation  Money,  for  each  Ticker,  m  Form  following : 

NEW 


(a)  The  iSth,   19th,  and  20th  Claufi^s  of  this  Aft,  iSx  appointing  an  Agent,  exprcd. 


L  A  JV  S    of    North-Carolina. 


267 


XXXXXXKXXXXXXXXXKXXXXXXXXXX 
k    N°  X 

5  NEW-RIVER  LOTTERY.  ^? 

^<  THIS  Ticket  intitles  the  Bearer  to  whatever>^' 
XPrize  may  be  drawn  againft  the  Number,  dedudingf^ 
</Fifteen  per  Cent,  as  by  Ad  of  Affembly  pafled  in<> 
'yi..  April  1761.  p^ 

X  ":■< 

And  on  the  Firil  Tuefday  in  November  next,  at  the  Court  Houfe  on  New-River^  (hall 
begin  the  Drawing  of  the  faid  Lottery,  if  a  fufficient  Number  of  Tickets  fliall  by 
that  Time  be  difpofedof ;  and  the  Calculation  of  the  Chances  ihall  be  as  follows  ; 

Two  Prizes  of  £. 

Two  Prizes  of 
Two  Prizes  of 
Ten  Prizes  of 

Two  Hundred  and  Five  Prizes  of 
.  Firft  Ticket  drawn 
Laft  Ticket  drawn 


A.  D.   1761. 

Form  of  the  Ti«- 
fcet. 


100 

is 

£' 

200 

50 

is 

100 

25 

is 

50 

10 

IS 

100 

5 

IS 

1025 
12 
12 

10/. 
loy: 

At  15  per  Cento 


I'  1500         is  £^  ±25 


Ktttnter  anil  Tai 
lite  of  Frizci. 


IV.  ANT)  belt  further  Etta^ed^  by  the  Authority  afcrefaid^  That  it  ITiall  and  may 
be  lawful  for  the  faid  Managers  to  deduct,  out  of  the  Amount  of  every  Prize, 
Fifteen  per  Cent,  to  be  applied  as  hereafter  mentioned  :  But  before  any  Ticket  fhall 
be  iflued,  the  faid  Managers  fhall  give  Bond,  payable  to  his  Excellency  the  Gover- 
nor, and  his  SuccefTors,  in  the  Penalty  of  One  Thouland  Five  Hundred  Pounds, 
Proclamation  Money,  with  Condition,  for  their  faithful  Difcharge  of  the  Truft  re- 
pofed  in  them  by  this  Act  •,  which  Bond  Ihall  be  recorded  in  the  County  Court  of 
Onflow^  and  any  Perfon  injured  may  have  Judgment  thereon  againft  the  Managers. 


Manager!  to  |iti 
Boni. 


V.  AND   be  it  further  Enacted^  That  the  faid  Managers  fhall,  before  they   Andtaiie 
enter  on  the  Execution  of  their  Office,  before  any  Juftice  of  the  Peace  for  the 
County  of  Onjlow  take  the  following  Oath,  viz. 

I  A.  B.  do  folemnly  fwear.,  that  1  will  faithfully  execute  the  Office  of  Manager  to  the  ThisOath. 
New- River  Lottery^  according   to   the  Directions  of  the  A  I  of  AJfembly  in  that 
Cafe  tnade  and  provided.  SO  HELP  ME  GOD. 

VI.  AND   for  the   more  ready  Sale  of  the   Tickets,  Be  it  EnaSfed.,  by  the   ^°'")^^^^^ll^^ 
Authority  aforefaid^  That  the  Managers,  on  Difpoial  of  any  of  the  faid  Tickets,  may 

take  Notes  from  the  Purchafer,  with  Security,  if  required,  in  the  Form  following  : 

I   or  We  do  jointly  or  federally  (as  the  Cafe  may  be)  prornife  to  pay  to  William  Cray, 
Richard  Ward,  and  Henry  Roads,  Managers  of  the  ]>iew-Rl-vcr  Lottery^  or  their 
Affigns,  the  Sum  of  within  Two  Months  after  the  Drawing  the  faid  Lottery^  for 

Value  received  for  Tickets  bought  by  fVitnejs  my  Hand^  the 

Day  of 

Which  Note  fhall  be  deemed  valid  againft  the  Subfcriber,  theirs,  and  each  of  their 
Perfons  and  Eltates ;  and  the  Managers  fhall  be  intitled  to  demand  and  receive  the 
Sum  therein  mentioned  from  the  Subfcribers ;  and  on  Negled  or  Refulal  of  Pay- 
ment at  the  Time  limited  for  Payment  being  expired,  may,  on  Application  to  any 
One  Magiftrate,  obtain  a  Warrant,  and  on  Judgment,  have  Execution  thereon ; 
■which  faid  Magiftrate  is  hereby  authorifed  and  impowered  to  grant,  in  the  fame 
Manner  as  he  may  in  other  Matters  under  the  Value  of  Forty  Shillings  by  the  Law 
now  in  Forces  LI2  VlL    AND 


268  I,^/;^/So/    North-Carolina. 


Allowance  to  the 
Managerf, 


.^.  D.  1761.  VII.  JND  he  it  Enacted^  That  the  faid  Managers  may  take  Twenty-five  Pounds, 
or  Notes  to  that  Amount,  as  Satisfaftion  for  keeping  the  Accounts,  drawing  the 
Lottery  and  whole  Charge  thereof,  and  no  more ;  and  the  remaining  Two  Hun- 
dred Pounds  fhall  be  applied  to  the  amending  the  Navigation  of  New-River  -,  and 
to  no  other  Purpofe  whatfoever.  Provided  neverthelefs.  That  if  the  whole  Sum  of 
Two  Hundred  Pounds  fhall  not  be  expended  in  the  improving  the  Navigation  as 
aforefaid,  the  Refidue  thereof  unapplied  fhall  go  in  Aid  of  the  County  Tax  of 
Onjlow. 


CHAP.    V, 

^n  Act  to  amend  and  improve  the  Navigation  from  Currituck  Inlet  through  the  Dijlrict 
in  Currituck  County^  to  Albemarle  Sound.     REP. 


PreamWe, 


Sufferers  allowed 
for  theirTobaccc, 


Hew  paid, 


Slicr'ff  impower- 
etl  to  receive  the 
Tsxts  for   1760. 


CHAP.     VI. 


An  Act  to  impower  the  Inferior  Court  of  Fleas  and  ^carter  Sejfwns  for  the  County  of 
Northampton,  to  lay  a  Tax  to  pay  fundry  Perfons  who  have  fuffered  by  the  burning  of 
Pace'j  Warehoufe  in  the  faid  County  5  and  other  Purpofes. 


I. 


H  E  R  E  A  S  the  Public  Warehoufe  in  the  County  of  Northampton,  cal- 


y  Y  led  Pace's  Warehoufe,  was  lately  by  Accident  burnt,  with  a  great  Quantity 
of  Tobacco,  belonging  to  fundry  Perfons  in  the  faid  County,  and  there  being  no  Law 
now  in  Force  to  aicertain  the  Method  of  raifing  a  Sum  of  Money  fufiicient  to  pay 
and  fatisf y  the  Lofs  thereof  to  the  Sufferers  :  For  Remedy  whereof, 

II.  We  pray  that  it  may  be  Ena6led,  /^nd  be  it  Enacted  by  the  Governor,  Council, 
and  ,iffe;nbly,  and  by  the  Authority  of  the  fame.  That  the  faid  Inferior  Court  of  Pleas 
and  Quarter  Seflions,  for  the  County  of  Northampton,  is  hereby  aurhorifed  and 
direded,  upon  Application  made  to  them  by  any  Perfon  that  had  Tobacco  burnt 
in  the  faid  Warehoufe,  and  Proof  made  thereof,  to  allow  fuch  Perfon  fo  much  Mo- 
ney as  he  fhall  make  appear  he  has  fuflained  by  fuch  Warehoufe  being  burnt ;  and 
to  lay  a  Tax  on  the  Inhabitants  of  the  faid  County,  fufEcient  to  pay  and  fatisfy  all 
fuch  Lofs  as  fuch  Perfon  fliall  make  appear  he  has  fuflained  thereby  :  Which  faid 
Tax  fhall  be  collefted  by  the  Sheriff,  in  the  fame  Manner,  and  under  the  like  Rules 
and  Reftriftions,  Fines,  Forfeitures,  and  Penalties,  as  are  direded  and  inflided  by 
Law  in  paying  and  colleding  other  Taxes. 

III.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Inferior 
Court  of  Pleas  and  Quarter  SefTions,  upon  Application  made  to  them,  by  any 
Perfon  as  aforefaid,  having  a  Cl-aim  on  the  faid  County  for  Tobacco  burnt  in  the 
aforefaid  Warehoufe,  fhall  order  and  direct  the  Sherift"",  after  collecting  the  aforefaid 
Tax  as  aforefaid,  to  pay  fb  much  Money  out  of  the  fame  to  any  fuch  Peribn  as  fhall 
have  been  allowed  by  fuch  Court. 

IV.  AND  whereas  there  was  no  Court  held  for  the  faid  County  in  the  Year 
One  Thoufand  Seven  Hundred  and  Sixty,  or  Magillrates  qualified  at  the  Times  by 
Law  appointed  for  taking  the  Lift  of  Taxables  •,  by  Means  whereof,  there  was  no 
Public,  County,  or  Parilh  Tax,  collected  for  that  Year  :  Therefore,  Be  it  Enacted, 
by  the  Authority  aforefaid.  That  the  Sheriff  of  the  aforefaid  County  is  hereby  direct- 
ed and  authorifed,  to  collect  from  the  Taxable  Perfons  of  the  aforefaid  County,  the 
Public  Taxes,  already  impofed  by  the  feveral  Acts  of  AfTembly  of  this  Province, 
by  the  Lift  of  Taxables  returned  by  the  Juflices  of  fuch  County,  in  the  Year  One 
Thoufand  Seven  Hundred  and  Fifty-nine,  and  account  for  the  fame  to  the  Treafii- 
rer,  in  the  fame  Manner,  and  under  the  like  Rules  and  ReflrictionF,  as  he  is' by 
Law  to  account  for  and  pay  other  Public  Taxes-,  and  the  Juflices  of  the  aforefaid 
Inferior  Court,  and  the  Veflry  of  the  Parifii  of  St.  George^  within  the  faid  County 


LAWS    of    North- Carolina,  269 


of  Northampton^  refpeqiively,  fhall,  as  foon  as  convenient  may  be,  lay  iuch  Tax    '^.  D.   1761. 
on  the  County  or  Parilh  (as  the  Cafe  may   be)   for  paying  and  defraying  all  fuch     ^— -^v~— ' 
County  or  Farifh  Debt  or  Debts,  and  which  ought  to  have  been  collectea  and  paid 
in  the  Year  Oiie  Thouiand  Seven  Hundred  and  Sixty,  and  apply  the  Monies  there- 
by arifing,  to  fuch  Ufe  or  Ufes  as  the  fame  wa;,  levied  for  :  Any  Law,  Ufage,  or 
Cuftom  to  the  contrary  notwithftanding.     (a) 

VI.     AN  B  he  it  further  EnaEfed^  hy  the  Aiahority  afcrefaU,  T\\zt  in  either  of  the  Surpi,,,  of   th« 
aforefaid  Cafes,  if  there  fhall  be  a  greater  Sum  of  Money  levied  and  collected  by   Taxapproptbied. 
Virtue  of  this  Acl  than  will  be  fufiicient  to  aniwer  the  Purpofes  thereby  intended, 
the  Overplus  flTiall  be  applied  towards  difcharging  the  Debts  of  the  County,  where 
the  fame  lliuU  be  laid. 

C  H  A  P„     VII. 

An  A:l  for  aHerinr  the  Times  of  holdiny  the  Superior  Court  of  Pleas  and  Grand  Scjfwns  PmviJed  for  by 
for  the  Dijiri  l  of  Newbern  ;  anl  alfo  the  Inferior  Courts  of  Pleas  and  ^.arter  '''^  ^°'"'  '^'*"* 
Sejfions  in  the  Counties  of  Orange,  and  Carteret ;  andjOr  other  Purj^ojes. 

C  H  A  P.     VIIL 

An  A^  for  hitilJing  a  Court-Houfe  in  the  'Town  of  Newbern,  in  the  County  of  Craven,' 
for  raifing  a  T.ix^  and  for  appointing  Commijfioners  for  building  the  J ame  ;  ad  for 
repealing  an  Act  paffed  at  Wilajington  the  loth  L,oy  of  November,   1759,  intituled 
An  A'::t  for  appointing  Commifiioncrs  for  finidiing  the  Court-HouJe  already  be-  ' 
gun  in  the  Town  of  Newbern  \  and  for  other  i'urpoles. 

I.  T  ^  r  H  E  R  E  A  S  the  faid  County  is  at  prefent,  and  hath  been  for  fome  Years    ^''"^'* 

Y  Y  P^^^  wichout  a  Court-Houfe  to  hold  their  C  ourts  in  ;  and  the  Coinmifli- 
oners  mentioned  in  the  before  recited  Aft,  having  negleded  building  and  finifhing 
the  Court-Houfe  therein  mentioned,  to  the  gr^at  Detriment  and  Inconvenience  of 
the  Inhabitants  thereof  : 

II.  Be  it  therefore  Enacted,  and  it  is  hereby  Enacted,  by  the  Governor,  Council,  and   C'urt-Houfe  tg 
AJfembly^  and  by  the  Authority  of  the  jame.  That  a  Court-Houfe  for  the  fai  i  County,    ""  ''"'^'" 

not  exceeding  Sixty  Feet  long,  and  Forty  Feet  wide  in  the  Clear,  be  built  on  the 
Public  Lots  in  the  Town  of  Newbern,  nearly  oppofite  Mr.  Rice'^  Red  Houfe,  or 
in  the  Interfeftion  of  Droad-ftreet,  where  a  Court-Houfe  is  already  begun,  which- 
foeverof  the  ^aij  Places  they  the  CommilTioners  herein  after  appointed  for  carrying 
on  the  faid  Building,  or  the  Majority  of  them,  fhall  judge  moft  convenient. 

III.  AN  0  he  it  further  Enacted,    by  the  Authority  aforefaid.  That  a  Poll  Tax    Tax  laid  for  it; 
of  Two  Shillings,  Proclamation  ivljney,  be,  and   is  hereby  laid  on   each  taxable 

Perfon  within  the  laid  County  of  Craven,  Yearlv,  for  Three  Years,  from  and  after 
the  pairing  of  this  .Aft;  to  be  levied  and  coUefted  by  the  Sheriff  of  the  laid  Coun- 
ty, in  like  Manner,  and  at  the  fame  Time,  as  Public  Taxes  are  collected  -,  which 
fhill  bv  hi.'-rt  be  accounted  for,  and  paid  into  the  Hands  of  the  Honourable  Richard 
Slight,  Elq;  Jofeph  Leech,  and  John  Fonville,  Efqrs.  CommifTioners,  hereby  ap-  Comm;rnoner» 
pointed  far  building  and  finifhing  the  faid  Court-Houfe,  or  to  the  Majority  of  them,  ^pp"'"'"^' 
or  their  Orders,  who  are  to  build  the  fame  at  their  Difcretion  ;  the  Firfl  Collection 
of  the  faid  Tax. to  be  made,  accounted  for,  and  paid  by  the  faid  Sheriif  unto  the 
faid  CommifTioners,  or  their  Orders,  on  or  before  the  Tenth  Day  of  April,  lyGi, 
and  fo,  Annually,  till  the  laid  Three  Years  are  expired. 

IV.  AND  for  the  better  enabling  the  faid  CommifTioners  to  carry  on  and  finifli 
the  faid  Court-Houfe  as  fbon  as  m.ay  be,  //  //  hereby  Enacted,  by  the  Authority  afore- 

fcid, 

/rtyl  The  5th  Ciaufe  provided  for  by  the  Infpeilion  Adt. 


270  L  A  PV  S    of    North-Carolina. 

A.  D.    1761.  J'aid^  That  they  the  faid  Commiflloners,  or  the  Majority  of  them,  (hall  be,  and  they 
ThliTi^^i^o   ^'"^  hereby  invefted  with  full  Power  and  Authority,  to  fell  and  difpofe  of  the  Lot 
Ml  the  old  Court   belong-ing  to  the  faid  County,  whereon  the  old  Court-Houfe  and  Prifon  formerly 
^a'lr'^Pe'r'fJns  '"o   ftood,  at  PubUc  Vcnduc,  at  any  Time  hereafter,  on  giving  Public  Notice  thereof. 
Account  tor  Mo-    at  kaft  Twenty  Days  before  the  Sale  \  and  after  fuch  Sale  to  convey  and  make  over 
Hinds/  "'         the  fame  in  Fee-Simple,  to  the  Perfon  or  Perfon  fo  buying  and  paying  for  the  fame, 
and  to  their  Heirs,  Executors,  Adminiftrators,  and  Affigns,  by  fuch  Inftrument  or 
Inftruments  in  Writing  as  fhall  be  fufficient  and  available  in  Law ;    and  alfo  full 
Power  and  Authority  to  fell  and  difpole  of  the  Bricks  already  laid,  that  were  intended 
by  the  before  recited  A(5t  to  build  a  Court-Houfe  with,  \n  Cafe  the  faid  Work  fliould 
be  found  infufficient  to  build  on  ;    and  alfo  full  Power  and  Authority  to  demand 
and  receive  from  every  Perfon  or  Perfons,    all  fuch  Sum  or  Sums  of  Money  they 
may  have  in  their  Hands  belonging  to  the  faid  County^    excepting  fuch  Taxes  as 
hath  been  from  Time  to  Time  laid  for  paying  Jury  Tickets ;    and  on  fuch  Perfon 
or  Perfons  Negleft  or  Refufal  to  account  for  and  pay  fuch  Sum  and  Sums  of  Mo- 
ney to  them  the  faid  Commiflioners,  they  the  faid  Commiflloners,  or  the  Majority 
of  them,  are  hereby  authorized  and  impowered,  in  their  own  Names,  to  proceed 
againft  them,  or  any  of  them,  for  the  Recovery  thereof,  in  the  fame  Manner  and 
Form  as  Sheriffs  may  be  fued  or  proceeded  againft  that  have  or  detain  Public  Mo- 
ney in  their  Hands :    And  the  Money  arifing  from  the  aforefaid  Tax,    Sale  of  the 
^         aforefaid  Lot,  and  Bricks,  and  what  Money  may  be  recovered  of  tlie  Debts  due  to 
the  County,  fhall  be  applied  by  the  faid  Commiflloners,  or  the  Majority  of  them, 
towards  building,  finifhing,  and  compleating  the  Court-Houfe  as  aforefaid  ;  and  if 
there  fliould  be  any  Surplus  of  the  Money  in  their  Hands  after  building,  fir.ifhing, 
and  compleating  the  fame,  it  fhall  be  paid  by  the  faid  Commiflloners  to  the  Juftices 
of  the  Inferior  Court  of  the  faid  County,  to  be  applied  by  them  towards  leffening 
the  County  Tax. 

Sheriff  totjiieft  V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sheriff  of 
the  County  aforefaid  fhall,  before  he  receives  any  Part  of  the  Tax  herein  laid,  enter 
into  Bond,  with  Two  fufficient  Securities,  to  the  faid  Commiflloners,  that  he  will 
duly  colledl  and  pay  the  fame  unto  the  faid  Commiflloners,  for  the  Ufes  aforefaid  ; 
and  every  fuch  Sheriff  who  fhall  fail  or  negleft  to  give  fuch  Bond  and  Security,  fliall 
forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Money  -,  to  be  recovered 
with  Cofts,  by  Adion  of  Debt  or  Information,  in  any  Court  of  Record,  by  the 
faid  Commiflloners,  or  the  Majority  of  them,  for  and  towards  building  and  finifh- 
ing the  faid  Court-Houfe :  And  upon  fuch  Refufal  or  Neglerd  of  fuch  Sheriff,  they 
the  faid  Commiflloners,  or  the  Majority  of  them,  fliall,  and  are  hereby  required, 
to  nominate  and  appoint  fome  other  Perfon  to  colledt  and  receive  the  aforefaid  Tax, 
who  fhall  give  Bond  and  Security  to  colled  and  pay  the  fame  in  Manner  aforefaid ; 
and  thereupon  fhall,  and  is  hereby  declared  to  have  full  Power  and  Authority,  to 
colled  and  receive  the  fame,  under  the  like  Rules  and  Regulations  as  the  Sheriff 
could  or  might  have  received  the  fame. 

RcpeaiingCUufc.  VI.  AN B  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  before 
recited  Ad,  intituled.  An  Act  for  appointing  Commijfioners  for  finifhing  the  Court-Houfe 
already  begun  in  the  'Town  of  Newbern,  and  for  other  Purpofes,  be,  and  is  hereby  from 
hence  repealed,  and  made  void. 

CHAP.     IX. 

Rpp.  and  provid-    Ah  Act  to  prcvent  the  exacting  of  illegal  and  exorbitant  Fees  in  levying  Executiens  by  Sbt» 
f'rl'^X-^r  riffs,  and  Other  Officers. 

Sheriffs. 


CHAP, 


LAWS    of    North-Carolina. 


271 


^.  D.    1761, 


C  H  A  P.     X. 

Jn  Act  for  amending  an  Act^  intituled^  An  Aft  for  dividing  the  Pariffi  of  St.  Johfi^ 

in  Granville  County. 

I.  T T  TH  E  R  E  A  S  by  an  Aft  of  Aflembly  pafTed  at  Edenton  the  Twenty  Third   P"vate. 

yy  Day  of  November,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hun- 
dred an.i  Fifty  Eight,  intituled,  An  Act  for  dividing  the  Parifh  of  St.  JohnV,  in 
Granville  County,  it  was  Enafted,  That  the  laid  Parilli  Ihuuld  be  divided  by  a  Line 
bcginniiig  at  Cotton  Creek,  where  the  Virginia  Line  crolles  the  fame ;  aiid  there 
being  no  fuch  Place  found,  by  which  Means  Difputes  are  likely  to  arife  between 
the  Inhabicancs  of  each  Parifli  concerning  the  faid  Line :    For  Prevention  whereof, 

II.  W  E  pray  that  it  may  be  Enafted,  And  he  it  Enacted,  hy  the  Governor,  Coun-  bividrng  hn^ 
cil,  and  Affenibly,  and  by  the  Authority  of  the  fame.  That  at  any  Time  after  the  Firft  '' 
Day  of  May  next,  the  faid  dividing  Line  be  run. as  followeth,  to  zvit.  To  bec^in 
where  Jefferfon\  Road  now  croffes  the  Virginia  Line,  running  thence  a  dircft  Lme 
to  Horfe  Creek,  where  Johnfton  County  Line  croffcs  the  laid  Creek ;  and  all  that 
Part  ot'  the  faid  Parifli  formerly  called  St.  John's,  which  fhall  be  Eaftward  of  the 
faid  Line,  (hail  remain  and  be  called  the  Parilli  of  St.  John's  %  and  all  that  Part  of 
the  faid  Parifli  which  fliall  be  to  the  Weftward  of  laid  Line,  Ihall  be  held,  deemed^ 
taken,  and  called  the  Parifli  of  Granville. 


III.  AND  he  it  further  Ena5fed,  hy  the  Authority  ofcrefaid.  That  Mr.  Robert 
Harris,  Mr.  Richard  Hendcrfon,  Mr.  IViiliam  John/Ion,  and  Mr.  Gideon  Macon,  and 
they,  or  any  Twa  of  them,  are  hereby  appointed  Commifnoners  to  run  the  faid 
Line          >    >        1     ^^     ^      ^  --        ■"  >  .     -- 

the  Churchward 


and  that  the  Parifli  of  Granville  bear  the  Expence  of  the  fame,  to  be  paid  by 
jrchwardens  out  of  the  Parifli  Tax. 


IV.  RRO  VIB  E  D,  That  nothing  herein  contained  fiiall  be  conflrued  to  debar 
the  Sheriff  or  Colleftor  of  the  Parifli  of  St.  John''<,  from  making  Difl:refs  for  any 
Levies  or  Tax^s  which  fliall  be  due  to  faid  Parifli  from  fuch  Inhabitants,  as  were 
deemed  before  the  pafllng  of  this  Aft  to  be  within  the  Parifli  of  St.  John's  ;  any 
Thing  herein  contained,  to  the  contrary,  notwithflianding. 


Comm'fTicneH 
for  lunning  it. 


Shet'ff  to  make 
Diftrefs  as  before 
the  Divlfioni 


CHAP.     XI. 

An  A£l  for  adding  "Part  i/f  Orange  County  to  Johnfton  County,  and  for  afcertaining  the 
dividing  Line  between  the  faid  Counties. 


I. 


WHEREAS  the  Inliabkants  of  that  Part  of  Orange  County  lying  upon    ?''«'= 
Neufe  River  labour  under  great  Inconveniency,  by  Reafon  of  the  great 


Part  of  Orangs 
oddej  to  John- 
ftofi. 


Diftance  to  the  Court-Houfe  of  the  laid  County 

II.  B  E  it  therefore  Enacted,  hy  the  Governor,  Council,  and  Affemhly,  and  hy  the 
Authority  of  the  fame.  That  that  Part  ci  Orange  County,  lying  on  Neufe  River,  be 
added  to  the  County  of  Johnfton ;  and  be  divided  by  a  Line  to  begin  at  the  South 
Well  Corner  of  Granvil'e  County,  and  running  thence  a  due  South  Courfe  to  John- 
Jlon  or  Cumberland  County  Line,  which  of  the  faid  County  Lines  it  may  firfl:  inter- 

feft. 

III.  AND  he  it  further  Ena?.cd,   'oy  the  Authority  aforefaid.,  That  William-  Chur-    Commi/Tinnerj 
ion  and  Theophilus  Hunter  be,  and  they  are  hereby  appointed  Commiflioners,  to  run    Line'"""'"'^  '''* 
the  faid  Line. 

IV.  A  N  D  for  defraying  the  Charges  thereof.    Be  it  Ena^ed,  hy  the  Authority    Tsx  hid  for  it, 
cforefaid.  That  the  Inferior  Court  of  fleas  and  Quarter  Sefllons  oi  Johnfton  County 

be,  and  is  hereby  impowered,  to  lay  a  Poll-Tax,  not  exceeding  the  Sum  of  Four 

PencCjj 


>72  LAWS      of      N  ORT  H -C  A  ROL  I  N  A. 


A.  D.  1761.  Pence,  Proclamation  Money, /'ijr  Taxable,  upon  the  Inhabitants  of  7o^w/?i5«  Coun- 
^--"V**^  ty,  and  (hall  caufe  the  fame  to  be  levied  in  the  fame  Manner  that  the  Public  Taxes 
are  levied ;  and  fhall,  out  ot  the  Money  arifing  by  the  faid  Tax,  pay  and  fatisfy 
the  Commiffioners  aforefaid,  for  their  Trouble  and  Charges  expended  in  running 
the  Lines  aforefaid,  and  fhall  apply  the  Money  remaining  (if  any  there  be)  to  the 
Ufe  of  the  County. 

p.nt  of  Orange  y^  AND  h  It  further  Enactcd,  by  the  Authority  aforefaid^  That  the  Part  of 
County,  '"  ""  Orange  County  hereby  added  to  Johnjlon  County,  from  henceforth  fhall  be  deemed, 
held,  and  taken  to  be  Part  of  the  County  of  Johnjlon  j  and  that  the  Inhabitants 
thereof  be  fubjed:  and  liable  to  the  fame  Rules,  Orders,  and  Taxes,  as  any  other 
of  the  Inhabitants  of  the  faid  County  now,  or  fliall  hereafter  be  fubjea  or  liable  to  j 
any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

Sheriff  to  diftrain  VL  A  N  D  k  it  further  Ena£!ed^  by  the  Authority  aforefaid.  That  nothing  herein 
L'reThrDivifi^n'  Contained  fhall  be  conftrued  to  debar  the  Sheriff  of  the  atcrefaid  County  of  Orange, 
as  the  fame  ftands  now  undivided,  to  make  Diftrefs  for  any  Taxes,  Levies,  Fees,  or 
other  Dues,  that  are  now,  or  fhall  be  due  from  the  Inhabitants  of  the  faid  County 
for  the  Year  ot  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty,  or  before,  that 
he  may  make  Diftrefs  in  the  fame  Manner  as  by  Law  the  laid  Sheriff  could  or  might 
have  done  if  the  faid  County  had  remained  undivided  •,  and  the  faid  Levies,  Fees, 
and  other  Dues,  fhall  be  colleded  and  accounted  for  in  the  fame  Manner  as  if  this 
Aft  had  never  been  made ;  any  Thing  herein  contained,  to  the  contrary,  notwith- 
ftanding. 

CHAP.     XII. 

Providoi  f.r  by    j^  ji-j  jQy  enlarging  the  I'ime  for  InfpeHion  of  Tobacco  at  the  Public  Warehoufe  in  the 
Aa. " '"  '""  Toivn  of  Tarborough,  in  the  the  County  of  Edgcomb,  and  for  increafing  the  Salaries 


of  the  Infpeclors  thereof, 

.vidd  for  by    CHAP.  13.     An  A£l  to  appoint  Commijffioners  of  the  Roads  for  a  certain  DiJlriSi  in 
^"^^  ^'^'  Bladen  County, 


the  Road  Ail. 


1 4.  An  /i5f  to  impower  the  fever al  Superior  and  Inferior  Courts  within  this 
Province  to  admit  a  Copy  of  the  lafi  Will  and  Tejlament  of  any 
Perfon  deceafed  to  be  gi-Ven  in  Evidence.     EXP. 


CHAP.     XV. 

An  Act  to  dock  the  Entail  of  certain  Lands  therein  mentioned,  vefling  the  Fee- Simple  there- 
of in  Blake  Balgcr,  and  for  fettling  other  Ltjnds  in  Lieu  thereof  to  the  fame  Ufes. 

Pnvate.  I,  T  T  7  H  E  R  E  A  S  Colonel  Barnaby  M'Kinney,  late  of  this  Province,  deceafed, 

YY  beino-  in  his  Lifetime,  feized  in  his  Demefne,  as  of  Fee,  of,  and  into, 
certain  Tracts  of  Land,  lying  and  being  in  Halifax  County  (formerly  Edgcomb) 
and  being  fo  feized,  the  faid  Barnaby  M'Kinney  dia,  by  his  laft  Will  and  Teftament, 
in  Writing,  bearino-  Date  the  Thirteenth  Day  of  Auguft,  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Thirty-ftven,  deviie  to  his  Son  Richard  M'-Kin- 
ney,  in  Fee-tail  (together  with  other  Lands)  that  Tract  of  Land  whereon  the  faid 
Barnaby  M'Kinney  then  lived  -,  bounded  as  foUoweth  :  Beginning  at  the  upper  End 
of  the  Cyprefs  Gut  on  Morattock  River,  at  a  Place  called  the  old  Mill-Dam ;  thence 
by  the  Windings  of  the  faid  Gut  to  the  Great  Ditch  ;  thence  along  the  faid  Ditch 
to  the  Corner  thereof  at  the  Road  ;  and  thence  by  the  Courfes  of  the  Cyprefs  Gut  to 
where  JVilliara  Brown's  head  Line  croffes  the  fame  ;  then  by  Brown's  head  Line  to 
his  Corner  near  the  head  of  the  Merry  Branch  ;  then  by  Brown's  lower  Line  to  a 
Maple  on  Morattock  River  :  As  alfo,  Two  Hundred  Acres  of  Land,  purchafed  of 
Colonel  JVilHam  Maukj  adjoining  William  Brown's  Lower  Line  j  and  all  the_  Re- 
mainder 


L  A  W  ii    o/'North-Carolina.  27 


mainder  of  the  faid  Barnahy  M'Kinney's  Lands  on  the  South  Side  of  Moratlock    ^-  -0-    J761. 
River,  not  before  deviled  ;  and  if  his  faid  Son  Richard  fhuuld  die   without  Heir      v— — v— ^ 
or  lawful  Ilfue,  then  the  Plantation  whereon  the  faid  Barnaby  M'Kinney  then  lived' 
with  Tiiree  Hundred  Acres  of  Land  adjoining,  Ihould  delcend  to  his  Son  John 
M'Kinney,  in  Fee-tail ;  and  all  other  the  Lands  betore  deviled  to  the  faid  Richard 
M'-Kinney,  fhould  go  to  the  Two  Daughters  of  the  faid  Barnaby  M'Kinney,  to  wit. 
Patience  Lane,  and  Mourning  Pope,  and  the  Heirs  of  their  Two  Bodies,  lawfully 
begotten,  and  to  their  Heirs  for  ever,  equally  to  be  divided  between   them    and 
foon  after  died ;  and  the  faid  Richard  AT-Kinney,  after  the  Death  of  the  faid  Tefta- 
tor,  in   Confequence  of  the  faid  Devife,  became  feized  and  polfefTcd  of  the  Lands 
aforefaid,  and  lo  died  feized  thereof  without  lawful  Ilfue ;  by  iVIcans  whereof,  John 
Lane,  and  Henry  Pope,  the  lawiul  Pleirs  of  Patience  Lane  and  Mourning  Pope,  be- 
came feized  as  Heirs  at  Law  to  the  laid  Patience  and  Mourning  of  the  Lands  in  the 
aforefaid  Devife  mentioned  ;    except  the  Plantation,  and  Three  Hundred  Acres  of 
Land  limited  as  aforefaid  to  the  fuid  John  M'-Kinney.   And  the  laid  John  Lane  Heir 
at  Law  to  the  laid  Patience  Lane,  who,    by  the  Will  of  the  faid  Teflator,  in  De- 
fault of  lawful  I  flue  of  the  laid  Richard  M'Kinney,  was  intitled  to  one  Half  of  the 
faid  Lands  fo  limited  to  the  laid  Patience  and  Mourning,  entered,  and  was  feized 
and  polTcired  thereof;  and  apprehending  he  had  a  Fee-Simple  Eftate  therein     ao-re- 
ed  to  fell  the  fame  to  Col    Jo/e^h  Lane,  for  the  Confideration  of  Four  Hundred 
Pounds,  and  executed  a  Leaic  anci  Releale  to  the  faid  Col.  Jofeph  Lane,  for  his  Part 
or  Share  of  the  Lands  lo  limited  to  the  laid  Patience  and  Mourning ;  and   the  faid 
Jofeph  Lane  apprehending  that  he  had  (after  the  Conveyance  by  the  faid  John  Lane 
executed)  an  abfolute  Eftate,  in  Fee-Simple,  to  the  faid  Lands  fo  conveyed  by  the 
faid  John  Lane,  agreed  to  lell  me  lame  to  Blake  Baker,  for  the  Confideration  of 
Five  Hundred  i-ounds,  and  executed  Deeds  of  Conveyance  for  the  fame  to  the  faid 
Blake  Baker.     And  alio  whereas  the  faid  John  Lane  is  feized,  in  Fee-Simple,  of 
and  into,  one  certain  Trad  or  Parcel  of  Land,  containing,    by  Eftimation     Six 
Hundred  and  Eighty  Three  Acres,  lying  and  being  in  the  Parifli  of  Edgcomb,  in 
the  County  of  Halifax,  lately  purchafed  by  him  of  Jofeph  Lane  by  Deed  of  FeeofT- 
ment :  And  alio,    whereas  it  will  be  greatly  to  the  Advantage  of  the  eldefl  Son  of 
the  faid  John  Lane,    to  dock   the  Entail  of  the  faid  Lands  fo  limited  to  the  laid 
Patience  his   Mother,  whereby  the  faid  John  may  be  enabled  to  provide  for  his 
yjunger  Children,  and  to  fetde  the  other  Parcel  of  Land  purchafed  oi  Jofeph  Lane 
as  aforefaid,  whereof  he  is  feized  in  Fee-Simple,  to  the  fame  Ufes  :  And  forafmuch 
as  Notice  has  been  publilhcd  Three  Sundays  fuccefTively  in  the  feveral  Churches  and 
Chapels  in  the  laid  Parifh  of  Edgcomb,  in  the  County  of  Halifax,  that  Application 
•would  be  made  to  this  prefent  General  Affembly,  to  dock  the  Entail  of  the  fiid 
Dividend  of  Land  fo  limited  to  the  faid  Patience,  upon  fettling  the  other  Lands  to 
the  fame  Ufes,  purfuant  to  your  Majelly's  Inftruflions : 

II.  MAY  it  therefore  plcafe  your  moft  Excellent  Majefly,  at  the  humble  Suit  "^^^^^  ^^a^^  Ut 
of  the  faid  John  Lane,  and  the  faid  Blake  Baker,  that  it  may  be  Enafted,  Attd  be  it  ^''''"  ^'''"* 
Ena::ed  by  the  Governor,  Council,  and  Affembly,  and  by  the  /htthcrity  of  the  fame.  That 
the  faid  Lands  fo  limited  as  aforefaid  to  the  faid  Patience  Lane,  fo  as  aforefaid, 
agreed  to  be  fold  to  the  faid  Jofeph  Lane,  and  by  him  to  the  faid  Blake  Baker,  be, 
and  are  hereby  vefled  in  the  laid  Blake  Baker,  his  Heirs  and  AfTigns,  in  Fee-Simple, 
to  the  only  proper  Ufe  and  Behoof  of  the  faid  Blake  Baker,  his  Heirs  and  AfTigns, 
for  ever.  And  that  the  other  Parcel  of  Land  herein  before  mentioned  to  be  pur- 
chafed by  the  faid  John  Lane,  lying  and  being  in  the  County  of  Halifax,  be,  and  SJi'^f''^  '" 
is  hereby  vefled  in  the  faid  John  Lane,  in  the  fam.e  Manner  as  is  by  the  faid  Will 
direfted  for  the  other  Lands  fo  limited  to  the  faid  Patience  ;  and  the  fame  fhall 
remain,  go,  and  defcend,  to  all  and  every  fuch  Perfon  and  Perfons,  and  for  fuch 
Eftate  or  Eftates,  and  in  fuch  Manner  and  Form,  as  the  faid  Land  fo  limited  to  the 
faid  Patience  would  have  remained,  gone,  and  dcfcended,  by  Virtue  of  any  Limita- 
tions in  the  Will  of  the  faid  Barnaby  M'-Kinney  before  mentioned,  as  if  this  Aft  had 
never  been  made  :  Saving  to  the  King's  moft  excellent  Majefty,  his  Heirs  and  Suc- 
pelTors,  and  to  all  and  every  other  Perfon  and  Perfon?,  Bodies,  Politic,  find  Corpo- 

M  m  rate^ 


274  LAWS    of    North-Carolina. 

ji.  D.   1761.    rate,  their  refpeftive  Heirs  and  Succeflbrs,  other  than  the  Perfons  claiming  under 
^  '~v~'^     tlie  Will  aforefaid,  of  the  faid  Barnaby  M^Kinney^  all  fuch  Right,  Title,  Intertft, 
Claim,  and  Demand,  as  they,  every,  or  any  of  them,  fhould  or  might  claim,  if 
this  Ad  had  never  been  made. 

III.  AND  alfo,  whereas  the  faid  Barnaby  M-Kinney,  by  his  laft  Will  and  Tef- 
tament  as  aforefaid,  devifed  to  his  Daughter  Chrijlian  M'-Kinney^  and  the  Heirs  of 
her  Body  lawfully  begotten,  and  to  their  Heirs  for  ever.  Three-  Hundred  and 
Twenty  Acres  of  Land,  more  or  lefs,  being  the  Plantation  leafed  to  Doftor  James 
Tbompfony  known  by  the  Name  of  the  Walnut  Fort;  and  Two  Hundred  and  Fifty 
Acres,  more  or  lefs,  including  the  Plantation  where  James  Denfon  lived  ;  and  all 
the  Lands  between  the  Cyprefs  Gut  and  Ifaac  Reek's  Line,  and  the  Biack  Pond  ;  and 
the  faid  Chrijlian  intermarried  with  William  Hurjl,  late  of  Ha  if  ax  County,  by  whom 
flie  had  llTue  Mary^  her  only  Child  and  Heir  ;  and  fome  Time  after  the  Death  of 
the  faid  Barnaby  M'-Kinney,  the  hid^CiriJiian  departed  this  Life,  leaving  IfTue  the 
faid  Mary,  who  is  intitled  to  the  aforefaid  Two  Trads  or  Parcels  of  Land  fo  devif- 
ed to  the  faid  Chrijlian  her  Mother  •,  and  apprehending  that  flie  the  faid  Mary  had 
a  Fee-Simple  Fftate  therein,  and  in  Order  to  purchafe  other  Lands  and  Slaves  of 
•    ,  greater  Value  than  the  aforefaid  Two  Trafts  of  Land,  to  advance  her  Fortune  and 

Interefl:,  agreed  to  fell  the  fame  to  Blake  Baker,  for  the  Confideration  of  Five  Hun- 
dred Pounds :  And  whereas  the  faid  Mary  is  feized,  in  Fee-Simple,  of  and  into  one 
Tra6t  of  Land,  containing  by  Eftimation  Two  Hundred  and  Seventy  Five  Acres, 
lying  and  being  in  the  County  of  Halifax,  conveyed  to  William  Hurjl,  Father  of  the 
faid  Mary,  by  Benjamin  Sherrod  and  Patience  his  Wife,  and  by  Deed  of  Gift,  con- 
veyed to  the  faid  Mary  by  the  faid  William  Hurjl,  her  Father  -,  and  alfo.  Two 
Hundred  Acres,  lying  and  being  in  Northampton  County,  purchafed  of  B aid  Patrick 
and  Agnis  his  Wife,  by  the  aforefaid  William  Hurjl,  and  by  him  conveyed  to  the  faid 
Mary  by  Deed  of  Gift :  And  whereas  it  will  be  greatly  to  the  Advantage  of  the 
faid  Mary  to  dock  the  Entail  of  the  faid  Two  Trads  of  Land  fo  devifed  to  the 
faid  Chrijlian  her  Mother,  and  to  fettle  the  other  Parcels  of  Land  whereof  the  faid 
Mary  is  feized,  in  Fee-Simple,  being  of  greater  Value,  to  the  fame  Ufes :  And 
forafmuch  as  Notice  has  been  publilhed  Three  Sundays  fucceffively,  at  the  Churches 
and  Chapels  in  the  Parifli  of  Edgcomb,  in  the  County  of  Halifax,  that  Application 
would  be  made  to  this  prefent  General  AlTembly  to  dock  the  Entail  of  the  aforefaid 
Two  Trafts  or  Parcels  of  Land  fo  devifed  to  the  faid  Chrijlian,  upon  fettling  the 
other  Lands  of  greater  Value  to.  the  fame  Ufes,  purfuant  to  your  Majefty's  In- 
ftrudions ; 

K  B^l^/and  I^-  MAY  it  therefore  pleafe  your  moft  Excellent  Majefty,  at  the  humble  Suit 
Mary  Huirt.  of  the  aforctaid  Mary  Hurjl  and  the  faid  Blake  Baker,  that  it  may  be  Enaded,  And 
be  it  Enacted  by  the  Governor,  Council,  and  Ajfembly,  and  by  the  Authority  of  the  fame ^ 
That  the  Two  Trads  or  Parcels  of  Land  fo  devifed  as  aforefaid  to  the  laid  Chrijlian, 
fo  as  aforefaid  agreed  to  be  fold  to  the  fiid  Blake  Baker,  be,  and  are  hereby  veiled 
in  the  faid  Blake  Baker,  his  Heirs  and  Afligns,  in  Fee-Simple,  to  the  only  proper 
Ufe  and  Behoof  of  the  faid  Blake  Baker,  his  Heirs  and  AfTigns,  for  ever  ;  and  that 
the  aforefaid  Two  Hundred  Acres  of  Land  herein  before  mentioned,  lying  and 
being  in  Northampton  County,  conveyed  to  the  faid  Mary  by  Deed  of  Gilt  as  afore- 
faid, be,  and  is  hereby  veiled  in  the  faid  Mary  Hurjl,  in  the  fame  Manner  as  is  by 
the  faid  Will  direded  for  the  other  Lands  fo  deviled  to  the  faid  Chrijlian  in  Lieu 
and  Stead  of  the  aforefaid  Three  Hundred  and  Twenty  Acres  of  Land  io  deviled  as 
aforefaid  -,  and  that  the  aforefaid  Two  Hundred  and  Seventy-five  Acres  before 
mentioned,  lying  and  being  in  the  County  of  Halijax,  conveyed  to  the  aforefaid  71/^- 
ry  by  William  Hurjl,  her  Father,  as  aforefaid,  be,  and  is  hereby  veiled  in  the  laid 
Mary  Hurjl,  in  the  fame  Manner  as  is  by  the  faid  Will  direded  for  the  other  Lands 
fo  devifed  to  the  laid  Chrijlian,  in  Lieu  and  Stead  of  the  aforefaid  Two  Hundred 
and  Fifty  Acres  of  Land  fo  devifed  as  aforefaid,  commonly  called  the  Callidunia 
Plantation  :  And  the  aforefaid  Two  Trads  or  Parcels  of  Land,  fo  conveyed  as 
aforefaid  to  tht  faid  Mary,  fliall  remain,  go,  and  dcfcend,  to  all  and  every  luch 

PerfoQ 


L  A  JV  S    of    North-Carolina. 


2*7? 


Perfon  and  Perfons,  and  for  llich  Efrate  or  Eftates,  and  in  fuch  Manner  and  Form  ■^-  -O.  1761* 
as  the  aforefaid  Two  Tradls  or  Parcels  of  Land  fo  devifed  to  the  faid  Ckriftian  fevc- 
rally  would  have  remained,  gone,  and  defcended,  by  Virtue  of  any  Devifc  or  Limi- 
tation in  the  Will  of  the  faid  Barnaby  M'Kinney  before  mentioned,  as  if  this  A6t  had 
never  been  made  :  Saving  to  the  King's  mod  excellent  Majefty,  his  Heirs  and  Suc- 
ceflbrs,  and  to  all  and  every  other  Perfon  or  Perfons,  Bodies,  Politick  and  Corpo- 
rate, their  refpeftive  Heirs  and  Succcffors,  other  than  the  Perfons  claiming  under 
the  Will  of  the  {a\A  Barnaby  M'A'w^^j  as  aforefaid  ;  or  otherwife,  all  fuch'^Uidit, 
Title,  Intereft,  Claim,  and  Demand,  as  they,  every,  or  any  of  them,  fhould  or 
might  claim  if  this  Aft  had  never  been  made.  Provided  always.  That  this  A6t,  or 
any  Tiling  herein  contained,  fhall  not  take  Efieft,  or  be  in  Force,  until  his  Majefty's 
Approbation  be  had  to  the  fame. 

SIGNED     by 

Arthur  Dobbs,  Efq;  Governorj 

James  Hafel\  Prefident. 
Samuel  Swamjy  Speaker, 
Read  TJree  'fimes,  c^nd  ratified  in  oten  AJfembly,  1 
the  i^d  Day  of  April,   1 7  6 1 .  i 


Um^  ANNO 


276  LAWS    of    North-Carolina. 


Jl.  D.    1762. 


S   4H>   •$-•$•  -^^   -^"^   -^-^  '^•^  "^-  -^"^   -^^4*  ^'**  '^'^  '^^'^  4*'^    *: 
f   4^-fy   ^4f,   ^^  ^H^  ^-^  ^^   4-  •^;^-5^  -5?.-^  ^^^   '^^^  ♦*"$•   4"iii'   ^ 

ANNO      REGNI 

G    E    O    R    G    I    I      III. 

REGIS, 

MAGNiE    BRITANNIiE,    FRANCIS,    &   H  I  B  E  R  N  I  ^E, 

T     E     R     T     I     O. 


ARTHUR    At  an  ASSEMBLY,    begun  and  held  at  Newbern,   the  Third  Day 

DOBBS.Efq; 

Governor.  q£  JSlovember,    in  the  Third  Year  of  the  Reign  of  our  Sovereign  Lord 

G  E  0  22  G  E  the  Third,  by  the  Grace  of  God,  ofGreaf-Brifain,  France, 
and  Ireland^  King,  Defender  of  the  Faith,  &c.  and  in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Sixty  Two  j  being  the  Firil 
Seflion  of  this  prefent  Afiembly. 

CHAP.     L 

Re  enaa-d  i,y       An  AlI  foY  dividing  tUs  Province  into  Five  feverd  Bijlriols,  and  for  eJlahHJJoing  a  Su- 
Aa  176S,  Chap.        pgyi()jr  Court  of  Jujlice  in  each  of  the  [aid  Dijtritts^   and  regulating  the  Proceedings 

therein. 

CHAP.     IL 

s^e  Afls  oaobrr    An  Act  to  cjlaUiflj  Inferior  Courts  of  Pleas  and  ^tarter  SeJJions  in  the  fevei-al  Counties  in 
^764,  Chap,  2.  fj^-^  Province. 

1768,    Chap,  a. 

Preamble.  l.  T  T  7  H  E  R  E  A  S  the  Eftablifliment  of  Inferior  Courts  for  the  Trial  of  Caufes, 

Y  Y  ^"^d  punifhing  Offenders,  under  proper  Limitations  and  Reftriftions, 
would  be  of  great  Service,  and  general  Utility,  in  the  feveral  Counties  within  this 
Province : 

Inferior  Courts  J  I.  BE  it  therefore  Enabled,  by  the  Governor,  Council.,  and  Afjcmhly.,  and  hy  the 
Authority  of  the  fame.,  That  in  every  County  of  this  Province,  a  Court  quarterly  in 
every  Year  fliall  be  held  by  the  Juftices  thereof  at  the  feveral  refpeftive  Places  al- 
ready alTigned  for  that  Purpofe,  or  at  fuch  Place  or  Places  as  Ihall  be  hereafter  law- 
fully appointed,  upon  the  Days  herein  after  limited  for  each  County  refpedively  ; 
which  Courts  ftiall  be  called  Inferior  Courts  of  Pleas  and  Qiiarter  Sellions,  and 
taken  and  held  to  be  Courts  of  Record. 

III.  AND 


iftjUiih.d, 


L  j^  M""  S    of    North-Carolina.  277 


III.  AND  he  it  further  E;:a5]ed,_  That  every  Perfon  nominated  and  appointed  //.  D.    jy6z. 
a  Jultice  of  any  Inferior  Court,    before  his  entering  upon   and  executing  the  laid  j^^^TT'T — ' 
OiBce,  iliall  pubhcly  in  the  Court-Houfe  of  his  County,  on  a  Court  Day,  take  the  theolths'rf  Co* 
Oaths  appointed,  or  which  fliall  be  appointed,  to  be  taken  by  A61  of  Parhament  '""™=='^ 

for  the  Qtialification  of  Public  Officers,  repeat  and  fublcribe  liie  Teit,  and  Ihall 
alfo  take  the  following  Oath,  to  -ivit, 

I  A.  B.  do  fivear^  That  as  a  Jttftice  of  Peace  in  the  County  of  in  all  Articles    Aph  theOathof 

/;;  the  Comniijfion  to  -me  directed,  I  %::i!l  do  eq:al  Right  and  fufiice  to  the  Pocr  and  to  ""* 

the  Rich,  after  my  Cunninj,  IFit,  and  Pozver,  and  according  to  Law  ;  and  I  zcill  not 
be  of  Council  in  any  'sluarrel  hanging  before  me;  I  will  not  let  t  for  Gift  or  other  Caufe, 
hut  'well  and  truly  I  •n.-ill  do  my  Ojfice  of  a  J  if  lice  of  the  Peace,  as  ivell  within  the  Infe- 
rior Court  of  Pleas  and  garter  Sejficns  of  the  faid  County  as  ivithout ;  and  I  zvi '/  not 
take  any  Fee,  Gift,  or  Gratuity,  for  any  Thing  to  be  done  by  Virtue  of  'my  Office  ;  and  I 
will  not  dire."!,  cr  caufe  to  be  directed,  any  Warrant  by  me  to  be  made  to  tie  Parties,  but 
J  will  direct  them  to  the  Sheriff  or  Conftable  of  the  County,  or  other  the  King's  Officers  or 
Minifiers,  or  other  indijfferent  Perfon,  to  do  Execution  thereof. 

SO  HELP  ME  GOD. 

And  if  any  Perfon  whatfoever  fhall  prefume  to  execute  the  Office  of  a  Juftice  of  O"  P^n.  of  looj.. 
any  Inferior  Court,  without  firfl  qualifying  himfelf  in  the  Manner  bv'  this  Ad  beibre 
required,  he  ffiall,  for  every  fuch  Offence,  forfeit  and  pay  One  Hundred  Pounds, 
Proclaajation  Money ;  one  Moiety  to  his  Majtfty,  his  Heirs  and  Succeflbrs,  to- 
wards the  Support  of  this  Government,  and  the  other  Moiety  to  the  Inlormer :  To 
be  recovered  with  Cofts,  by  Action  of  Debt,  in  any  Court  wherein  the  fame  js 
cognizable,  (a)  . 

IV.  A  ND  be  it  further  Ena.^ed,  by  the  Authority  aforefaid.  That  tlie  faid  Inferior   ^rts.  wh;n  held. 
Courts  of  Pleas  and  Quarter  Seffions  Ihali  be  conllantly  held  upon  the  Days  here- 
after fpecified  for  every  County  refpeftively,  that  is  to  fay  :  For  the  County  of  Per- 
quimans, on  the  Third  Monday  in  January,  April,  July,  and  October ;   /Injcyi,  on  the 
Vowi\A\Tiiefday\x\  January,  April,  July,  and  October :  And  every  Adjournment  fliall 

be  to  the  next  fucceeding  Court  in  Courle,  and  not  otherv^'ife. 

V.  PR  0  FID  E  D  neverthchfs,  That  if  the  Bufinefs  of  any  of  the  faid  Courts  ^^nd  how  long  to 
cannot  be  determined  on  the  Court  Day,    the  Juftices  may  adjourn  from  Day  to 

Day,  not  exceeding  Five  Days ;  at  the  End  of  which  Time,  if  the  Caufes  and 
Matters  depending  before  them  fliall  not  be  finally  determined,  or  otherwife  conti- 
nued in  the  Manner  herein  after  direded,  the  fame  fliall  be  continued  to  the  next 
fuccee  .ing  Court. 

VI.  PROVIDED  alfo,  That  if  through  Sicknefs  or  other  Inabilitv,  Badnefs  X;^''^,^:]; 
of  Weather  or  other  Accident,  it  ihall  fo  happen  that  a  ilifF.cient  Number  of  Juftices  to  Day,  nut  cx- 
fhall  not  meet  for  holding  the  faid  Courts  on  the  Days  herein  before  appointed,  in  '^'"'^  '"^  ■*  '^'* 
fuch  Cafe  it  iliall  and  may  be  lawful  for  any  one  Juftice  to  adjourn  the  Court  whereof 

he  fl-iall  be  a  Member  from  Day  to  Day,  not  exceeding  Three  Pays,  until  a  fuffi- 
cient  Number  of  Juftices  can  attend  to  hold  Court. 

VII.  AND  be  it  further  Ena^^ed,  by  the  Authority  aforefaid.  That  none  of  tlie  Courts,  rr  Pro- 
faid  Courts,  or  Procefs  in  any  of  them  depending,  fliall  be  difcontinued  for  or  by  to 'fae"diicoT.tir*. 
Reafon  of  the  Juftices  failing  to  hold  Court  upon  the  Day  by  Law  appointed,   or  '•''• 

of  any  Alteration  of  any  of  the  laid  Days  appointed  for  holding  the  faid  Courts  j 
but  in  every  fuch  Cafe  all  fuch  Procefs,  Matters,  and  Tliirgs  depending,  lliall  fland 
continued,  and  all  Appearances  upon  Returns  of  Procefs  fliall  be  made  to  the  next 
fucceeding  Court  in  Courfe,  in  the  fame  Manner  as  if  fuch  fucceeding  Court  had 
been  the  fame  Court  to  which  fuch  Procefs  flood  continued,  or  fuch  Returns  or 
Appearances  had  been  made ;  and  all  Recognizances,  Bonds,  and  Obligations  for 

Appearances, 

(a)  Tlie  j.th  Ciaufe,  appointing  the  Court  D.n  s,  except  tiie  Counties  q{  Perquimans  and  Anfcrtf 
altered,  by  Adr  October  1764,  Chap.  2,  and  1768,  Ciiap.  2. 


278  LAWS    of    North-Carolina. 

A.  D.   \j6z.   Appearances,  and  all  Returns,  fhall  be  of  the  fame  Force  and  Validity  for  the  Ap- 
^^""-v^^     pearance  of  any  Perfon  or  Perlons  at  fuch  fucceeding  Court,  and  all  Summons  tor 
Witnefles  as  effectual,  as  if  the  next  fucceeding  Court  had  been  exprefsly  mention- 
ed therein. 

juftices  I'ower.  VIII.     AND  be  it  further  Enabled,  hy  the  Authority  aforefc.id^  That  the  Juflices 

of  the  faid  Inferior  Courts  of  Pleas  and  Quarter  ScfTions,  or  any  Three  of  them, 
fhall  and  may  take  Cognizance  of,    and  are  hereby  declared  to  have  full  Power, 
Authority,    and  Jurifdidtion,    to  hear  and  determine  all  Caufes  whatfoever  at  the 
Common  Law,    within  their  refpe6tive  Counties,  where  the  Debt,    Damages,  and 
t^..r'ait/rrd'^^"b'    Caufe  of  Adion,  is  above  Forty  Shillings,  Proclamation  Money,  and  fhall  not  ex- 
Aa  Dc.  iV-o,    ceed  Twenty  Pounds  like  Money   (Adions  of  Trefpafs  in  Ejcdment,    Formedon 
Chap.  43.  jj^  Decender,    Remainder,    and  Reverter,    Perjury  and  Felony,  and  fuch  Criminal 

Caufes  where  the  Judgment,  upon  Convidion,  fhall  be  for  the  Lofs  of  Life  or 
Member,  excepted)  and  all  Petit  Larcenies,  Aflaults,  Batteries,  and  TrefpalTes, 
other  than  fuch  TrefpalTes  wherein  the  Title  of  the  Freehold  fhall  or  may  come  in 
Q^ieftion,  Breaches  of  the  Peace,  and  other  Mifdemeanors  oi  what  Kind  foever,  of 
an  Inferior  Nature;  and  all  filial  Portions  and  Legacies,  and  Diftributions  of  In- 
teftates  Eftates,  and  other  Matters  thereto  relating,  for  any  Sum  or  Sums  not  ex- 
ceeding Twenty  Pounds,  Proclamation  Money  :  And  the  laid  Juflices  of  the  Peace, 
and  every  of  them,  at  all  Times  during  their  Continuance  in  that  Office,  as  well 
within  their  Inferior  Courts  of  Pleas  and  Qtiarter  Seffions  as  without,  fliiill  have  full 
Power  and  Authority,  as  amply  and  as  fully,  to  all  Intents  and  Purpofes,  as  the 
Juflices  of  the  Peace  in  the  Counties  of  England^  to  preferve,  maintain,  and  keep 
the  Peace  within  their  refpeftive  Counties. 

conrts  p  .wr^r  to  jx.  A  ND  k  jt  further  Enaued^  by  the  Authority  aforefaid.  That  tlic  faid  Inferior 
vviUs. '''  '^^  °  Courts  refpedively  fliall  and  may,  by  Summons  or  other  legal  Procefs,  upon  Ap- 
plication to  them  made,  compell  any  Perlbn  or  Perlons  whatfoever,  having  in  their 
PofTefTion  any  Will  or  Teflament  of  any  deceafed  Perfon,  to  exhibit  the  fame  to  the 
Court,  in  Order  to  a  legal  Probation  thereof;  and  alfo  to  receive  the  Probate  of 
Wills,  and  order  the  fume  to  be  recorded ;  and  make  Orders  for  ifluing  Letters 
TellamiCntary,  and  Letters  of  Adminiftration  ;  and  the  Clerk  fliall  and  may  take 
Two  Shillings  and  Eight  Pence  fur  recording  each  Will. 


jvovifo,  where  X.  PROFID  E D  alivoys.  That  any  Perfon  who  hath  a  Right  to  execute  any 
Caviars  are  en-  yy-j]}^  qj.  ^q  adminiftcr  thc  Eflate  of  any  Inteflate,  who  fliall  think  himfelf  injured 
by  fuch  Order,  inay  enter  a  Caveat  in  the  Court  wherein  luch  Order  fhall  be  made 
againft  the  Perfon  obtaining  the  fime ;  and  the  Secretary,  and  his  Deputy,  fhall 
forbear  to  feal  and  counterfign  Letters  Teftamentary,  or  of  Adminiftration,  till  the 
Matter  in  Coiitroverfy  fliall  be  re-heard  and  determined  before  the  Governor,  or 
Commander  in  Chief  for  the  Time  being,  and  Council. 

c!"r'cs  to  give  XI.  AND  be  it  further  Enabled,  ly  the  Authority  aforefaid.  That  the  Clerk  of 
the  Picas  for  the  Time  being  fliall,  for  the  future,  nominate  and  appoint  fkiliful 
and  difcreet  Perfons  to  ferve  as  Clerks  for  the  feveral  Courts  hereby  eftablifhed  ; 
which  faid  Clerks  fliall,  upon  fuch  Nomination  and  Appointment,  hold  and  enjoy 
their  Offices  during  their  good  Behaviour  therein  :  And  each  of  the  faid  Clerks  fhall 
give  Bond  to  the  Juftices  of  their  refpeftive  Courts,  with  Two  iufficient  Securities, 
in  the  Penalty  of  One  Thoufand  Pounds,  for  the  Safe-keeping  the  Records,  and 
the  faithful  Difcharge  of  his  Duty  in  his  faid  Office;  which  faid  Bond  ffiall  be  re- 
corded, and  lodged  in  the  Secretary's  Office  ;  and  in  Cafe  of  a  Breach  of  the  Condi- 
tion thereof,  may  be  put  in  Suit,  for  the  Benefit  of,  and  at  the  proper  Coft  and 
Charges  of  the  Party  or  Parties  injured,  and  fliall  not  become  void  upon  the  firfl 
Recovery,  or  if  Judgment  be  given  againfb  the  faid  Juftices,  but  may,  from  Time 
to  Time,  be  put  in  Suit,  by  Adion  of  Debt,  or  ScireFacias,  until  the  whale  Penalty 
fliall  be  recovered  :  And  when  any  Judgment  fhall  be  obtained  upon  fuch  Bond,  the 
Damages  afTciTcd  fliall,  by  Order  of  the  Court,  be  paid  to  the  Peribn  or  Perlcns  in- 
jured. XII.  PROVIDED 


LAWS    of    North-Carolina. 


2/9 


Jufiices  Fewer  o« 
ver  I  hem. 


tjke 


XII.  PR  0  VIDED  always^  That  nothing  herein  contained  (hall  be  conftrued    ^.  D.   1762 
to  lellen  or  take  away  the  Power  of  the  Juftices  of  the  faid  Courts  over  the  Clerks 
thereof,  any  Thing  herein  contained,  to  the  contrary,  notwithltandino-. 

XIII.  AND  be  It  further  EnaSfed,  by  the  Authority  af ore/aid.  That  every  Perfon    ^^''^^  '" 
nominated  and  appointed  Clerk  of  any  Inierior  Court,  before  his  entering  upon,  and    ""  "■"'"' 
executing  the  faid  Office,  fhall  take  the  Oaths  by  Law  appointed  for  the  Qualifica- 
tion of  Public  Officers,  repeat  and  fubfcribe  the  Tcft,  and  aifo  take  the  foUowino- 
Oath,  to  wit, 

I  A.  B.  do  f wear ^  I  will  well  and  truly  execute  the  Office  of  Clerk  of  the  Inferior  Court 
of  Pleas  and  ^tarter  Sejfions  for  the  County  of  according  to  the  beft  of  my 

Skill  and  Ability.  SO  HELP  ME  GOU. 

XIV.  AND  for  the  better  Prefervation  of  WilJs,  Be  it  further  Enarled,  by  the  wills 
Authority  aforefaid^  That  all  original  Wills  fliall  remain  in  the  Clerk's  Office  atiiono- 
the  Records  of  the  refpedive  Counties  where  they  fhall  be  proved,  whertunto  any 
Perfon  may  have  Recourfe  as  to  the  other  Records,  except  for  the  Time  ihe  lame 
fhall  or  may  be  removed  before  any  other  Court,  upon  tnc  Determination  of  any 
Controvcrfy. 

XV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Clerk  of  cie.ks  to  tranr- 
every  Inferior  Court  atorelaid,  in  tne  Month  of  Oaobcr  annually,  ihall  return  to  the  "'"  "^ "'  "^^'"^ 
Secretary's  Office  a  Lift  of  all  Certificates  for  obtaining  Probates  or  Aciminiftraticns  creurj-Toffict!' 
granted  by  their  re;pc6live  Courts  from  Time  to  Time,  containing  the  Names  of 

the  Teftators  or  Inteftates,  their  Executors  or  Adminiftrators,  and  the  Names  of 
the  Securities ;  which  Lifts  the  Secretary  is  hereby  required  to  caufe  to  be  recorded 
in  his  Office  alphabetically  in  Books  lor  that  I-'urpole,  and  ffiall  and  may  take  and 
receive  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  for  every  lucl 
therein-mentioned. 


to  rema?n 

he     Clevk's 
Office. 


every  luch  Order 


Rencies      uf     the 


XVI.     ANB  be  it  further  EnaBed,  by  the  Authority  aforefaid.    That  the  At-    Attorney  c-ne- 
torney  General  is   hereby  authorized  and  required  to  appoint  a  Deputy  in  each    "'  "  ^'''"''"'  * 
County  within  this  Province ;  which  faid  Deputy  ffiall  and  may  profecute  all  Mat-    CoumJ.'"  ""' 
ters  cognizable  in  the  Inferior  Court  of  Pleas  and  Quarter  Seffions  for  and  in  Behalf 
of  his  Majcfty,  and  ffiail  take  and  receive  Thirteen  Shillings  and  Four  Pence,  Pro- 
clamation Money,    on  each  and  every  Bill  of  Indidlment'' found,    or  Prefentmenc 
made,  in  the  faid  Court  in  which  he  or  his  Deputy  ffiall  be. 

_  XVII.     AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  the  faid  Infe-    Co«rt,  to  i.,y  a 
rior  Courts  of  Pleas  and  Qtiarter  Seffions  rel'pedively  ffiall,  and  they  are  hereby    '^;'i^7  ^  """' 
authorized  and  impowcreJ,  annually,  between  the  Firft  Day  of  May  and  the  Firft    Coumy. 
Day  of  November,  to  aflefs  and  lay  luch  Tax  on  the  taxable  Perfons  in  their  relpec- 
tive  Counties,  as  ffiall  be  fufficient  to  defray  the  contingent  Charges  of  the  fame; 
which  Tax  ffiall  be  colleded  by  the  Sheriff,  and  paid  and  accounted  lor  in  the  fame 
Manner  as  Public  and  Pariffi  Taxes  are  or  ffiall  be  by  Law  direifted,  and  by  him 
accounted  for  and  paid  to  the  Court,  or  their  Order,  (b)  (c) 

XX. 

the  Peace 

being  made  by  any  Perfon  or  Perlons  lor  any  Matter  or  Thing,  Debt  or  Damac^e, 
cognizable  in  the  Inierior  Courts  of  Pleas  and  Qiiarter  Seffions  of  this  Province,  °to 
grant  an  original  Attachment  againft  the  Eftate  of  any  Perfon  abfconding  or  con- 

cealins: 


AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  any  Juftice  of  Attachment  re- 
t  ffiall  and  may  have  Power,    and  is  hereby  authorized,    upon  Comi^laint    """'''^'  '"  ^"- 


(b)  Tht;  latter  Part  of  the  17th,    and  the  whole  18th  Claufe,   provided  for,    by  Aft  Dec    17-0 
Chaj;.  43.  •  ]  '     I,    , 

(c)  Seaion  ic,  relating  to  Attachments,  provided  for,  by  A61  Dec.  1770,  Chap.  43. 


28o  LAWS    oj    North-Carolina. 

J.  D.  1762.  cealing,  and  removing  himfelf  out  of  the  County,  returnable  to  fuch  Court,  ob- 
^-^■V— ^  ferving  therein  the  Rules  and  Reftridtions  direfted  for  granting  original  Attachments 
returnable  to  the  Superior  Courts  of  Juftice ;  and  all  Sheriffs,  and  other  Officers, 
fhall  execute  and  return  the  fame,  and  obferve  the  Rules  ana  Diredions  appointed  to 
be  obferved  in  executing  Attachments  returnable  to  the  Superior  Court  •,  and  the 
like  Judgment,  Recovery,  Relief,  Remedy,  and  Proceedings,  fliall  be  had  there- 
upon, as  in  the  like  Cafes  is  grantable  in  the  faid  Superior  Courts. 

Procefs  h"w  if-  XXI.  AND  bc  tt  fuTther  Enacted,  by  the  Authority  aforefaid.  That  all  original 
fuea  &  rauined.  pj-Q^efs  by  Writ,  Summons,  Petition,  or  any  other  Manner  or  Means,  and  all 
fubfequent  Procefs  thereupon,  to  bring  any  Perfon  or  Perfons  to  anlwer  to  any 
Aftion,  Suit,  Bill,  Information,  or  Plaint,  in  any  Inferior  Court  of  Pleas  and 
Quarter  Seffions  (except  Subpoenas  to  fummon  Evidences,  which  may  be  made 
returnable  immediately)  Ihall  be  ifllied  and  bear  1  eft  by  the  Clerk  of  every  Inferior 
Court  of  Pleas  and  Quarter  Seffions  relpcftively,  and  ftiall  be  returnable  on  the 
Firft  Day  of  the  Sitting  of  the  Court,  and  fhall  be  executed  at  leaft  Five  Days 
before  the  Return  thereof;  and  if  any  Perlon  iffues  any  Writ  or  Proceis  whilft  iuch 
Court  is  fitting,  or  within  Five  Days  before  the  Beginning  of  the  Court,  fuch  Writ 
or  Proceis  Oiall  be  returnable  to  the  Court  next  after  that  then  fitting,  or  beginning 
to  fit,  v/ithin  Five  Days  as  aforefaid,  and  not  otherwile  :  And  all  Writs  and  Proceis 
ilTued,  made  returnable,  or  executed,  in  any  other  Manner,  or  at  any  other  Time, 
than  is  herein  before  direfted,  may  be  abated,  upon  the  Plea  of  the  Dciendant. 

provifn,  in Cri-  XXII.  PRO  VI D E D  alwoys.  That  nothing  herein  contained  ffiall  extend,  or 
minai  Cafes.  bc  confttued  to  invalidate  or  vacate  any  Writ,  Procefs,  Warrant,  or  Precept,  iffi.]cd 
by  any  Juftice  of  the  Inferior  Courts  of  Pleas  and  Quarter  Seffions  on  any  criminal 
Profecution,  or  in  his  Majefty's  Behalf,  but  the  lame  may  be  returnable  on  any 
Day  in  the  Sitting  of  the  Court ;  and  the  Proceedings  in  all  criminal  Cafes  fliall  be 
had  according  to  the  Laws  and  Statutes  of  Great  Britain  and  this  Province ;  any 
Thing  herein  contained,  to  the  contrary,  noLwithftanding. 

Proceed,  whore  XXIII.  AND  be  tt  furthcr  EnaSIed,  by  the  Authority  aforefaid.  That  when  any 
ihe'sheiifFTnCi"  WVit  or  Procefs  fhall  iffiie  to  take  the  Body  of  any  Perfon  or  Perfons  to  anfwer 
Ml  Cafes,  yj^(.Q  gpy  Plaintiff  in  any  civil  Aftion  in  any  Inferior  Court  of  Pleas  and  Qviarter 

Seffions,  the  Sheriff  fhall  return  therewith  a  Bond,  with  Two  fufficient  Securities, 
for  double  the  Sum  for  which  the  Perfon  fhall  be  held  in  Arreft  (Executors,  Ad- 
miniftrator?,  and  Perfons  fued  on  Penal  Statutes,  excepted)  to  the  Clerk,  on  or 
before  the  Firft  Day  of  every  Court;  and  if  the  Sheriff  fhall  not  return  Bail,  or 
the  Bail  fo  returned  fhall  be  found  infufficient,  upon  Exception  taken  thereto,  then, 
and  in  fuch  Cafe,  the  Sheriff  fhall  be  taken  and  ftand  Bail  for  the  Defendant,  and 
the  Plaintiff  may  proceed  in  his  Suit  to  Judgment  according  to  the  Rules  hereafter 
mentioned,  and  on  Judgment,  or  Recovery,  may  take  out  Execution  againft  the 
Defendant  or  Sheriff,  or  both ;  any  Law,  Ul'age,  or  Cuftom,  to  the  contrary, 
notwithftanding.  Provided  always.  That  if  the  Defendant  puts  in  Bail  before  the 
Time  to  plead  given  him  by  the  Rules  hereafter  mentioned  is  expired,  then  the 
Sheriff  fhall  be  difcharged.  Provided  aljo.  That  the  Sheriff  may  lurrender  the  De- 
fendant in  Difcharge  of  himfelf  at  any  Time  before  final  Judgment  obtained  againft 
the  Defendant. 

E.T-,tnn  to  if.  XXIV.  A N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  any 
ty!  'V"/r  jadg'  Judgment  or  Decree  fhall  be  obtained  in  any  Inferior  Court  of  Pleas  and  Quarter 
"'"'•  Seffions,  for  any  Debt,  Damages,  Portion,  or  Legacy,  or  Proportion  of  any  In- 

teftates  F.ftate,  and  the  Perfon  againft  whom  fuch  Decree  fhall  be  obtained  fhall 
remove  him  or  herfelf  and  Effefts,  or  fjiall  refide  out  of  the  Limits  of  the  Jurif- 
diclion  of  fuch  Court,  it  fhall  be  lawful  for  the  Clerk  of  the  Court  where  Judgment 
was  given,  or  Decree  made,  at  the  Requeft  of  the  Party  for  whom  the  fame  was 
rendered,  to  iffue  a  Writ  of  Fieri  Facias,  Capias  ad  Satisfaciendum,  or  other  Procefs, 
under  the  Teft  herein  before  prefcribed,    and  to  dired  the  fame  to  the  Sheriff,    or 

Other 


L  A  IV  S    of    North-Carolina. 


2St 


Other  Officer  of  any  County  in  this  Province,  where  the  Defendant  or  Debtor,  or    ^'  D.   \j(n, 
his  Goods,  fliall  be  found ;  which  faid  Sheriff",  or  other  Officer  to  whom  the  fame     *>— -nr"*--^ 
fhall  be  directed,  is  hereby  impowered  and  required  to  ferve  and  execute  the  fame, 
and  fhall  make  Return  thereof  to  the  Court  where  the  Judgment  or  Decree  was 
o-iven,  in  the  fame  Manner  as  if  fuch  Procefs  had  iffijed  from  the  Superior  Court 
of  Juftice. 

XXV.  AND  for  the  better  afcertaining  what  Procefs  may  be  iffi.ied  where  the  Proceed.  whT« 
Sheriff  ihall  return  that  the  Defendant  is  not  to  be  found  in  his  Bailiwick,  It  is  is  returnedr""' 
hereby  Ena"ed^  That  when  any  Sherifi'  ffiall  make  fuch  Return,  the  Plaintiff  or 
Plaintiffs,  in  any  civil  Adion,  may  fue  an  Attachment  againll  the  Efl:ate  of  fuch 
Defendant,  returnable  as  is  herein  before  dircfte.;  for  the  Return  of  original  or  other 
fubfequent  Procefs,  thereupon  to  enforce  an  Appearance,  or  an  Alias^  or  Pluries 
Caoias,  until  fuch  Defendant  be  arrefted,  at  the  Eleftion  of  the  jlaintiffor  Plaintiffs  ; 
and  if  the  Sheriff  Ihall  return  (uch  Attachment  executed,  the  Plaintiff  ffiall  file  his 
Declaration  according  to  the  Rules  of  the  Court,  and  be  intitled  to  a  Judgment, 


Proceedings  on 
Attachments  tha 
f.imc  as  in  the 
Superior  Courts, 


XXVI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  the  fame 
Rules  Methods,  and  Proceedings,  ffiall  be  had,  kept,  ufed,  and  obfervtd,  by  the 
faid  Inferior  Courts  of  Pleas  and  Qiiarter  Seffions,  and  Officers,  in  the  granting, 
iliuincr,  executing,  returning,  and  awarding  Judgment  on  judicial  Attachments ; 
and  the  like  Remedy,  Recovery,  and  Relief,  againft  Sheriffs  and  Bail,  as  in  like 
Cales  is  provided  by  Law  in  Suits  depending  in  the  Superior  Courts  of  Juftice, 

XXVII.  AND  for  the  regular  Profecution  and  Determination  of  Suits,  enter-   Ruks  of  Couttj 
ino-  up  Judgments,  and  Prefervation  of  the  Records  -,  Be  it  therefore  Ena^ed,  by  the 
Authority  aforefaid^  That  the  following  Rules  and  Methods  ffiall  be  obferved,  to 

wit. 

That  the  Plaintiff  in  every  Suit  ffiall  file  his  Declaration  on  the  Firft  Day  of  the 
Court,  or  firft  calling  of  the  Caufe  in  Court ;  and  at  the  fame  Time  ferve  the  Defen- 
dant, or  his  Attorney,  with  a  Copy  thereof,  if  required. 

That  if  the  Plaintiff  fail  to  filehis  Declaration,  or  appearand  profecute  his  Suit, 
the  Defendant  may  enter  a  Non-profs. 

That  the  Defendant  ffiall  enter  his  Appearance,  and  file  his  Plea  in  Writing, 
whether  general  or  fpecial,  the  Firft  Court ;  and  if  he  fails  lo  to  do,  the  Plaintiff  ffiall 
have  Judgment,  which  in  Actions  of  Debt  ffiall  be  final,  except  where  Damages  are 
to  be  fuggefted  on  the  Roll  -,  in  which  Cafe,  and  in  all  others  where  the  Plaintiff 
ffiall  recover  in  Damages,  a  Writ  of  Enquiry  ffiall  be  executed  the  next  Court. 

That  the  Defendant  may  plead  as  many  feveral  Matters  as  he  ffiall  think  necefTary 
for  his  Defence,  fo  that  he  be  not  admitted  to  plead  and  demur  to  the  Whole. 

That  all  Iffucs,  whether  general  or  fpecial,  fhall  be  heard  and  tried  the  next  fuc- 
ceeding  Court,  unlcfs  fufficient  Caufe  is  ffiewn  to  fuch  Court  why  fuch  Caufes  ffiall 
be  continued. 

That  all  Caufes  at  Iffue  ready  for  Trial  be  firft  heard  and  tried. 
That  every  Morion  in  Arreft  of  Judgment  ffiall  be  argued  the  laft  Day  of  the 
fame  Court  the  Iffue  is  tried,  the  Defendant's  Attorney  firft  ferving  the  Plaintiff's 
Attorney  with  a  Copy  of  the  Reafons  in  Arreft  of  Judgment ;  unlefs,  upon  lufficient 
Realons  ffiewn,  and  approved  of  by  the  Court,  further  Time  ffiall  be  allowed. 

That  when  any  fpecial  Verdid  fliall  be  found,  or  Demurrer  to  Evidence,  at  the 
Motion  of  either  Party,  Time  ftiall  be  allowed  to  the  next  fucceeding  Court  for 
hearing. 

That  in  every  Caufe,  unlefs  brought  by  Petition,  if  the  Plaintiff  recovers,  or  is 
Non-fuir,  or  where  his  Suit  ffiall  be  difmiffed,  or  Judgment  paffed  for  the  Defen- 
dant, the  Court  ffiall  allow  in  the  Bill  of  Cofts  Fifteen  Shillings,  Proclamation 
Money,  for  an  Attorney's  Fee,  if  the  Party  employed  one. 

That  the  Clerk  of  every  Inferior  Court  of  Pleas  and  Quarter  Seffions,  where 
any  Caufe  is  finally  determined,  ffiall  enter  all  Pleadings  and, other  Matters  relating 

N  n  thereto 


282 


LAWS    of    North-Carolina. 


A,  D.    1762.   thereto  in  a  Book  kept  for  that  Purpofe,  that  an  entire  and  perfedt  Record  may  be 
made  up. 


D  lifoiy 
prevented. 


C'erks  and  She- 
riff s  Fees  for  all 
Services. 


Pleas  XXVIII.  AND  for  Prevention  of  Delay  and  Vexation  by  dilatory  Pleas,  //  is 
hereby  further  Enaofed,  That  no  Plea  in  Abatement  Iliall  be  received  in  any  Adlion 
or  Suit,  unlefs  the  Truth  thereof  be  fufficiently  fhewn  to  the  Court  by  Affidavit  or 
otherwife ;  and  in  all  Adlions  where  the  Declaration  fliall  plainly  fet  torth  fufficient 
Matter  of  Subftance  for  the  Court  to  proceed  upon  the  Merits  of  the  Caufe,  the 
Suit  fhall  not  abate  for  Want  of  Form  •,  and  that  when  any  Plea  in  i\.batement  Ihall 
be  pleaded  in  any  A6lion,  and  upon  Argument  thereof  the  fame  fhall  be  judged 
infufficient,  the  Plaintifi'  or  Plaintiffs  in  fuch  Aftion  fliall  recover  againil  the  De- 
fendant or  Defendants  full  Cofts  to  the  Time  of  over-ruling  fuch  Plea,  including 
the  Cod  of  that  Court,  a  Lawyer's  Fee  only  excepted,     (a) 

XXXII.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  every 
Clerk,  Sheriff,  and  other  Oincer  of  the  faid  Inferior  Court  of  Pleas  and  Quarter 
ScTions,  may  take  and  receive  the  Fees  herein  before  mentioned  ;  and  alio,  for  every 
other  Service  by  them  refpectively  to  be  done,  fhall  and  may  take  fuch  Fees  and 
Perquifites  as  they  could  or  might  have  done  for  performing  the  like  Services  by 
Virtue  of  an  A6t  of  Affembly,  intituled,  ^n  Act  for  regulating  the  feveral  Officers 
Fees  within  this  Province^  and  afcertaining  the  Method  of  paying  the  fame :  And  if 
any  Clerk,  Sheriff,  or  other  Officer  of  the  faid  Courts,  ihall  demand,  extort,  exad, 
or  receive  any  other  or  larger  Fees,  or  fhall  refufe  to  do  the  particular  Service  of 
his  Office  for  the  Fees  in  this  and  the  before  recited  A61  exprefled,  or  fliall  intro- 
duce any  new  Fees,  or  charge  any  fuch  tor  any  pretended  Service  when  luch  Service 
is  not  aftually  performed,  and  when  the  fame,  according  to  the  Course  of  Praftice, 
is  not  neceflliry  to  be  done ;  every  fuch  Clerk,  Sheriff,  and  other  Officer^  for  every 
lYich  Offence,  fhall  forfeit  and  pay  Five  Pounds,  Proclamation  Money  ;  to  be  re- 
covered and  applied  as  by  the  aforefaid  Ai5l  is  direfted. 

Appeals  gran:ej.  XXXIII.  AND  for  granting  Appeals  from  the  Inferior  Courts  of  Pleas  and 
Quarter  Seffions,  to  the  Superior  Courts  of  Juflice,  and  obtaining  Writs  of  Error 
to  the  faid  Courts,  Be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  when 
any  Perfon  or  Perfons,  either  Plaintiff  or  Defendant,  fliall  be  diflatisfled  with  the 
Judgmerrt,  Sentence,  or  Decree  of  any  Inferior  Court,  he  may  pray  an  Appeal 
from  the  Judgment,  Sentence,  or  Decree  of  fuch  Court  to  the  Superior  Court  of 
Juftice  oi  the  Diilrid  wherein  fuch  Inferior  Court  of  Pleas  and  Qiiarter  Seffions 
is  held  -,  but  before  obtaining  the  fame,  fliall  enter  into  Bond,  with  Two  fufficient 
Securities,  for  profecuting  the  fame,  and  performing  the  Judgment,  Sentence,  or 
Decree  that  the  Superior  Court  fliall  enter  or  make  thereon,  in  Cafe  fuch  Appel- 
lant fliall  be  call. 


gtanttd. 


of  Error  XXXIV.  AND  bccaufe  it  may  happen,  that  in  iffiiing  Procefs,  carrying  on 
the  Proceedings,  and  rendering  Judgments  in  the  faid  Inferior  Courts  of  Pleas  and 
Qtiarter  Seffions  there  may  be  Error  to  reverfe  Judgments  •,  Be  it  EnaSfed,  That 
when  any  Defendant  is  defirous  to  profecute  a  Writ  of  Error,  he  fhall  move  the 
Inferior  Court  of  Picas  and  Qiiarter  Seffions,  where  fuch  Suit  is  depending,  to  allow 
a  Writ  of  Error,  he  firfl  entering  into  Bond  as  afore-mentioned  •,  and  the  Court  is 
hereby  impowered  and  required  to  allow  thereof,  as  if  fuch  Writ  of  Error  was 
then  and  there  produced. 

How  profecuud.  XXXV.  AND  for  carrying  on  and  profecuting  fuch  Appeals  and  Writs  of 
Error ;  Be  it  Enabled^  by  the  Authority  aforefaid.  That  the  following  Rules  and 
Methods  of  Pra6life  ffiall  be  obferved,  to  wit^  That  when  any  Perfon,  either  De- 
fendant or  Plaintiff,  conceives  he  is  injured  by  the  Judgment,  Sentence,  or  Decree 
of  any  Inferior  Court,    and  fliall  have  appealed  to  the  Superior  Court  in  Manner 

above 


(a)  The  29th,  30th,  and  511I  Sedions,  relating  to  Petition  and  vSummons,  repealed,  byAfiDcc. 
1770,  Chap.  43. 


L  ui  W  S    of    North-Carolina. 


283 


above  direclcd,  a  Tranfcript  of  the  Proceedings  of  the  Inferior  Court  fliall  be  filed    ^-  -D-   '762. 
with  the  Clerk  of  fuch  Superior  Court  Fifteen  Days  before  the  fitting  of  the  Court; 
and  if  the  Tryal  in  the  Inferior  Court  was  of  an  ifiue  to  the  Country,  a  Tryal  de 
Novo  ihall  be  had,  and  if  on  a  Hearing  on  a  Petition  for  a  filial  Portion,   or  Lega- 
cy, or  Uiltribution  of  an  Inteftates  Ellate,  or  other  Matter  thereto  relating,  a  Re- 
hearing at  the  laid  Court,  without  Notice  given  by  either  Party  ;  and  if  fuch  Tran- 
fcript of  the  Proceedings  is  not  filed  within  the  Time  aforefaid,  with  the  Clerk  of 
the  Superior  Court,  or  if  the  Appellant  fiiall  fail  to  appear  and  profecute  his  Ap- 
peal, then  the  Judgment,  Sentence,  or  Decree  of  the  Inferior  Court  fiiall  be  affirm- 
ed, and  the  Appellant  Ihall  be  adjudged  to  pay  double  Colts ;  provided,  that  there 
(hall  be  Thirty  Days  between  the  Day  of  Tryal  or  Hearing  in  the  Inferior  Court, 
and  the  next  Superior  Court :  But  when  it  fo  happens  that  there  are  not  Thirty 
Days  between  fuch  Tryal  or  Hearing  and  the  Superior  Court,   fuch  Appeal  Ihall  be 
continued,  and  a  Tranfcript  of  the  Proceedings  rranfmitted  to  the  Superior  Court 
next  after :  And  where  any  Defendant  will  prokcute  a  Writ  of  Error,  he  may  move 
the  Inferior  Court  where  the  Tryal  is  haJ,  and  enter  into  Bond,  with  Security,  as 
before  mentioned,  whereupon  a  Tranfcript  of  the  Proceedings  fhall  be  filed  with 
the  Clerk  of  the  Superior  Court  Fifteen  Days  before  the  Court,  and  the  Party  pro- 
fecuting  fuch  Writ  of  Error  Ihall  affign  and  file  Error  the  firft  Four  Days  of  the 
Court  i  and  in  Cafe  fuch  Defendant  Ihall  negled  to  file  fuch  Writ,  and  affign  Er- 
ror as  aforefaid,  or  fhall  fail  to  appear  and  profecute  the  fame,   then  the  Judgment 
of  the  Inferior  Court  fhall  be  affirmed,  and  the  Plaintiff  in  Error  fliall  be  adjudged 
to  pay  double  Coils ;  provided  that  there  fliall  be  Thirty  Days  between  fuch  Mo- 
tion for  obtaining  a  Writ  of  Error,  and  the  Time  of  holding  the  Superior  Court, 


10  th«  Appellant. 


XXXVI  AND  he  it  further  EymHed^  by  the  Authority  aforefaid^  That  in  every  CL-rk  x»  mzu 
Inferior  Court  within  this  Province,  when  an  Appeal  Ihall  be  granted,  or  Writ  of  "he  Vn^ce!dtgs 
Error  allowed,  the  Clerk  of  fuch  Court  fnall  immediately  make  up  a  full  and  per-  =nJ  give  a  copy 
fe6l  Record  of  all  the  Proceedings  in  fuch  Caufe,  and  fliall,  within  Ten  Days  after 
the  Adjournment  of  the  Court,  give  an  attefted  Copy  of  fuch  Record  with  a  Taxa- 
tion of  all  Cofls  accrued,  to  the  Perfon  appealing,  or  to  whom  the  Writ  of  Error 
is  allowed  ;  and  every  Clerk  neglecting  to  do  the  fame,  fhall  forfeit  and  pay  to  the 
Perfon  intitled  to  fuch  attefted  Copy,  the  Sum  of  Five  Pounds,  Proclamation  Mo- 
ney •,  to  be  recovered  by  Action  of  Debt,  Plaint  or  Information,  in  any  Court  of 
Record  ;  and  the  faid  Clerk  ihall  alfo  be  further  liable  to  an  Adion  on  the  Cafe,  for 
all  fuch  Damages  as  fuch  Perfon  fhall  fuftain  for  Want  thereof. 


XXXVII.  AND  he  it  farther  Ena^ed,  hy  the  Authority  aforefaid.  That  if  any 
A6tion  or  other  Procefs  ihall  be  commenced  and  prolecutcd  againft  the  SheriiV  of 
any  County  in  this  Province,  then  inft^rad  of  other  Procefs  which  might  be  legally 
taken  in  the  like  Cafe  againit  any  other  Perfon,  the  Clerk  of  any  Inferior  Court  of 
Pleas  and  Qiiarcer  SefTions  fhall,  upon  Requeft,  iffue  a  Summons  directed  to  the 
Coroner  of  the  County,  reciting  x^wz  Matter  or  Caufe  charged  againft  fuch  Sherifi"", 
and  fummons  him  to  appear  and  anfv/er  the  fame  at  the  next  Inferior  Court  of  Pleas 
apd  Qiiarter  SefTions  to  be  held  for  the  faid  County  ;  and  if  fuch  Sherift'  fliall  not 
appear  according  to  fuch  Summons  it  fnall  be  lawful  for  the  Court  to  award  an 
Attachment  againit  the  Eftate  of  fuch  Sheriff  fo  failing  to  appear;  and  thereupon 
the  like  Proceedings  fhall  be  had  as  in  Cafes  of  other  Attachnients. 

XXXVIII.  AND  for  the  better  Difcovery  of  the  Truth  in  any  Matter  whatfo- 
cver  before  the  Inferior  Courts,  Be  it  EnaSfed,  by  the  Authority  aforefaid.  That  the 
Clerk  of  every  fuch  Court  may,  and  he  is  hereby  authorized  and  required,  upon 
the  Requeft  of  either  Party,  to  iffue  one  or  more  Summons  or  Summonfes  for  any 
Perfon  or  Perlbns  to  attend  as  a  Witnefs  or  Witnefits  in  any  Caufe  dependinf^  before 
them,  dircded  to  the  Sheriff' or  other  OfScerof  the  County  where  luth  Witnefs  or 
Witnefix:s  do  live  or  ufually  refide,  who  is  hereby  impowcred  and  required  to  ferve 
fuch  Summons  or  Summonfes ;  and  the  Witnefs  or  WitnefTes  thereby  fummoned 
fhall  appear  according  to  the  Tenor  thereof,  and  every  Perfon  or  Perlbns  fo  fum- 

N  n  2  moned 


giinft  SiKiift's  m 


Adliojis 
them. 


sainft 


Summnn'es  how 
to  irtue. 


284 


L  A  iV  S    of    North-Carolina. 


A.  D.    1J62 


Eviiienccs     (a'n- 

nr.oned,  h"V/  long 
t.)  attend. 


moned  and  attending,  (hall  have  the  fame  Allowance,  and  be  intitled  to  the  fame 
Privileges  and  Exemptions,  as  Witncffcs  lummoned  to  any  Superior  Court  have  or 
may  claim  ;  and  on  Failure,  to  attend  according  to  luch  Summons,  fliall  be  liable 
to  the  fame  Penalties,  Fines,  Forieicurcs,  and  Actions,  as  V/itnelTes  fummoned  to 
attend  the  aforefaid  Superior  Courts  are  liable  and  i'ubjeft  to  in  the  like  Ckfes,  and 
fiiall  and  may  be  proceeded  againll  accordingly  -,  any  Law,  Ufage,  or  Cuftom,  to 
the  contrary,  notwithlhinding  :  And  when  any  Witnefs  is  aged,  iniirm,  or  otherwife 
incapable  of  attending  ihc  Court,  or  rtlides  out  of  the  County,  luch  Court,  upon 
Motion  of  either  Party,  and  the  fruth  thereof  appearing,  may  grant  a  Dedimus,  to 
take  the  Examination  of  luch  Witncfs  or  Witnelics,  in  the  fame  Manner,  and  with 
fuch  Notice,  as  fuch  Commillions  may  be  iflucd,  executed,  and  returned,  in  Pro- 
ceedings in  the  Superior  Courts. 

XXXIX.  yi'iVD  k  it  further  Enacted^  by  the  Authority  aforefaid^  That  every 
Perfon  fummoned  to  appear  as  a  Witncfs  in  any  of  the  laid  Interior  Courts  in  Man- 
ner as  herein  before  direded,  diall  appear  according  to  fuch  Summons,  and  conti- 
nue to  attend  from  Day  to  Day,  until  difcharged  by  the  Court,  or  by  the  Party  at 
whofe  Inftance  he  was  fummoned  ;  and  in  Default  thereof,  Ihall  be  fubjeft  to  the 
Pains  and  Penalties  herein  before  mentioned  ;  any  Law  or  Ufage,  to  the  contrary, 
notwithftanding 


Procfri  in  the 
C;i:t',       to 

Irifuior     Cuu 


All  Piccel's  in  till 
late  Courts  where 
Judgment  enter- 
ed, ti  be  taktn 
Cugiiizjiii-e  vf. 


Ciint^ninsce      of 
the  Aa. 
Further  continu- 
ed, by  Aa  oa. 

1764,    Cliap.  2, 


XL.  AND  be  it  further  EnaSfed^  by  the  Authority  aforefaid.  That  all  Caufes, 
Anions,  Suits,  Writs,  Petitions,  Summonfes,  Plaints,  l^rocefs.  Recognizances, 
Indiftments,  and  Preientments  whatfoever,  heretotore  commenced,  and  not  yet 
determined,  in  either  of  the  late  Interior  Courts  of  Pleas  and  Quarter  Sellions  in 
this  Province,  or  fuch  as  fhall  be  returnable  to,  or  had,  or  fhall  have  Day  or  Days 
in  any  of  the  laid  Courts,  or  other  Matters  or  Things  in  them  depending,  not  fully 
determined  after  the  puffing  of  this  Act,  fliall  be  tranlpofed  and  carried  off  the 
Dockets  in  each  of  the  laid  late  Interior  Courts  into  the  Dockets  of  the  feverai 
Courts  by  this  Ad  eftabliHied,  in  the  la^re  Order  in  which  they  ihail  then  ftand  in 
the  Dockets  of  the  faid  late  Inferior  Courts  refpeftively  ;  and  fhall  be  proceeded  on 
by  the  faid  Courts  according  to  the  Method  by  this  Act  direded,  as  if  the  fame  had 
been  originally  commenced  therein. 

XLI.  AND  be  it  further  Enacted,  by  the  /Authority  aforefaid.  That  all  Writs  and 
other  Procefs,  and  all  Suits  and  Proceedings  whatfoever,  illued,  granted,  or  pro- 
fecuted  in  any  of  the  laid  late  Inferior  Courts,  wherein  Judgment  hath  been  entered 
or  Decree  made,  (hall  and  may  be  taken  Cognizance  of  by  the  faid  Courts  of  the 
refpeftive  Counties  by  this  Act  eftablilhed  j  and  fuch  Courts  may  refpeftively  award 
Execution,  or  other  necelTiry  Proceedings,  on  fuch  Judgment  or  Decree,  in  the 
famiC  Manner  as  if  luch  Suit  had  been  originally  commenced  in  fuch  Court  by  this 
Law  hereby  eftabliflied  j  any  Law,  Ufage,  or  Cuilom,  to  the  contrary,  notwith- 
•ftanding. 

XLII.  A  NB  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  this  Aft,  and 
every  Claufe  and  Article  thereof,  flaall  be  and  continue  in  Force  for  Two  Years, 
from  and  after  the  Firft  Day  of  January  next,  and  from  thence  to  the  End  of  the 
next  Seffion  of  AlTembly,  and  no  longer. 


Preamble. 


CHAP.     III. 

yf«  A^.  to  i;npo'u;er  the  feverai  Inferior  Courts  of  Pleas  and  ^larter  Seffwns  to  try  all 
Caufes  commenced  in  the  late  Inferior  Courts,  where  the  Debt,  Damage,  cr  'Thing  fued 
for,  does  not  exceed  Fifty  Pounds,  Proclamation  Money. 

I.  T1|  THEPvEAS  by  the  late  Inferior  Court  Law,  Power  was  given  to  the 
y  y     JuPcices  of  the  refpedive  Courts  to  try  all  Caufes  where  the  Debt,  Da- 
mage, or  Thing  fued  for,  did  not  exceed  Fifty  Pounds,  Proclamation  Money,  and 

there 


L  A  JV  S    of    North-Carolina. 


2S5 


there  beino-  divers  Suits  commenced  in  the  faid  late  Courts,  and  not  yet  determined,    ■^• 
for  the  Sum  of  Fifty  Pounds,  and  no  Provifion  having  been  made  for  the  Trial  of    ^ 
fuch  Caufes  in  the  Inferior  Court  Law  already  palled  by  the  Council  and  Afiembly  : 
For  Remedy  v/hereof, 

11.  B  E  ii  Enacted,  by  the  Governor^  Council,  and  AffemVy^  and  hy  the  Authority  ^""^^^:''""  '" 
of  the  fame.  That  all  Caules  heretofore  commenced  in  any  ot  the  late  Inferior  Courts^ 
wherein  the  Debt,  Damage,  or  Thing  fued  for,  fhall  exceed  the  Value  of  Twenty 
Pounas,  Proclamation  Money,  and  does  not  exceed  the  Sum  of  Fifty  Pounds  like 
Money,  and  not  already  determined,  fhall  be  tried  in  the  faid  Courts,  and  in  the 
fame  M.inner,  as  if  the  Sum  fued  for  did  not  exceed  Twenty  Pounds ;  and  the 
Jultices  arc  hereby  declared  to  have  Cognizance  thereof,  to  give  Judgment,  and 
award  Execuiion  thereon,  as  fully  and  amply,  to  all  Intents  and  Purpofes,  as  in 
other  Cafes  where  the  Debt,  Damage,  or  Thing  fued  for,  did  not  exceed  the  Value 
of  Twenty  Founds,  Proclamation  Money  -,  any  Thing  in  the  before  recited  Ad  of 
AfTembly,  to  the  contrary,  in  any-wife,  notwithftanding. 


CHAP.     IV. 

An  ASl  direufing  the  Method  of  appointing  Jurymen  in  all  Caufes^  a  iminal  and  civil  EXP. 


CHAP.    V, 

An  Atl  for  the  hitter  Cafe  of  Orphans,  and  Security  and  Management  of  their  Eftates. 

I.  T  "jl  T  H  E  R  E  A  S  the  greatefl:  Part  of  the  Eftates  in  this  Province  belonging   Preamble. 

YY  to  Orphans  are  of  fo  inconfiderable  Value  that  an  Application  to  the 
Court  of  Chancery,  in  many  Inftances,  will  occafion  an  Expence,  which  the  Profits 
of  them  are  not  fufficient  to  defray  ;  and  it  having  been  found  by  Experience,  thac 
the  Court  of  each  refpedive  County,  exercifing  the  Power  of  regulating  the  Edu- 
cation of  Orphans,  and  the  Management  of  their  Eftates,  have  proved  of  fingular 
Service  to  them : 

II.  BE  it  therefore  Enafied,  by  the  Governor,  Council,  and  AfJenMy,  and  h)  the  Fathers  to  d^rpofe 
Authority  of  the  fa^ne.  That  where  any  Perfon  hath,  or  (hall  have  any  Child  or  Chil-  '^J^^'chudren."^ 
dren  under  the  Age  of  Tv/enty-one  Years  and  not  married,  it  fhall  and  may  be  '"' 
lawful  to  and  for  the  Father  of  fuch  Child  or  Children,  whether  born  at  the  Time 
cf  his  Death,  or  in  Ventre  famere,  or  whether  fuch  Father  be  v/ithin  the  Age  of 
Tv/enty-one  Years,  or  of  full  Age,  by  Deed  executed  in  his  Lifetime,  or  by  his  lafl 
Will  and  Teftament  in  Writing,  in  luch  Manner,  and  from  Time  to  Time,  as  he 
(hall  think  fir,  to  difpofe  of  the  Cuftody  and  Tuition  of  fuch  Child  or  Children, 
for  and  during  fuch  Time  as  he,  fhe,  or  they  fhall  remain  under  the  Age  of  Twen- 
ty-one Years,  or  for  any  lefs  Time,  to  any  Perfon  or  Perfons  other  than  the  People 
called  Ghwkers,  and  Popifb  Recufants  ;  and  every  fuch  Difpofition  heretofore  made, 
or  hereafter  to  be  made,  fhall  be  good  and  effedual  againft  all  and  every  Perfon  and 
Perfons  claiming  the  Cuftody  and  Tuition  of  fuch  Child  or  Children  as  Guardian, 
in  Soccage,  or  otherwife  •,  and  the  Perfon  or  Perfons  to  whom  fuch  Cuftody  and 
Tuition  hath  been,  or  fhall  be  fo  difpofed  or  devifed,  fliall  and  may  maintain  an 
Action  of  RaviOiment  of  Ward  or  Trefpafs  againft  any  Perfon  or  Perfons  who  fhall 
wrongfully  take  away  or  detain  any  fuch  Child  or  Children,  for  the  Recovery  of 
fuch  Child  or  Children,  and  fhall  and  may  recover  Damages  for  the  fame  in  the 
faid  Action,  with  Cofts,  for  the  Benefit  of  fuch  Child  or  Children. 

in.     PROFIDED  neverthelefs.  That  nothing  in  this  Ad  contained  fliall  be   Prrvifo,  forQ>:»- 
conPcrued  to  hinder  any  of  the  People  commonly  called  ^takers  to  make  fuch  Dif-    ''^"* 
polition,  or  to  hinder  the  Superior  or  Inferior  Courts  from  committing  the  Guardi- 
anfhip  and  Cuftody  of  their  Children  to  the  People  of  that  Perfuafion  j    and  that 

every 


LAWS    of    North-Carolina. 


J.  D,  1762.  every  Perfon  or  Perfons  to  whom  fuch  Tuition  and  Cuftody  hath  been,  or  fliall  be 
fo  difpofed  or  devifed  as  aforefaid,  ihall  and  may  take  into  his  or  their  Poffeffion, 
for  the  Ufe  of  fuch  Child  or  Children,  the  Profits  of  all  Lands,  Tenements,  and 
Hereditaments ;  and  alfo  the  Slaves,  Goods  and  Chattels,  and  perfonal  Ellate  of 
fuch  Child  or  Children ;  and  may  bring  fuch  Adlion  or  Adlions  m  Relation  there- 
unto, as  by  Law  a  Guardian  in  common  Soccage  might  do. 


Not   to  difcharge 
Apprentices. 


Guarilianialjiifine; 
their  Tiuft,  may 
be  removed. 


Vtr  Orphans, 


Pen.  for  N.glca 


Prnvifo, 
S- ciir.lv    V 
txtt  good. 


vherj 


Ponds 

Guardi, 
ablf  to 
fcf,  ;i 
Orph. 


gWen  by 
Ills,  pjy- 
lllc  jjfli- 
Truft  for 


Provir. 

J.iclgme 


wh-re 
i.t  for 
Guardian. 


Duty  of  Guarci- 
ans. 


tV.  P  ROV  ID  ED  always.  That  nothing  herein  before  contained  fliall  ex- 
tend to  difcharge  any  Apprentice  from  his  Appienticelhip  ;  and  the  Superior  Court 
of  the  Diftrift,  or  the  Inferior  Court  of  Pleas  and  Quarter  Seflions  of  the  County 
wherein  fuch  Guardian  fhall  refide,  refpedlively,  upon  Complaint  to  them  made  of 
fuch  Guardian  abufing  the  Truft  repofed  in  him,  by  mifufing  the  Child  or  Children 
fo  committed  to  his  I'uition  as  aforefaid,  in  being  about,  or  intending  to  marry 
fuch  Child  or  Children  in  Difparagement,  negle6ting  the  Care  of  their  Education 
fuitable  to  their  Eftate,  or  wafting,  converting  to  his  own  Ufe,  or  otherwife  mif- 
managing  fuch  Eftate,  to  make  and  eftablifli,  trom  Time  to  Time,  fuch  Rules  and 
Orders  for  placing  fuch  Child  or  Children  under  the  Care  and  Tuition  of  any  other 
Perfon  or  Perfons,  fecuring  the  Eftate,  and  for  the  better  Education  and  Ufageof 
fuch  Child  or  Children,  as  they,  in  their  Difcretion,  fhall  judge  meet  and  necelfary. 

V.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Superior 
Courts  and  Inferior  Courts  of  Pleas  and  Quarter  SelTions  of  this  Province,  within 
their  rcfpedtive  Jurifdiftions,  have,  and  fhall  have  lull  Power  and  Authority,  from 
Time  to  Time,  to  take  Cognizance  of  all  Matters  concerning  Orphans  and  their 
Eftates,  and  to  appoint  Guardians  in  fuch  Cafes  where  to  them  it  lliall  appear  ne- 
ceflary  •,  and  fhajl  take  good  Security  of  all  Guardians  by  them  to  be  appointed  for 
the  Eftate  of  the  Orphans  by  them  committed  :  And  if  any  Court  fhall  commit  an 
Orphan's  Eftate  to  the  Charge  or  Guardianfhip  of  any  Perfon  or  Perfons  without 
taking  good  and  Sufficient  Security  for  the  fame,  the  Juftice  or  Juftices  appointing 
fuch  Guardian  fhall  be  liable  for  all  Lofs  and  Dariiages  fuftained  by  the  Orphan  for 
Want  of  fuch  Security  being  taken  ;  to  be  recovered  by  Adion,  at  the  Common 
Law,  in  any  Court  of  Record  in  which  the  fame  is  cognizable,  at  the  Suit  of  the 
Party  grieved. 

VI.  P  R  OVID  E  D  always.  That  where  the  Securities  were  good  at  the  Time 
of  their  being  taken  or  accepted,  but  afterwards  become  infolvent,  in  fuch  Cafe  the 
Juftice  or  Juftices  fliall  not  be  liable. 

VII.  AND  be  it  further  Enacted,  That  the  Bond  to  be  given  by  any  Perfon 
or  Perfons  appointed  Guardian  as  aforefaid,  fliall  be  made  payable  to  the  Juftice  or 
Juftices  prefcnt  in  Court  and  granting  fucli  Guardianfliip,  the  Survivors  or  Survivor 
of  them,  their  Executors  or  Adminiftrators,  in  Truft,  for  the  Benefit  of  the  Chiki 
or  Children  committed  to  the  Tuition  and  Care  of  fuch  Guardian  ;  which  Bond 
fuch  Court  fhall  caufe  to  be  acknowledged  before  them  and  recorded ;  and  that  in 
the  Name  of  the  Juftice  or  Juftices  to  whom  the  faid  Bond  is  made  payable,  the 
Survivors  or  Survivor  of  them,  their  Executors  or  Adminiftrators,  any  Perfon  or 
Perfons  injured,  may  and  fliall,  at  his,  her  or  their  Cofts  and  Charges,  commence 
and  profecute  a  Suit  againft  fuch  Guardian  and  his  Securities,  Executors  or  Admi- 
niftrators i  and  fhall  and  may  recover  all  Damages  which  he,  flie,  or  they  have 
fuftained  by  Realbn  of  the  Breach  of  the  Condition  thereof, 

VIII.  PROVIDED  always.  That  if  any  Verdift  or  Judgment  (hall  pafs  for 
fuch  Guardian  or  his  Securities,  the  Perfon  at  whofe  Inftance  fuch  Suit  fhall  be 
commenced  or  profecuted,  fliall  pay  Cofts, 

IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  when  a 
Guardian  fliall  be  appointed  to  an  Orphan  by  any  Superior  or  Inferior  Court,  iuch 
Guardian  Ihall,  at  the  next  Court  after  his  Appointment,  exhibit  an  Account,  up- 
on Oath,  of  all  the  Eftate  of  fuch  Orphan  which  he  or  flie  ftiall  have  rectiyed  into 

his 


L  A  JV  S    of    North-Carolina. 


2S7 


Courts  Pnwr 
where  'hey  abufe 
their  Tiult. 


Ti  fell   ihe   pe- 
r.iluble  Eftate, 


his  or  her  Hands  or  PofTefTion ;  and  every  Guardian  heretofore,  or  hereafter  to  be  ^'  D.  j-j6z. 
by  any  fuch  Court  appointed,  fliall  annually  exhibit  his  Account,  and  State  of  the 
Profits  and  Difburfements  of  the  Eftate  of  fuch  Orphan  upon  Oath ;  and  fuch 
Account  fo  to  be  exhibited,  fhall  be  entered  by  the  Clerk  in  particular  Books  to  be 
provided  and  kept  for  that  Purpofe  only  :  And  when  the  faid  Courts  fhall  know  or 
be  informed  that  any  Guardian  or  Guardians  by  them  refpeftively  appointed,  do 
wafte  or  convert  the  Money  or  Eftate  of  any  Orphan  to  his  or  their  own  Ufe,  or  do 
in  any  Manner  mifmanage  the  fame,  is  about,  or  intends  to  marry  him  or  her  in 
Difparagemenr,  or  neg'ccls  to  educate  or  maintain  any  Orphan  according  to  his  or 
her  Degree  and  Circumftances,  or  where  any  fuch  Guardian  or  his  Securities  are 
likely  to  become  infolvent  •,  fuch  Court  fhall  have  Power,  from  Time  to  Time,  to 
make  and  rftablifh  fuch  Rules  and  Orders  for  the  better  ordering,  managing,  and 
fecuring  fuch  Eftate,  and  for  the  better  Education  of,  and  maintaining  fuch  Or- 
phans, or  to  appoint  another  Guardian,  as  they  fliall  think  fit  and  convenient. 

X.'  AND  he  it  further  Enar.ed^  That  every  Guardian,  Executors,  or  Admini- 
ftrators,  as  foon  as  conveniently  the  fame  may  be  done,  fhall,  by  order  of  the  Su- 
perior or  Inferior  Court  of  Picas  and  Quarter  Sefllons,  caufe  the  Sheriff  to  fell  and 
difpofe  of  all  the  Goods  and  Chattels  of  his  or  her  Ward  as  are  or  may  be  liable  to 
pcrifh,  confume,  or  be  the  worfe  by  ufing  or  keeping  (except  in  the  Inftances  here- 
after mentioned)  for  the  moft  that  can  be  got  for  the  lame,  by  public  Sale,  having 
firft  advertifed  the  fame  at  all  public  Places  within  the  County  at  leaft  Twenty  Days 
before  the  Day  of  Sale,  in  reafonable  Lots,  and  fhall,  for  enhancing  the  Price  there- 
of, f^ive  Six  iVlonths  Credit,  upon  good  Security  given,  for  which  Service  the  She- 
riff fhall  be  allowed  by  the  Court,  fo  as  fuch  Allowance  does  not  exceed  Two  and 
a  half/)tT  Cent,  and  fuch  Guardian^  after  the  Time  of  fuch  Payment  is  paft,  fhall 
take  and  purfue  jill  lawful  Ways  and  Means  to  receive  and  recover  the  Money,  upon 
Pain  of  being  anfwerable  for  the  fame ;  and  if  the  fame  cannot  be  received  before 
the  Orphan  intitled  to  receive  fuch  Money  Hiail  have  a  Right  to  demand  it,  or  fuch 
Guardian  ftiall  be  removed  from  his  Guardianfhip,  he  or  fhe  fhall  and  may  affign 
fuch  Bond  to  fuch  Orphan,  and  fuch  AlTignment  fhall  difcharge  fuch  Guardian  for 
fo  much  againft  him,  her,  or  them  :  And  where  the  Profits  of  any  Orphans  Eftate 
Ihall  be  more  than  fufficient  to  maintain  and  educate  him  or  her,  the  Guardian  of 
fuch  Orphan  fhall  lend  the  Surplus,  and  all  other  Sums  of  Money  in  his  Hands  be- 
lonoring  to  fuch  Orphan,  upon  Bond,  with  good  and  fufiicient  Securities,  to  be  ap- 
proved of  by  the  next  fucceeding  Court,  and  to  be  repaid  with  Intereft -,  which  In- 
tereft  fuch  Guardian  fliall  account  for  annually  ;  and  where  the  Perfon  or  Perfons 
to  whom  fuch  Money  fhall  be  lent,  or  their  Securities,  are  likely  to  become  Infol- 
vent, fuch  Guardian  fhall  ufe  all  lawful  Means  to  enforce  the  Payment  thereof,  on 
Pain  of  being  liable  for  the  lame  as  aforefaid  ;  and  an  AfTignment  of  fuch  laft 
mentioned  Bond  in  either  of  the  aforementioned  Cafes,  fhall  difcharge  fuch  Guar- 
dian for  fo  much  as  is  fpecificd  in  the  Condition  thereof. 


And  take  all 
lawful  Mc.ins  to 
recover  the  Mo— 
ncy,  or  alTign  the 
Bond  whtn  the 
Orphan  comes  of 
Age. 


Prf  fits  irore  than 
will  irainiain  the 
Orphan,  Surplus 
to  be  lent,  on 
Inttteft,  and 
Means  takea  to 
fccurc  it. 


XI.  AND  be  it  further  Ena^ed,  That  where  any  Orphan  fliall  have  Lands, 
and  a  fufficient  Number  of  Slaves  to  cultivate  and  improve  the  fame,  fuch  Slaves, 
unlels  otherwife  ordered  by  the  Superior  or  Inferior  Courts,  ffiall  be  employed  on 
the  Lands  and  Plantations  of  fuch  Orphan  -,  and  all  Horfes,  Cattle,  Sheep,  or  Hogs, 
fhall  be  kept  upon  fuch  Lands  and  t-'lantations  until  fuch  Orphan  comes  of  Age  ; 
and  he  or  fhe  fhall  have  the  Benefit  of  the  Increafe,  and  fhall  fuftain  the  Lofs,  if 
any  fhall  happen. 


Slaves  snd  Sfrcfe 
to  be  kept  03 
their  Land, 


XII.  P  R  OVID  E  D  ncverthelefs.  That  if  any  fuch  Stock  grow  too  numerous, 
or  if  it  will  be  to  the  Advantage  of  fuch  Orphan,  his  or  her  Guardian  fhall  and  may 
fell,  by  Order  of  the  Superior  or  Inferior  Court,  fuch  Part  of  fuch  Stock  as  fuch 
Court  fhall  think  fit;  and  all  Plate  fhall  be  prcferved  and  delivered  to  fuch  Or- 
phan when  at  Age,  in  Kind,  according  to  Weight  and  Qiianiity. 


Prcvif),     where 

too  numcjcus. 


Plate  to  Ite  delt=« 
vcted  in  kind. 


XIIL     AND, 


L  A  IV  S     of    North-Carolina. 


A.  D.    1762. 

ThcirLand3  to  be 
firmed  for  no 
longer  Time  than 
they  come  of 
A;;e,  and  t'lan- 
taiions  to  be  kept 
in  rcpir. 


Their   Linils  not 
to  lapfc. 


XIII.  JND  be  it  further  Ena^ed,  That  no  Guardian  (hall  let  or  farm  out 
any  L.and  belonging  to  any  Orphan  for  a  longer  Term  than  the  Orphan  be  of  Age, 
or  in  other  Manner  than  by  Leafe,  in  Writing ;  and  that  fpecial  Care  be  had  that 
the  Tenant  Ihall  improve  the  Plantation  ;  and  that  he  or  llie  keep  the  Houfes, 
Orchards,  and  Fences  thereon,  or  that  lliall  be  ereded  on  the  fame,  m  good  and 
fufRcient  Repair,  and  leave  the  fame  fo  at  the  Expiration  of  fuch  Leafe  ;  and  that 
Provifion  be  made  in  fuch  Leafe  for  preventing  all  kind  of  Wafte,  and  employing 
any  Timber  to  any  other  Ufe  than  the  immediate  Ufe  of  the  Plantation. 

XIV.  AND  he  it  further  EnaHed,  That  if  the  Guardian  of  any  Orphan  fhall 
fuiTer  his  or  her  Lands  to  lapie  or  become  forfeited  for  Non-Payment  of  Qj.iit 
Rents,  fuch  Guardian  fhall  be  liable  to  anfwer  the  full  Value  of  the  Lands  fo  lor- 
feited  unto  f^ch  Orphan  at  his  or  her  coming  of  Age:  And  if  it  fhall  fo  happen 
that  any  Orphan  fhall  not  have  vSlaves  to  cultivate  his  or  her  Lands,  and  the  Guar- 
dian of  fuch  Orphan  cannot  Rent  the  fajiie  for  fufficient  to  pay  and  difcharge  the 
Q_uit  Rents  thereof,  and  there  fhall  not  be  perfonal  Eftate  fufRcient  for  that  Pur- 
pole,  it  fhall  and  may  be  lawful  for  fuch  Guardian,  with  the  Conftnt  and  Appro- 
bation of  the  Superior  or  Interior  Court,  annually,  to  fell  or  difpofe  of,  or  ule  fo 
much  of  the  Light-Wood,  to  box  fo  many  Pine  Trees,  or  to  fell  fo  much  of  the 
Timber  on  the  fame,  as  fhall  raife  fufhcicnt  to  pay  and  fatisfy  the  Qiiit  Rents  there- 
of, and  no  more. 

XV.  AND  he  it  further  Enacted^  hy  the  Authority  aforefaid^  That  the  Juflices 
of  every  Inferior  Court  of  Pleas  and  Quarter  Seffions  in  this  Province,  refpeitively, 
fliall  on  the  firft  Day  ot  the  Court  that  llvdl  be  held  next  after  the  firft  Day  o^  Janu- 
ary in  every  Year,  hold  an  Orphan's  Court  for  the  Purpofe  aforefaid ;  and  every 
Perfon  heretotore  appointed,  or  that  flia«l  hereafter  be  appointed  Guardian  to  any 
Orphan  by  any  Court,  or  by  Deed  or  Will  as  aforefaid,  fhall  exhibit  fuch  Account 
as  aforefaid,  and  the  Juflices  of  every  Court  fhall,  at  the  fame  Court,  examine  into 
all  Accounts  of  Guardians  fo  to  be  exhibited  to  them,  and  fhall  dire6l  a  Summons 
to  ilTue,  returnable  to  their  next  Court,  againft  all  Guardians  who  fhall  then  fail  to 
appear  and  render  fuch  Account,  whether  fuch  Guardian  be  refident  in  the  fame  or 
any  other  County,  and  fhall  then  alio  enquire  into  the  Abufes  and  Mifmanagement 
of  Guardians  -,  and  whether  they,  or  their  Securities,  are  likely  to  become  infolvent, 
and  thereupon  to  proceed  according  to  the  Power  in  this  Aft  before  given  •,  and  if 
any  fuch  Guardian  fiiall  wilfully  negled,  after  being  lummoned  as  aforefaid,  to  ap- 
pear, or  obftinately  rcfufe  to  exhibit  fuch  Account,  it  fhall  and  may  be  lawful  for 
the  Court  to  iiTue  an  Attachment  for  fuch  Contempt,  and  to  commit  fuch  Guar- 
dian until  he  or  fhe  fhall  exhibit  fuch  Account. 

XVI.  PROVIDED  always.  That  nothing  herein  before  contained  fhall  be 
conPcrued  to  reftrain  the  Power  of  the  Inferior  Courts  of  Pleas  and  Qiiarter  Sefiions 
in  enquiring,  as  often  as  they  fhall  think  proper,  into  the  Abufes  and  Mifmanagen.ent 
of  Guardians  •,  but  that  it  fhall  be  lawful  for  them  to  execute  fuch  Power  at  any 
Time  or  Times  when  to  them  it  fhall  appear  n^'cefTary  ;  any  thing  in  this  Aft  con- 
tained to  the  contrary  notwithflanding. 

XVII.  AN  D  he  it  further  Enafled,  That  the  Grand  Jury  of  every  County  in 
this  Porvince  fliall,  annually,  at  the  Orphans  Court  to  be  holden  for  their  Counties, 
refpeftively,  be  charged  with,  and  prefent  to  the  Juflices  thereof,  in  Writing^  the 
Names  of  all  Orphan  Children  within  their  Parifh  that  they  fhall  know  have  not 
Guardians  appointed  them,  and  are  not  bound  out  to  fome  Trade  or  Employment; 
and  ail  Abufes,  Mifmanagements  and  Negled  of  fuch  Guardians  as  live  within  their 
County. 

R=afon,iSie  Dif-        XVIII.     A  N  D  he  it  further  Euacted,  hy  the  Authority  aforefaid.  That  it  fhall  and 

I'^wtilcuLians'    may  be  lawful  for   every  Guardian  to  Charge   in  his  Account  all  reafonable  Dif- 

burfements  and  Expences  j  and  if,  upon  rendering  fuch  Account,  it  fliall  appear  to 

the 


I.'eVitwood  may 
be  l»!a,  .ir  Trees 
boxed,  to  pay  the 
Q_i.it  Rents. 


Orphans  Court  to 
b,  held. 


Gmrdians  to  ex- 
hibit their  Ai' 
counts. 


Abufes  pcvented. 


Courts  P.iwer  at 
any  Tjiiis:  to  en- 
q'ure  into  Abu- 
les. 


Grsnd  Jury 
to  g  ve  Arrcount 
of  the  Orphans 
in  theit  I'arilli, 
and  of  Abufes  uf 
their  Eftaies. 


LAWS    of    North-Carolina. 


289 


the  Court  that  fuch  Guardian  hath,  really  and  bona  fide^  difburfed  more  in   one  A.  D.  1762, 
Year  than  the  Profits  of  the  Orphan's  Eftate  do  amount  unto,  for  the  Education 
and  Maintenance  of  fuch  Orphan,  fuch   Guardian  Ihall  be  allowed  and  paid  for 
the  fame  out  of  the  Profits  of  fuch  Orphan's  Eftate  in  any  other  Year. 

XIX.     PROVIDED  always.  That  fuch  Dilbuffements  be,  in  the  Opinion  of  J°  o'/^f^^'^^l" 
fuch  Court,  fuitable  to  the  Degree  and  Circumftances  of  the  Eftate  of  fuch  Or-   eumftlnce"! 
phan ;  and  that  where  fuch  Eftate  fhall  be  of  fo  fmall  Value  that  no  Perfon  will 
educate  and  maintain  him  or  her  for  the  Profits  thereof,  fuch  Orphan  ftiall,  by   ^aiYVft,^^!"'^ 
Direction  of  the  Court,  be  bound  Apprentice;  every  Male  to  fome  Tradefmanj   be  bound  out, 
Merchanr,  Mariner,  or  other  Perfon  approved  by  the  Court,  until  he  (hall  attain  to 
the  Age  of  Twenty-one  Years ;  and  every  Female  to  fome  fuitable  Employment, 
till  her  Age  of  Eighteen  Years  -,  and  alfo,   fuch  Court  may,    in  like  Manner,  bind 
Apprentice  all  free  bafe  born  Children ;  and  -every  fuch  Female  Child  being  a  Mu- 
latto or  Muftee,  until  fhe  fhall  attain  the  Age  of  Twenty-one  Years  :  And  the 
Mafter  or  Miftrefs  of  every  iuch  Apprentice,  Ihall  find  and  provide  for  him  or  her 
Diet,  ^  loathes.  Lodging,  and  Accommodations,  fit  and  neceflary  •,  and  fhall  teach, 
or  caufe  him  or  her  to  be  taught,  to  read  and  write ;  and,  at  the  Expiration  of  his 
or  her  Apprenticefhip,  fhall  pay  every  fuch  Apprentice  the  like  Allowance  as  is  by 
Law  appointed  for  Servants  by  Indenture  or  Cuftom  \  and  on  Refufal,  fhall  be 
compelled  thereto,  in  like  Manner ;  and  if  upon  Complaint  made  to  the  Inferior 
Court  of  Pleas  and  Quarter  SefTions,  it  fhall  appear  that  any  fuch  Apprentice  is 
ill-ufed,  or  not  taught  the  Trade,  ProfefTion,  or  Employment  to  which  he  or  fhe  was 
bound,  it  Ihall  be  lawful  for  fuch  Court  to  remove  and  bind  him  or  her  to  fuch 
other  Perfon  or  Perfons  as  they  ihall  think  fit. 


Manner  of  binde 
ing  Apptentieei* 


XX.  AND  he  it  further  Ena^edy  That  the  binding  of  fuch  Apprentice  by 
Order  of  Court  as  aforefaid,  fhall  be  by  Indenture,  made  in  the  Name  of  the  pre- 
fiding  afting  Juftice  of  the  Court,  and  his  SuccefTors,  of  the  one  Part,  and  of  the 
Mafter  or  Miftrefs  to  whom  he  or  fhe  fhall  be  bound,  of  the  other ;  which  Inden- 
ture fhall  be  acknowledged  or  proved  before  fuch  Court,  and  recorded,  and  a 
Counterpart  thereof  fhall  remain  and  be  kept  in  the  Clerk's  Office  for  the  Benefit  of 
fuch  Apprentice ;  and  that  any  Perlbn  or  Perfons  injured,  may  and  fhall,  at  his  or 
her  Cofts  and  Charges,  profecute  a  Suit  thereon  in  the  Name  of  fuch  Juftice,  or  his 
SuccefTors,  and  recover  all  Damages  which  he  or  fhe  may  have  fuftained  by  Reafon 
of  the  Breach  of  the  Covenants  therein  contained  •,  and  if  any  Verdidt  or  Judgment 
Ihall  pafs  for  fuch  Mafter  or  Miftrefs,  he  or  fhe  fhall  recover  Cofts. 

XXI.  /IND  be  it  further  Kna5led,  by  the  Authority  aforefaid.  That  where  any  Pj^^ff/,  *\7« 
Perfon  who  now  is,  or  hereafter  fhall   be   Security  for  the  Eftate  of  any  Orphan,   likeiy  to  fuffcr, 
fhall  conceive  himfelf  in  Danger  by  Reafon  thereof,  and  Petition  the  Court  where 

fuch  Security  was  entered  into  for  Relief,  it  fhall  be  lawful  for  fuch  Court,  upon 
Petition  to  them  exhibited,  forthwith  to  order  Summons  to  iffue,  againft  the  Pany 
or  Parties  with  and  for  whom  the  Petitioner  ftands  bound,  returnable  to  the  next 
Court  •,  and  thereupon  to  compell  fuch  Party  or  Parties  to  give  fufficient  other  or 
counter  Securities,  to  be  approved  by  the  faid  Court,  or  to  deliver  up  the  faid 
Eftate  to  the  faid  Petitioner,  or  fuch  other  Perfon  as  the  Court  ftiall  direft;  or  they 
may,  and  are  hereby  impowered,  to  make  fuch  other  Order  or  Rule  therein  for  the 
Relief  of  the  Petitioner,  and  better  fecuring  fuch  Orphan^s  Eftate,  as  to  them  fhall 
appear  juft  and  equitable. 


XXII.  PRO  FID  ED  always.  That  fuch  Court  fhall  take  Good  and  fufhci- 
cnt  Security  of  the  Perfon  or  Perfons  to  whom  fuch  Eftate  fhall  be  fo  committed,  in 
like  Manner,  and  under  the  like  Penalty,  as  is  by  this  Adl  required  to  be  taken  of 
Guardians  appointed  by  the  Court ;  and  every  fuch  Perfon  fhall  alfo  exhibit  his  Ac- 
count, and  be  fubjecft  to  the  Rules  and  Orders  of  the  Court,  in  the  fame  Manner, 
to  all  Intents  and  Purpofes,  as  is  herein  before  required  of  Guardians,  or  they  are 
made  fubjed  unto, 

O  o  XXIII.     AND 


Securities  to  be 
taken  when  E- 
ftite  committeA 


290  L  A  IV  S    of    North-Carolina. 

A.  D.  1762.  XXIII  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  all  Lega- 
^  ~v~'-'  cies,  filial  Portions,  diftributive  Shares  of  Inteftates  Eftates,  Sum  or  Sums  of  Mo- 
how  recoverable.'  Hcy,  Or  Other  Eftate,  due  or  owing  from  any  I'erfon  appointed  Guardian  to  any 
Orphan,  or  from  any  Executors  or  Adminillrators,  or  other  Perion  whatfoever, 
fhall  and  may  be  recovered  by  Petition  to  the  Superior  Courts  of  the  Dillricts,  or 
any  Inferior  Courts  of  Pleas  and  Qiiarter  SefTions,  Refpeft  being  had  to  the  Jurif- 
didion  of  the  faid  Court ;  and  that  in  all  Suits  by  Petition  as  aforefaid,  and  in  the 
faid  Courts  refpe6tively,  the  following  Rules  and  Methods  fhall  be  obferved,  to  wit^ 

Rules  of  Court.  THE  Petitioner  fhall  file  his  Petition  In  Court,  upon  exhibiting  the  fame,  and 
thereupon  Summons  fhall  be  iffued  by  the  Clerk  of  Courfe  ;  and  that  upon  the 
Defendant's  being  ferved  therewith,  and  with  a  Copy  of  the  faid  Petition,  he  fhall 
appear  and  put  in  his  Anfwer  or  Plea,  upon  Oath,  or  Demur. 

THAT  upon  an  Anfwer,  Plea,  or  Demurrer  being  filed  as  aforefaid,  the  Peti- 
tioner may  move  the  Court  to  have  the  fame  fet  for  Hearing,  and  immediately  ar- 
gued, and  thereupon  the  Court  fhall  proceed  to  hear  and  determine  the  fame  ac- 
cording as  the  Matter  in  Equity  and  Law  fhall  appear  to  them,  without  Regard 
to  Form,  or  Want  of  Form  in  the  Petition,  Procels,  or  Courfe  of  Proceedings. 

THAT  upon  the  Defendant's  being  ferved  with  a  Summons,  and  a  Copy  of 
the  Petition,  Ten  Days  before  the  Court  to  which  fuch  Summons  is  returnable,  and 
Oath  made  thereof,  if  he  fhall  fail  to  appear  and  plead,  anfwer  or  demur  as  afore- 
faid, the  Petitioner's  Petition  fhall  be  taken  pro  confejfo,  and  the  Matter  thereof  de- 
creed accordingly,  with  Cofls ;  unlefs  on  fpecial  Realbns  fliewn  to,  and  approved 
of  by  the  Court,  Time  fhall  be  allowed  fuch  Defendant  to  file  fuch  Plea,  Anfwer, 
or  Demurrer. 

THAT  upon  the  Petitioner  difmiffing  his  Petition,  or  the  fame  being  difmiffed 
for  Want  of  Prolecution,   he  fliall  pay  Cofls. 

AND  if  any  Defendant  fhall  appear  on  fuch  Summons,  and  fhall  obftinately  re- 
fufe  to  anfwer  the  Petition  of  the  Petitioner,  the  fame  fliall  be  taken /ro  conjejfo^  and 
the  Matter  decreed  as  aforefaid. 

EVERY  Defendant  fliall  be  at  Liberty  to  fwear  to  his  Anfwer  or  Plea  before  any 
Juftice. 

THAT  when  a  Plea  or  Demurrer  fhall  be  over-ruled,  the  Defendant  fliall  file 
his  Anfwer  the  fame  Court. 

THAT  when  the  Petitioner  fhall  be  minded  to  difprove  the  Anfwer  of  the  De- 
fendant and  fupport  his  Claim,  he  may  reply. 

COMMISSIONS  to  examine  Witneftes  may  be  awarded  by  the  Court  after 
Replication  filed,  the  Party  taking  out  fuch  Commillion,  giving  the  adverfe  Party 
Ten  Days  Notice  of  the  Time  and  Place  of  executing  the  lame. 

AND  that  upon  a  Decree  being  made  on  any  fuch  Petition,  it  fhall  and  may  be 
lawful  for  the  Court  who  fliall  make  the  fame,  to  grant  Execution  againft  the  De- 
fendant's Body,  Goods  and  Chattels,  Lands  and  Tenements,  for  latisfying  fuch 
Decree  and  Coils :  Any  Law,   Ufage,  or  Cuflom  to  the  contrary  notwithflanding. 

Appeal  granted,  XXIV.  A  ND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  when  any 
Perfon  fhall  conceive  him  elf  injured  or  aggrieved  by  Order  or  Sentence  of  any  In-, 
ferior  Court,  in  appointing  a  Guardian  to  any  Orphan,  or  in  removing  any  Orphan 
from  the  Care  and  Tuition  of  any  Perfon  who  has  been  appointed  fuch,  or  on  Refuf- 
ing  to  make  fuch  Appointment  or  Removal  as  aforefaid,  he  may  appeal  from  fuch 
Order  or  Sentence  to  the  Court  of  Chancery  of  this  Province,  or  to  the  Superior 
Court  of  the  Diflrid,  at  his  Option  •,  and  the  Party  praying  iiich  Appeal,  fhall  file 
a  Copy  of  the  Proceedings  of  the  Inferior  Court  therein  with  the  Clerk  of  the  Chan- 
cery, or  Clerk  of  the  Superior  Court  (as  the  Cafe  may  be)  Fifteen  Days  before  the 
Sitting  of  fuch  Court,  and  thereupon  it  fliall  and  may  be  lawful  for  the  Court,  to 
which  fuch  Appeal  is  made,  to  proceed  to  re-hear  the  Matter,  and  either  afiirm  or 
reverfe,  fuch  Order  or  Sentence,  and  thereupon  to  award  Execution  for  all  fuch 
Cofls  and  Charges  as  fhall  be  occafioned  by  fuch  Appeal. 

^XV.     PROVIDED 


LAWS    of    North-Carolina. 


291 


D.    1762. 


XXV.     PROF  ID  ED   neverihekfs.  That  the  Party  praying  fuch  Appeal,    ^. 
before  the  fame  ftiall  be  granted  by  the  Inferior  Court,  fliall  enter  into  Bond,  with    ^,  ^„ 
fufficient  Security,  for  profeciiting  fuch  Appeal  with  EfFed ;  and  the  Payment  of  Boll  '"^ "  ^"^ 
all  fuch  Cofts  and  Charges  as  Ihall  be  awarded  againft  him  in  Cafe  he  fhall  be  caft 
in  his  faid  Appeal. 


XXVI.  PROVIDED  alfo.  That  nothing  in  this  Ad  contained  fhall  be 
conftrued  to  refbrain  or  abridge  the  Power  of  the  faid  Court  of  Chancery,  in  any 
Matter  or  Thing  relating  to  Orphans  or  their  Eftates ;  but  the  faid  Court  fliall  and 
may  hold,  ufe,  exercife  and  enjoy,  the  fame  Jurifdiiftions,  Powers  and  Authorities 
therein,  in  as  full  and  ample  Manner,  to  all  Intents  and  Purpoles,  as  if  this  A<!^ 
had  never  been  madej  any  Thing  herein  contained  to  the  contrary  notwithftanding* 


Court  <f  Chani 
ccry's  Power  not 
abildgcd. 


CHAP.     VL 

An  Aui  for  making  Provi/ion  for  an  Orihodox  Clergy.     REP. 

CHAP.  7.  An  A'lfor  the  further  ccniimiing  and  amending  an  Aul  For  appoint- 
ing a  Militia ;  and  alfo  to  continue  one  other  Abl^  intituled.,  An  A6t  to  amend  and 
continue  an  A(5l,  intituled,  An  Act  for  appinting  a  Militia.     EXP. 

8 .     An  Act  appointing  the  Method  of  dijlributing  Intejlates  Eflates.  REP* 


CHAP.     IXi 

An  Act  for  the  more  eafy  Recovery  of  Money  due  upon  promifory  Notes,  and  to  rendef 

fuch  Notes  negotiable. 

I.  TTTTHEREAS  promifory  Notes  are  of  great  Utility,  as  well  to  Merchants    Pf"mWe. 

V  V  ^s  others,  and  there  being  no  Method  of  recovering  Money,  fpecified  in 
fuch  Notes,  by  any  Ad  of  Affembly  in  Force  in  this  Province :  JBor  Remedy 
whereofj 


ll.  BE  it  therefore  EnaHed,  hy  the  Governor.,  Council.,  and  Afjemlly.,  and  hy  the 
Authority  of  the  fame.,  That  all  Notes  figned  by  any  Perfon  or  Perfons,  Body  poli- 
tic or  corporate,  or  by  the  Servant  or  Agent  of  any  Corporation,  Banker,  Merchant 
or  Trader,  who  is,  or  fhall  be  ufually  intruded  to  fign  fuch  promifory  Notes  for 
them,  whereby  fuch  Perfon  or  Perfons,  Body  politic  or  corporate,  or  the  Servant 
or  Agent  of  any  Corporation,  Banker^  Merchant,  or  Trader,  fliall  promife  to  pay 
any  Perfon  or  Perfons,  Body  politic  or  corporate,  or  the  Servant  or  Agent  of  any 
Corporation,  Banker,  Merchant,  or  Trader^  or  Order  ♦,  the  Money  mentioned  in 
fuch  Note,  fha'l  be  conflrued  to  be,  by  Virtue  thereof,  due  and  payable  to  fuch 
Perfon  or  Perfons,  Body  politic  or  corporate,  or  the  Servant  or  Agent  of  any  Cor- 
poration, Banker,  Merchant,  or  Trader,  to  whom  the  fame  is  made  payable  ;  and 
alfo,  fuch  Note  payable  to  iuch  Perfon  or  Perfons,  Body  politic  or  corporate,  or 
the  Servant  or  Agent  of  any  Corporation,  Banker,  Merchant,  or  Trader,  or  Order^ 
may  be  aiTignable  over  in  like  Manner  as  In-land  Bills  of  Exchange  are  by  Cuftom 
of  Merchants  in  E::gland ;  and  the  Perfon  or  Perfons,  Body  politic  or  corporate, 
or  the  Servant  or  Agent  of  any  Corporation,  Banker,  Merchant,  or  Trader,  to  whom 
fuch  Money  is  or  fliall  be  payable,  may  maintain  an  Adion  for  the  fame,  as  they 
might  upon  fuch  Bill  of  Exchange,  and  the  Perfon  or  Perfons,  Body  politic  or 
corporate,  or  the  Servant  'or  Agent  of  any  Corporation,  Banker,  Merchant,  or 
Trader,  to  whom  fuch  Note  fo  payable  to  Order  is  alFigned  or  indorfed,  may 
maintain  an  Adion  againft  the  Perfon  or  Perfons,  Body  politic  or  corporate,  or  the 
Servant  or  Agent  of  any  Corporation,  Banker,  Merchant,  or  Trader,  who  figned, 
or  fhall  fign  fuch  Note,  or  any  who  fhall  or  have  indorfed  the  fame,  as  in  Cafes  of 
In-land  Bills  of  Exchange,  and  recover  Damages,  and  Cofts  of  Suit;  and  in  Cafe 
of  Non-Suit,  or  a  Verdid  Ihould  pafs  againft  the  Plaintiff,  the  Defendant  fhall 
-recover  Cofts.  O  o  i  III.     AND, 


Metind  of  ft.etO« 
very  "n  Piomifa* 


\()2 


L  A  IV  S     of    North-Carolina. 


A.  D.    1762. 

Jiidgir.ents  alrea- 
dy letovered  va- 
lid- 


III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Judgments 
heretofore  recovered  in  any  Court  of  Law  within  this  Province,  on  any  luch  pro- 
mifory  Note  or  Notes,  fhall  be  good  and  valid,  to  all  Intents  and  Purpofes,  and 
fhall  not  be  reverfed  for  any  Matter  or  Caufe  relating  to  fuch  Note  or  Notes  ;  and 
all  Adtions  heretofore  commenced  in  any  of  the  faid  Courts  on  any  promiibry  Note 
or  Notes,  and  not  already  determined,  fhall  be  profecuted,  carried  on,  and  Judg- 
ment thereupon  had,  in  like  Manner  as  is  directed  for  the  Recovery  of  Money  due 
upon  promifory  Notes  by  an  A6t  of  Parliament  made  in  the  Third  and  Fourth. 
Years  of  the  Reign  of  her  late  Majefly  Queen  Anne^  for  making  fuch  Notes 
negotiable. 


Notes  negotiable.  IV.  A  IN  D  be  it  further  Eita^ed,  by  the  Authority  aforefdd^  That  when  any  Per- 
fon  or  Perfons  fhall,  by  Order  in  Writing,  figned  by  his  or  their  proper  Hand, 
diredl  the  Payment  of  any  Sum  or  Sums  of  Money,  in  the  Hands  or  PofTclTion  of 
any  other  Perfon  or  Perfons,  to  the  Bearer,  or  any  Perfon  or  Perfons  whatfoever, 
the  Money  therein  fpecified,  ihall,  by  Virtue  thereof,  be  due  and  payable  to  fuch 
Perfon  or  Peribns  to  whom  the  fame  is  drawn  payable,  and  may  be  put  m  Suit 
againfl  the  Perfon  or  Perfons  who  fhall  draw  the  fame,  or  againft  the  Perfon  or 
Perfons  on  whom  the  fame  fhall  be  drawn,  after  Acceptance  thereof  by  him  or  them 
to  whom  the  fame  fhall  be  made  payable,  and  recover  Damages. 


Pfovifo,  to  be 
■fiift  ptotefied  be- 
fore fuit  brought 
for  Rtcovcry. 


Preamble. 


Plant'.ff's  Attor- 
ney n.ay  be  fum- 


V.  P  ROV  ID  ED  neverthelefs^  That  no  Perfon.  or  Perfons  v/hatfoever,  fhall 
profecute  any  Suit  againfl  any  Perfon  or  Perfons,  who  fhall  give  fuch  Order,  for  the 
Money  therein  mentioned,  before  the  fame  fhall  have  firft  been  protefled  for  Non- 
Acceptance,  and  Notice  given  thereof  to  the  Drawer,  before  fuch  Suit  fhall  be 
brouo-ht ;  and  if  any  Suit  fhall  be  brought  on  any  fuch  Order  before  Notice,  and 
Refufal  to  pay  as  aforefaid,  the  Plaintiff  or  Plaintiffs  fhall  be  Non-Suit,  and  pay 
Cofls. 

CHAP.     X. 

An  AEI  to  amend  an  A7,  intituled^  An  A6t  for  the  Relief  of  poor  Debtors,  as  to 
the  Imprifonment  of  their  Perfons-,  faffed  the  Fourteenth  Day  of  April,  in  the. 
Tear  of  our  Lord  One  I'houfand  Seven  Hundred  and  Forty-nine. 

I.  TT7HEREAS  by  the  before  recited  Adl,  the  Court  of  the  County  where 
y  Y  any  fuch  Debtor  is  imprifoned  on  Mefne  Procefs,  or  Execution,  or  in 
the  Vacation  of  luch  Court,  any  Two  Juflices  may,  under  the  Rules  and  Diredi- 
ons  therein  mentioned,  fet  at  Liberty  and  difcharge  any  fuch  poor  Debtor  that  hath 
not  the  Value  of  Forty  Shillings  Sterling  Money,  in  any  worldly  Subfhance  •,  or 
that  fhall  be  minded  to  deliver  up  all  his  or  her  Eifedts  to  his  or  her  Creditor  on 
whofc  Suit  any  fuch  Debtor  is  imprifoned  ;  the  faid  Creditot  being  firfl  perfonally 
fummoned  to  appear,  to  fhew  Caufe,  if  any  he  or  flie  hath,  why  fuch  Debtor  fliail 
not  have  the  benefit  of  the  faid  Ad ;  which  Summons,  fome  Times,  cannot  be 
ferved,  by  Reafon  of  fuch  Plalntif?^  or  Creditor  living  or  being  out  of  the  Province, 
which  diiables  fuch  poor  Debtor  from  having  the  Relief  intended  by  laid  Adt :  For 
Remedy  whereof, 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affcmbly,  and  by  the  Authority 
of  the  fame.  That  where  any  fuch  Plaintiff  or  Creditor  lives  or  refides  out  of  thi^ 
Province,  or  is  fo  removed  that  a  Summons  cannot  be  ferved  on  him  or  her,  it  fliall 
and  may  be  lawful  for  the  Court  from  whence  fuch  Procefs  ifTued,  to  fummons  the 
Attorney  of  fuch  Plaintiff  or  Creditor  in  the  Room  and  Stead  of  fuch  Plaintiff  or 
Creditor,  to  fhew  Caufe,  if  any  he  hath,  v/liy  fuch  Debtor  fhould  not  be  fet  at  Li- 
berty and  difcharged  agreeable  to  the  before  recited  Ad-,  which  faid  Summons 
fhall  be  execut(?d  at  leafl  Jen  Days  before  the  Sitting  of  the  Court  to  which  the 
fiime  is  made  returnable;  and  after  fo  flimmoning  fuch  Attorney,  the  faid  Court  are 
hereby  direded  to  fet  at  Liberty  and  difcharge  fuch  poor  Debtor  agreeable  to  tJie 
before  recited  Ad ;  any  Thing  herein  contained  to  the  contrary  notwithftanding. 

C  H  A  P.     XL 


LAWS    ^North-Carolina. 


CHAP.    XL 


An  AJi  to  amend  and  further  continue  an  A5f^  intituled.  An  Ad  for  facilitating  the 
Navigation  of  Port  Bath,  Port  Roanoke,  and  Port  Beaufort  •,  pajfed  the  Thirty^ 
firjl  Day  of  May,  One  Thoufand  Seven  Hundred  and  Fifty-two,  for  Five  Tears, 
E  X  P.    ^ 


293 


A.  D.    1762^ 


CHAP.     XII. 

An  Af?  for  dividing  the  County  cf  Anfon,  and  other  Purpofes 

HERE  AS  by  Reafon  of  the  large  Extent  of  the  County  of  Anfon,  it  is  Private." 
greatly  inconvenient  for  the  Inhabitants  to  attend  the  Court  of  the  atore- 

unty,  General  Muilcrs,  and  other  public  Duties  by  Law  required: 


faid  C\ 


MecklenSurg 
CouQCy  er;fled. 


Courts 
held. 


to  6« 


II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  it  is 
hereby  Enacted,  by  the  Authority  of  the  fame.  That  from  and  after  the  Firft  Day  of 
February,  the  faid  County  of  Anfon  ihall  be,  and  is  hereby  divided  into  Two  dillin6t 
Counties,  by  a  Line  beginning  at  Lord  Carteret's  Line,  Six  Miles  JSorth-Eaft  from 
Captain  Charles  Harth  Plantation  on  B.iffelo  Creek,  and  to  run  from  thence  to  the. 
Mouth  of  Clear  Creek,  v/hich  empties  it  elf  into  Rockey  River,  below  Captain  Adam 
Alexander's;  and  from  thence,  due  South,  to  the  Bounds  of  the  f  rovince  oi South- 
Carolina  :  And  that  all  that  Part  of  laid  County  which  lies  to  the  Eaftward  of  faid 
Dividing  Line,  fliall  be  a  diftinct  County,  and  remain  and  be  called  by  the  Name 
oi  Anfon  County  -,  and  that  all  that  Part  of  the  faid  County  lying  to  the  U/eftward 
of  faid  Dividing  Line,  lliall  be,  thenceforth,  one  other  diilintt  County,  and  called 
by  the  Name  of  Mecklenburg. 

,  III.  AND  he  it  further  EnaHed,  by  the  Authority  aforefaid.  That  after  the  faid 
Firft  Day  of  February  next,  a  Court  for  the  faid  County  of  Anfon  fha',1  be  conftant- 
ly  held  by  the  Jullices  thereof,  at  fuch  Place  as  ihall  be  laid  of  and  agreed  upon 
by  the  Commilfioners  herein  after  mentioned,  for  direding  and  agreeing  with 
"Workmen,  for  building  the  Public  Buildings  for  the  faid  County  of  'Anfon,  or  the 
Majority  of  them,  upon  the  Days  and  Times  by  Law  appointed  for  that  Purpofe  : 
And  alio,  that  a  Court  for  the  laid  County  of  Mecklenburg,  (hall  be  conftantly  held 
by  the  Jufrices  thereof,  at  fuch  Place  as  ihall  be  laid  off  and  agreed  upon  by  the 
Comminioners  herein  after  named,  for  the  direding  and  agreeing  with  Workmen 
for  building  the  Public  Buildings  for  the  faid  County  of  Mecklenburg,  upon  the 
Third  Tuefdays  in  January,  Api',  July  and  Oticher,  in  every  Year,  as  by  the  Laws 
of  this  Province  is,  or  ihall  be  provided,  and  by  CommiiTicn,  ihall  be  direded,  to 
the  Juftices  of  the  faid  Counties,  refpedively. 

IV.  A  ND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  nothing  herein 
contained  ihall  be  conftrued  to  debar  the  Sheriff  of  the  faid  County  of  /infon,  as  it 
now  ftands  undivided,  to  make  Diil:rcfs  for  any  Levies,  Fees,  or  other  Duties,  that 
ihall  be  due  from  the  Inhabitants  of  the  faid  County  on  the  faid  Firft  Day  of  Fe- 
bruary, in  the  fame  Manner  as  he  could  or  might  have  done  by  Law  if  the  faid 
County  had  remained  undivided  •,  and  the  faid  Levies,  Fees,  and  other  Duties,  ihall 
be  accounted  for,  in  the  fame  Manner  as  if  this  Ad  had  never  been  made  s  any 
Thing  herein  contained  to  the  contrary  notwithftanding.       '' 

V.  P  ROV  ID  ED  always.  That  nothing  herein  contained  ihall  be  conflrued,  Royai   Prtro?». 
deemed,  or  taken,    to  alter  or  derogate,    from  the  Right  and  Royal  Prerogaiive  of  ''"f  °f  i"^"'?"' 
his  Majefty,  hi.  Heirs  or  SucceiTors,  of  granting  Letters  of  Incorporation  to  the  "'""  "'  * 
faid  County  o{  Mecklenburg,  and  of  ordering,  appointing,  and  direding  the  Eledion 

of  Members  to  reprcfent  the  fame  in  AiTembly,  and  granting  Markets  and  Fairs  to 
be  kept  and  held  in  the  faid  Counties,  refpedively  ;  but  that  the  faid  Right  and 
Prerogative  fnail  and  may,  at  all  Times  hereafter,  be  exercifed  therein  by'^his  faid 

Majefty, 


Mecklcnburgh 
Court    Djys    al- 
tered,  by   Aift 
1763,    Chap.  2.' 


Sheriff  to  diflrers 
for  T.ixcs  as  be- 
fore tha  Divifion» 


2 94  LAWS    of    North-Carolina. 

A.  D.   1762.    Majefly,  his  Heirs  and  Succeflbrs,  in  as  full  and  ample  Manner,  to  all  Intents  and 
^*'^~'-''     Purpofes  whatfoever,  as  if  this  Adl  had  never  been  made,     (a) 

commiftioners  VII.  AND  be  it  further  Enabled,  hy  the  Authority  aforefaid^  That  Anthony  Hut- 
SurS^HouLf '  chins,  Stephen  Jackfon,  Walter  Gibfon,  James  Hutchins,  and  Samuel  French,  the  Sur- 
&c.  vivors  or   Survivor  of  them,  be,  and  are  hereby  appointed  Commiffioners,  and 

impowered  and  direded  to  agree  and  contradt  with  Workmen  for  erefling  and 
building  a  Court-Houfe,  Prifon,  and  Stocks,  for  the  Ufe  of  the  faid  County  of 
Anfon  :  And  tliat  Robert  Harris,  fen.  Robert  M'-Clannaban,  Richard  Berry,  Natha- 
niel Alexander,  Abraham  Alexander,  John  Frohock,  and  Thomas  Polk^  the  Survivors 
or  Survivor  of  them,  be,  and  are  hereby  appointed  Commiffioners,  and  impowered 
and  directed  to  agree  and  contraft  with  Workmen,  for  erefting  and  building  a  Court 
Houfe,  Prifon,  Pilory,  and  Stocks,  for  the  Ufe  of  the  faid  County  of  Mecklenburg. 

Tax  laid  for  VIII.  AND  for  reimburfing  the  faid  Commiffioners  the  Money  they  fliall  ex- 
pend  in  erecting  the  faid  Buildings  •,  Be  it  further  Enaued,  by  the  Authority  aforefaid. 
That  a  Poll  Tax  of  Three  Shillings,  Proclamation  Money,  per  Annum,  fhall  be 
levied  on  each  Taxable  Perfon  in  the  faid  Counties,  refpeftively,  for  Two  Years 
next  after  the  Firft  Day  of  February  next ;  and  that  all  Perfons  in  either  of  the  faid 
Counties,  who  fhall  negled  to  pay  the  faid  Tax  till  after  the  Tenth  Day  oi  March, 
in  each  Year,  fhall  thereafter  be  liable  to  the  fame  Diflrefs  as  for  Non-Payment  of 
Public  Taxes;  and  the  Sheriff  of  each  of  the  faid  Counties  is  hereby  required  and 
directed,  on  or  before  the  Tenth  Day  of  June,  in  the  faid  Years,  refpeftively,  to 
account  for,  and  pay  the  Money  fo  by  him  to  be  coUefted,  to  the  Commiffioners 
aforefaidj  after  deducting  Six  per  Cent,  for  his  Trouble  in  colleding  the  fame ;  that 
is  to  fay,  fo  much  thereof,  as  fhall  be  levied  on  the  Taxable  Perfons  of  the  County 
of  Anfon,  to  the  aforefeid  Anthony  Hutchins,  Stephen  Jackfon,  Walter  Gibfon,  James 
Hutchins,  and  Samuel  French,  the  Survivors  or  Survivor  of  them  -,  and  luch  Part  of 
the  fame  as  fhall  be  levied  on  the  Taxable  Perfons  in  the  County  of  Mecklenburg, 
to  the  aforefaid  Robert  Harris,  fen.  Robert  M'-Clannahan,  Richard  Berry,  Nathaniel 
Alexander,  Abraham  Alexander^  John  Frohock,  and  Thomas  Polk,  the  Survivors  or 
Survivor  of  them-,  and  in  Cafe  of  Failure  orNegledl  therein  by  the  Sheriff",  he  fhall 
be  liable  to  the  fame  Penalties,  Reflriftions,  Procefs  and  Remedy,  for  enforcing 
the  Payment  thereof,  as  by  Law  may  be  had  againfl  Sheriffs  who  negled  or  refufe 
to  account  for  and  pay  public  Taxes. 

Surplus  appropri-  IX.  PROVIDED  neverthekfs.  That  if  the  Money  fo  to  be  colleded  fhall 
be  more  than  fufHcient  to  anfwer  the  Purpofes  aforefaid,  the  faid  Commiffioners 
refpedively,  fhall  account  for,  and  pay  the  Overplus  thereof  to  the  Juflices  of  the 
Court  of  the  County  for  which  they  are  hereby  appointed  Commiffioners;  to  be 
applied  towards  defraying  the  contingent  Charges  of  fuch  County. 

Sheriff  of  Anfan  X.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sheriff  of 
Jhe'^soutLrn'''  ^^""^  County  of  Anfon,  for  the  Time  being,  after  the  faid  Tenth  Day  of  June,  fliall 
Treafurer.  account  with,  and  pay  to  the  public  Treafurer  of  the  Southern  Diflrict  of  this  Pro- 

vince, all  public  Taxes  by  him  collefted,  under  the  like  Rules  and  Reflriftions, 
Pains,  Penalties,  Procefs  and  Remedy,  as  other  Sheriffs  are  by  Law  fubjed  to  in 
like  Cafes. 

Procefs  continued  XI.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  all  Cau fes, 
Houiir'"'^"'"'"  Pleas,  Writs,  Adions,  Suits,  Plaints,  Procefs,  Precepts,  Recognizances,  and  other 
Matters  and  Things  in  the  faid  Court  of  Anfon  depending,  from  and  immediately  af- 
ter the  Firft  Day  of  February  aforefaid,  fhall  ftand  adjourned  and  continued  from  the 
prefent  Court-Houfe  of  the  faid  County  to  fuch  Place  as  the  Commiffioners,  or  the 
Majority  of  them  for  the  County  of  Anfon  aforefaid,  fhall  fo  appoint,  lay  off,  and 
agree  upon  ;  and  all  Appearances  and  Returns  of  Procefs  fhall  be  made  on  the  Day 

by 


(a)  The  6th  Claufe  of  this  Aft  provided  for  by  the  Road  h&.. 


L  A  V/  S    of    North -Carolina. 


205 


A.  D.    1762. 


by  Law  appointed  for  holding  the  faid  Court,  to  the  Fourth  Tuefday  in  April  next  -, 
and  all  Suitors  and  Witneifes  bound  to  app-ar  thereat,  in  the  fame  Manner  as  if 
the  faid  Court  had  not  been  removed  from  the  prefent  Court-Houfe ;  and  all  fubfe- 
quent  Procefs  which  Ihall  or  may  ifuie  on  any  A6lion  already  commenced  and  not 
determined  in  the  faid  Court  of  Anfon^  fhall  be  directed  to,  and  executed  by  the 
Sheriff  of  Anjon  County,  to  the  final  Determination  of  fuch  Caufes ;  any  Law, 
Ufage,  or  Cultom  to  the  contrary  notwith (landing. 

XII.  AND  be  it  further  Enacted,    by_  the  Authority  aforefaid.   That  after  the  Meci<ienh„r? 
faid  Firft  Day  of  February^  the  County  oi'  Mecklenburg  fliall  be  continued  and  re-  P"'  "^  '^e  s.iif. 
main  Part  of  the  Diftrift  of  the  Superior  Court  of  Juftice  for  the  Diftrid  of  Salijlury,  ''""'  ^''^'"'^' 
and  the  Juftices  of  the  faid  Inferior  Court  of  Mecklenburg  fliall,  and  they  are  hereby 

direftcd,  before  every  Superior  Court  held  for  the  Diilrift  aforelaid,  to  nominate  iT^llnl^"'"'" 
and  appoint  Eleven  Freeholders  to  ferve  as  Grand  and  Petit  Jurors  at  fuch  Superior 
Court :  A  Lift  ot  which  Jurors  fo  nominated,  fliall  be  delivered  by  the  Clerk  of 
fuch  Court  to  the  Sheriff;  who  flaall,  and  is  hereby  required,  to  fummons  the  Per- 
fons  fo  nominated  to  ferve  as  Jurymen  at  the  faid  Superior  Court ;  which  Jurymen 
fo  nominated,  fliall  have  and  receive  the  fame  Allowance,  and  fhall  be  under  the  ' 
fame  Rules,  Fines,  and  Reftiridions,  as  other  Jurymen  are  in  the  refpedlive  Coun- 
ties of  this  Province. 

XIII.  AND  be  it  further  EnaSJed,  by  the  Authority  aforefaid.  That  it  fliall  and   jurors  for  Rowaa 
may  be  lawful  for  the  Inferior  Court  of  Pleas  and  Quarter  Seflions  of  the  Counties    ^"'^Aafon. 

of  Roivan  and  Anfon^  for  the  future,  to  nominate  and  appoint  the  following  Number 
of  Freeholders  to  ferve  as  Grand  and  Petit  Jurors,  at  the  Difl:rict  of  Salijhury  afore- 
faid  i  that  is  to  fay.  Rowan  Eighteen,  and  Anfon  Seven  ;  any  Law,  Ufao-e,  or  Cuf- 
tom  to  the  contrary  notwithftanding. 


CHAP.     XIII. 

An  A-l  for  ejlablifiing  a  'Town  on  the  Land  of  William  Herritage,  at  a  Place  called 
Atkins'j  Banks^  in  Dobbs  County. 

I.  TT  7  HERE  AS  it  has  been  reprefented  to  this  Afl'embly,  that  the  Land  of  Private* 

VY  IVilUam  Herritage,  lying  on  the  North  Side  of  Neufe  River,  at  a  Place 
called  Atkins's  Banks,  in  Dobbs  County,  is  a  pleafant  and  healthy  Situation,  and 
commodious  for  Trade  and  Commerce ;  and  the  faid  William  Herritage  havino-  ac- 
knov/ledged  his  free  Conlent  to  have  One  Hundred  Acres  of  the  faid  Land  laid  off 
for  a  Town,  and  Fifty  Acres  for  a  Town  Common,  which  will  greatly  promote  the 
Trade  of  the  faid  River  : 

II.  BE  it  therefore  Enacted  by  the  Governor,  Council,  and  /jffembly,  and  by  the   K-ngdon ereaed. 
Aithority  of  the  fame.  That  the  Dirc6lors  or  Truftees  herein  after  appointed,  or  a 

Majority  of  them,  fliall,  fo  foon  as  may  be,  after  the  paffing  of  this  Ad,  cau'e  the 
faid  One  Hundred  Acres  of  Land  to  be  laid  off  in  Lots  of  half  an  Acre  each,  with 
convenient  Streets,  Lanes,  and  Allies,  referving  one  Acre  and  a  Half  of  the  faid 
Land  whereon  the  Chappel  and  public  Warehoufe  now  ftands,  for  their  refpeftive 
Ufes ;  which  Land  fj  laid  off,  according  to  the  Diredions  of  this  Ad,  is  hereby 
conftituted,  ereded,  and  efl:abiiflied  a  Town,  and  fliall  be  called  by  the  Name  of 
Kingjlon. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  from  and  af-      D-reaors  a^^ 
ter  the  paffing  of  this  Ad,  Francis  M-Lewean,  Richard  Cafwell,  Simon  Bright,  jun.    P°'"'"*' 
John  Shine,  and  David  Gordon,  be,  and  they,  and  every  of  them,  are  hereby  con- 
ftituted Diredors  and  Truftees,  for  defigning,  building,  and  carrying  on  the  faid 

Town  •,  and  they  fliall  ftand  feized  of  an  indefeafible  Eftate,  in  Fee,  of  the  faid 
One  Hundred  and  Fifty  Acres  of  Land,  to  and  for  the  Ufes,  Intents,  and  Purpo- 
fes,  hereby  expreffed  and  declared  j  and  they,  or  any  I'hree  of  them,  fliall  have 

Power 


ig6 


LAWS    of    North-Carolina. 


lot!  to  t>e  drawn. 


Tirie   of  faving 
iott. 


A.  D.  1764.  Power  and  Authority  to  meet,  as  often  as  they  (hall  think  neceflary,  and  caufe  a 
Plan  thereof  to  be  made  •,  and  therein  to  infert  a  Mark  or  Number  to  each  Lot : 
And  as  foon  as  the  faid  Town  fhall  be  laid  off  as  aforefaid,  they,  and  each  of  them, 
fliall  have  Power  to  take  Subfcriptions  for  the  faid  Lots,  ot  fuch  Perfons  as  are 
willing  to  fubfcribe  for  them  i  And  when  the  faid  Diredtors  have  taken  Subfcrip- 
tions for  Fifty  Lots,  or  upwards,  they  Ihall  appoint  a  Day,  and  give  public  No- 
tice to  the  Subfcribers  of  the  Day  appointed  for  the  Drawing  of  the  faid  Lots  •,  which 
fliall  be  done  by  Ballot,  in  a  fair  and  open  Manner,  by  the  Directions,  and  in  the 
Prefence  of  the  Majority  of  the  faid  Directors,  at  leaft  j  and  fuch  Subfcriber  fhall 
be  intitled  to  the  Lot  or  Lots  which  fliall  happen  to  be  drawn  for  him,  and  corre- 
fpond  with  the  Mark  or  Number  contained  in  the  Plan  of  the  faid  Town  *,  and  the 
faid  Directors,  or  a  Majority  of  them,  fliall  make  and  execute  Deeds  for  granting 
and  conveying  the  faid  One  Hundred  Acres  of  Land,  in  Half  Acres,  as  aforefaid, 
to  the  Subfcribers,  their  Heirs  and  Afligns,  for  ever,  under  the  Rules,  Reftrictions 
and  Provifo's,  hereafter  mentioned  j  and  alfo  to  every  other  Perfon  who  fliall  pur- 
chafe  any  other  Lot  or  Lots  in  the  faid  Town,  at  the  Cofl:  and  Charges  of  the 
Grantee  to  whom  the  faid  Lot  or  Lots  fliall  be  conveyed  ;  and  every  Perlon  claim- 
ing any  Lot  or  Lots  by  Virtue  of  any  fuch  Conveyance,  fhall  and  may  hold  and 
enjoy  the  fame,  in  Fee-Simple. 

IV.  PROVIDED  neverthetefs.  That  every  Grantee  of  any  Lot  or  Lots  in 
the  faid  Town  fo  conveyed,  fliall,  within  Three  Years  next  after  the  Date  of  the 
Conveyance  for  the  fame,  eredt,  build,  and  finifh,  on  each  Lot  fo  conveyed,  one 
well  framed  or  Brick  Houfe,  Sixteen  Feet  fquare  at  the  leaft,  and  Nine  Feet  Pitch 
in  the  Clear,  with  a  Brick  or  Stone  Chimney,  or  proportionable  to  fuch  Dimenfi- 
ons,  if  fuch  Grantee  fliall  have  Two  or  more  Lots  contiguous ;  and  if  the  Owner  of 
any  Lot  or  Lots  fliall  fail  to  comply  with  the  Diredions  in  this  Aft  prefcribed  for 
building  and  finifliing  a  Houfe  thereon ;  fuch  Lot  or  Lots  upon  which  a  Houfe 
fliall  not  be  built  and  finilhed  as  aforefaid,  fliall  be  free  for  any  other  Perfon  or 
Perfons  to  take  up,  in  the  fame  Manner,  and  under  the  like  Rules  and  Reflriftions, 
as  other  Lots  are  direfted  to  be  granted  to  any  other  Perfon  or  Perfons  after  the 
Subfcription  Lots  are  drawn  for  :    And  in  Cafe  any  Perfon,   Owner  of  a  faved  Lot 

J'orrutoVwher!  Or  Lots  in  the  faid  Town,  fliall  die  without  Heir,  or  legally  difpoflng  thereof,  then, 
no  Heirs. '  ^^d  in  fuch  Cafe,  fuch  Lot  or  Lots  fhall  revert  and  come  to  the  faid  William  Her- 

ritage,  his  Heirs  and  AfTigns  •,  any  Thing  in  this  Aft  contained  to  the  contrary 

notwithftanding. 

V.  JND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  each  refpeftive 
Subfcriber  who  fliall  fubfcribe  for  any  Lot  or  Lots  in  the  faid  Town,  fliali,  within 
one  Month  after  it  fliall  be  afcertained  to  whom  each  of  the  faid  Lots  doth  belong, 
in  Manner  herein  before  mentioned,  pay  and  fatisfy  to  the  Treafurer  of  the  faid 
Town,  Forty-five  Shillings,  Proclamation  Money,  for  each  Lot  by  him  fubfcribed 
for  :  And  in  Cafe  of  the  Refufal  or  Negleft  of  any  Subfcriber  to  pay  the  faid  Sum, 
the  Treafurer  fliall  and  may  commence  and  profecute  a  Suit  in  his  own  Name,  for 
the  fame,  and  therein  fliall  recover  Judgment,  with  Cofts  of  Suit :  And  the  faid 
Treafurer  fliall,  as  foon  as  he  receives  the  faid  Money,  pay  and  fatisfy  to  the  faid 
William  Herritage,  his  Executors,  Adminiftrators  or  Afligns,  the  Sum  of  Forty 
Shillings,  Proclamation  Money,  for  each  Lot,  in  full  Satisfaftion  for  the  faid  Land  j 
and  the  other  Five  Shillings  fliall  be  applied  towards  defraying  the  Expences  of  lay- 
ing off  and  improving  the  faid  Town,  as  a  Majority  of  the  Direftors  fliall  think 
neceffary. 

VI.  AND  he  it  further  Ena5led,  hy  the  Authority  aforefaid.  That  Francis  Mack- 
lewean  be,  and  is  hereby  appointed  Treafurer  of  the  faid  Town ;  who  fliall  enter 
into  Bond  with  fufficient  Security,  to  the  Juftices  of  the  Inferior  Court  of  the  faid 
County  of  Dobbs,  in  the  Penal  Sum  of  Three  Hundred  Pounds,  that  he  will  well 
and  truly  account  with,  and  pay  the  Monies  he  fliall  receive  in  Virtue  of  his  Office, 
to  fuch  Perfon  and  Perfons  as  by  this  Aft  he  is  directed :  And  on  the  Death  or  Re- 
moval 


Price  of  Lots  to 
be  paid  to  the 
Tieafurer. 


And  Proprietor. 


"Tireifurer  »p- 
yointed. 


LAWS    of    North-Carolina. 


•97 


moval  out  of  the  County  of  the  faid  Treafurer,  the  remaining  Diredors,  or  any 
Three  of  them,  by  Certificate  under  their  Hands  and  Seals,  Ihall  nonfinate  and 
appoint  one  other  of  the  faid  Dire6tors  to  be  Treafurer  of  the  faid  Town  ;  and  fo 
in  hke  Manner,  from  Time  to  Time,  as  often  as  the  faid  Office  fhall  become  va- 
cant as  aforefaid ;  and  fuch  Treafurer  or  Treafurers  fhall  enter  into  Bond,  with  Se- 
curity, in  the  fame  Manner  as  the  Treafurer  by  this  A6t  appointed. 

VII.  AND  for  continuing  the  Succeffion  of  the  faid  Direftors  until!  the  faid 
Town  fhall  be  incorporated  ;  Be  it  further  Ena"ed^  by  the  Authority  aforefaid^  That 
in  Cafe  of  the  Death,  Refufal  to  aft,  or  Removal  out  of  the  County,  of  any  of  the 
faid  Directors,  the  remaining  Directors,  or  the  Majority  of  them,  fhall  affemble, 
and  are  hereby  impov/ered,  trom  Time  to  Time,  by  Inftrument  in  Writing,  under 
their  Hands  and  Seals,  to  nominate  fome  other  Perfon,  being  a  Freeholder  in  the 
faid  Town,  in  the  Place  of  him  fo  dying,  refufuig  to  ad:,  or  removing  out  of  the 
County ;  which  new  Direftor  fo  nominated  and  appointed,  fliall  from  'thenceforth, 
have  the  like  Power  and  Authority,  in  a!l  Things  in  the  Matters  herein  contr.ined, 
as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this  A6t. 


A.  D.   1762. 


SucctfTion  of  Di- 
ledlorstonilaued. 


Campbellton 
tcftcd. 


CHAP.     XIV. 

Jn  A^  for  eftablifhing  a  Town  on  the  Lands  of  John  ajtd  William  Ruffell,  Minors^ 
Sons  of  John  Rulfell,  decea/ed,  on  the  Wefl  Side  of  the  North- Weft  Branch  of 
Cape-Fear  River,  near  the  Month  of  Crcfs-Creei^  by  the  Name  of  Campbellton, 
and  other  Purpofes. 

1.  TT  7  HERE  AS  the  eflablifhing  a  Town  on  the  Lands  of  John  and  William    PtWate, 

y  Y  Ri^ff^lk  Minors,  Sons  of  John  Rujfell,  deceafed,  on  the  IVeJi  Side  of  the 
North-lVefl  Branch  of  Cape-Fear  River,  near  the  Mouth  oi'  Crofs  Creek,  will  greatly 
encourage  honeft  and  able  Traders  to  rende  therein  ;  by  Means  whereof,  the  Trade 
of  the  Counties  of  Anfon  and  Rowan,  which  atprefent  centers  in  Charles-Town,  Sotith- 
CaroHnay  to  the  great  prejudice  of  this  Province,  will  be  drawn  down  to  the  faid 
Town :  And  whereas  the  eredting  a  Town  on  the  faid  Lands  will  be  of  great  Bene- 
fit and  Advantage  to  the  faid  Minors,  in  as  much  as  the  Lands  adjoining  thereto 
will  become  of  much  greater  Value :  Therefore, 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affcmbly,  and  by  the  Authority 
of  the  fame.  That  the  Honourable  John  Sampfon,  Efq;  Cornelius  Harnett,  Maurice 
Moore,  Hugh  PFaddle,  JViliia:-n  Dry,  Hector  M'-Neil,  Walter  Gibfon,  Alexander 
M'-Alifier,  Richard  Lyon,  William  Bartram,  and  John  Wilcocks,  Efquires,  are  hereby 
appointed  CommifTioners,  and  are  veiled  v/ith  full  Power  and  Authority,  to  lay  off 
One  Hundred  Acres  of  Land,  Part  of  a  Trad  of  Six  Hundred  and  Forty  Acres, 
belonging  to  John  and  William  Rufj'cll,  Minors,  Sons  of  John  Rujfell,  deceafed,  fitu- 
ate  on  the  Weji  Side  of  the  'North-Weft  Branch  of  Cape-Fear  River,  below  the 
Moiith  of  Crofs  Creek,  for  a  Town,  by  the  Name  of  Campbellton :  And  the  faid 
CommiiTioners,  or  the  Majority  of  them,  are  hereby  diredted  and  impowered,  to 
lay  out  the  faid  One  Hundred  Acres  of  Land,  as  loon  as  conveniently  may  be,  after 
the  pafTing  of  this  Ad,  into  Lots  of  Half  an  Acre  each,  with  convenient  Streets, 
and  a  Square,  for  Public  Buildings. 

III.  AND  be  it  further  EnaHcd,   by  the  Authority  aforefaid.  That  when    the    Lots  to  be  drawhi? 
GommiiTioner?,  or  the  major  Part  of  them,  have  laid  out  tlie  faid  Town  into  Lots 

and  Streets  as  aforefaid,  which  Lots  being  regularly  numbered,  and  Subfcriptions 
taken  for  Fifty  Lots,  or  upwards,  they  fhall  appoint  a  Day  for  drawing  the  faid 
Lots,  and  give  Public  Notice  thereof,  at  leafl:  Three  Months  before  drawino-  the 
fame,  which  fliall  be  by  Ballot,  in  a  fair  and  open  Manner,  in  their  Prefence  •  and 
the  Subfcribcr  fliall  be  inticled  to  the  Lot  which  fhall  happen  to  be  drawn  for  him 
and  correfpond  with  the  Number  contained  in  the  Plan  of  the  faid  Town  -,  which 

P  p  Lot 


2q8  laws    of    North-Carolina. 


J.  D.   1762.   Lot  or  Lots,  the  CommiiTioners  before  appointed,  or  the  Majority  of  them,  are 

v.— -'y-^     hereby  im^owered  to  grant,  convey,  and   acknowledge,  to  the  Pcrion  or  Perfons 

fo  drawing  the  fame,  and  his  Heirs  and  AfTigns,  for  ever,  in  Fee-Simple,  upon  the 

Payment  of  Three  Pounds,  Proclamation   Money,  to  the   Trealurer  herein  after 

named, 

Treafurer  ap-        YV .     AND  be  it  further  EnaBed^  hy  the  Authority  aforefaid.   That  Richard  Lyon, 
pointed.  ¥.((];,  be,  and  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  and  Sums 

of  Money  which  fliall  arile  by  the  Sale  of  the  faid  Lots,  for  the  Ufes  hereafter  men- 
tioned :  And  on  the  Death,  or  Departure  out  of  the  Government  of  the  laid  Trea- 
furer, the  faid  Commiflioners,  or  the  major  Part  of  them,  Ihall  appoint  fome  other 
Perfon  Treafurer,  in  the  Place  of  the  faid  Treafurer. 

To  give  Security,  V.  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid^  That  the  Treafurer 
herein  appointed,  and  every  Treafurer  that  Ihall  or  may  be  hereafter  appointed  by 
the  CommiCTioners  as  aforeiaid,  fliall  give  Security  to  the  Inferior  Court  of  the  Coun- 
ty, in  the  Sum  of  One  Thoufand  Pounds,  Proclamation  Money,  that  he  (hall  and 
will  account  with,  and  pay  in  all  the  Monies  he  fliall  receive  by  the  Sale  of  all  and 
every  the  Lot  and  Lots  that  fliall  be  fold.  Yearly,  on  the  Firfl:  Day  of  January^ 
into  the  Hands  of  the  Guardian  or  Guardians  of  the  faid  Minors  John  and  William 
Rnjfelly  for  the  fole  Ufe  and  Benefit  of  them  the  faid  Minors. 

Time  of  faving        VI.     P ROVIDED  (ilways.  That  if  any  Lot  or  Lots  fliall  be  granted  and 
''"'*  conveyed  by  the  faid  Commifli§n-rs,  to  any  Perfon  or  Perfons  whatfoevcr,  who  fliall 

not,  vyithin  Three  Years,  build  a  good'fubft:antial  habitable  framed  Houfe,  not  of 
lefs  Dimenfions  than  Twenty  Feet  of  Length,  and  Sixteen  Feet  wide,  exclufive  of 
Sheds,  or  make  fuch  Preparation  for  fo  doing,  as  the  Commiflioners,  or  the  major 
Part  of  them  fl:tall,  on  View,  think  reafonable  ;  fuch  Grant  or  Conveyance  fliall  be 
void,  and  it  is  hereby  declared  void  and  of  none  Effed,  as  if  the  fame  had  never 
been  made  :  And  the  Commiflioners  may  grant  and  convey  fuch  Lot  or  Lots  which 
fnall  not  be  built  on  within  the  Time,  and  in  the  Manner  as  is  herein  before  direft- 
ed,  to  any  other  Perfon  or  Perfons'  applying  for  the  fame,  and  paying  the  Money 
for  the  faid  Lot  as  in  this  Ad  is  before  direded,  for  the  Uie  of  the  faid  Minors 
John  and  William  RuJfelL 

p.rtofBiai.n  VII.  AND  whcrcas  Part  of  thc  faid  One  Hundred  Acres  of  Land,  whereon 
added  to  cumbe,-  j]^g  ^^|j  To^u  of  Camphelltoit  is  hereby  intended  to  be  built,  is  in  Bladen  County; 
and  the  Inhabitants  of  Cuwherland  County  have  petitioned,  that  fuch  Part  thereof 
may  be  added  to  Cumberland^  and  that  the  Court-Houfe,  Prifon,  and  Stocks,  be 
removed  to,  and  ereded  in  the  faid  Town;  Beit  Enabled,  by  the  Governor,  Council^ 
and  AJ}e;nbly,  and  by  the  Authority  af  the  fame.  That  fo  much  of  the  faid  Land, 
being  in  Bladen  County,  as  fliall  be  judged  neceffary  for  efl:ablifliing  the  faid  Town, 
by  the  Commiflioners  herein  before  appointed,  or  the  Majority  of  them  (provided 
the  fame  do  not  exceed  One  Hundred  Acres  of  Land)  is  hereby  annexed  to,  and 
declared  to  be  Part  of  Cumberland  County  ;  any  Law,  Ufage,  or  Cufl;om,  to  the 
contrary  in  anywife  notwithflianding. 

D.v;dmg  La.e.  VHI.     AND  Ve  it  further  EnnBed.^  by  the  Authority  aforefaid.  That  the  Commif- 

fioners  herein  before  appointed,  or  the  Majority  of  them,  are  hereby  impowered 
and  direded,  to  run  an  Eafi  Line  down  to  the  River  ;  beginning  at  the  Dividing 
Line  between  Cumberland  and  Bladen,  Two  Hundred  Poles  below  the  Mouth  of 
Crofs-Creek ;  which  Line  being  fo  run,  as  above  direded,  fliall  be  henceforth  taken 
and  deemed  to  be  the  Dividing  Line  between  the  Counties  of  Cumberland  and  Bladen ; 
any  Law,  or  Ufage,  to  the  contrary  notwithfl:anding. 

Tr:  for  Court-        IX.     AND  be  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  the  Jufl:ices 

'""'''''■  of  the  faid  County   of  Cumberland,   are  hereby  impowered   and  direded,  to  lay  a 

Yearly  Tax,  not  exceeding  One  Shilling,  Proclamation  Money,  for  Two  Years, 

commcncina: 


L  A  fV  S    of    North-Carolina.  299 

commencing  the  Firft  Day  of  January  next,  to  be  paid  and  collected  as  other  Pub-    ^-  D-   1762. 
Jic  Taxes  are,  and  to  be  applied  towards  building  a  Court  Houle,  Prilbn,  and     '^ — ^     ^ 
Stocks. 

X.  A  N D  be  it  further  Enacted,  by  the  Authority  aforifaid.  That  as  Toon  as  fuch    Co.irt?  to  be  he.d 
Court-Houfe  and  Prilbn  fhall  be  built,  that  then  tne  Courts  of  tiie  faid  County  of   '" '^^'""• 
Cmnberland,  (hall  be  hdd  in  the  laid  Town,  and  at  no  other  Place  whatloever  ;  and 

all  Matters  and  Suits  therein  depending  and  undetermined,  in  the  Court  of  the  faid 
County  ot  Cumberland,  fliall  Hand  adjourned  to  the  Court  to  be  held  at  the  faid 
Town  of  Campbellton, 

XI.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid,  That  the  faid  Juftices    ou  Co^ut  iiouf* 
may  make  Ule  of  the  old  Court-Houle  and  Pnlon,  tor  the  Ui'e  of  the  faid  Court- 

Houie  and  Gaol,  to  be  built  in  the  faid  Town  as  aforefaid,  or  by  felling  the  fame, 
and  applying  the  Money  ariling  by  luch  Sale,  towards  crcding  the  faid  Buildings 
in  the  faid  1  own. 


C  H  A  P.     XV. 

An  All  to  lay  a  Tax  on  the  Inhabitants  of  the  fever  al  Counties  of  the  Diflri^  of  Halifax    s^  Aa  f.r«ary 
Superior  Court,  to  repair  the  Public  Prifon  thereof,  and  other  Purpofes.  '  '^^■^'  ^^  ^-  ^'* 


Pilvate.' 


I.  T  T  7  H  E  R  E  A  S  the  Public  Prifon  of  Halifax  Diftria,  has,  by  Experience, 
Y  Y     been  found  to  be  infuificient  for  the  fate  keeping  ot  Friloncrs  committed 
to  the  lame :  For  Remedy  whereof, 

II.  B  E  it  Enacted,   by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority       T«es  \i'i  (ot 
of  the  fame.  That  a  Poll- fax  of  Eight- Pence,    Proclamation  Money,  be,  and  is    0^""°    ^^' 
hereby  laid  on  each  Taxable  Perfjn  within  the  County  of  Halifax  -,  and  a  Poll-Tax 

of  Four- Pence,  Proclamation  Money,  on  each  Taxable  Perfon  withm  the  Counties 
of  Northaviplon,  Ed^^co:nb,  Granville,  and  Johnfton,  for  the  enfuing  Year  ;  which 
faid  Tax  l"hall  be  paid,  coUetled,  and  diftrained  for  by  the  Sheriff  of  each  County 
refpeclively,  in  the  fame  Manner^  and  under  the  like  Rules,  Fines,  Forfeitures,  and 
Penalties,  as  other  Taxes  are  by  Law  to  be  colledted,  paid,  and  diftrained  for;  and 
fuch  Tax,  when  fj  coUefted  by  the  faid  Sheriffs,  fhall  be  paid  into  the  Hands  of 
i}iiz\\Qx\o\^Xd}o\c  Alexander M-Culioh,  Efq;  John  Bradford,  and  Blake  Baker,  Efqrs. 
or  the  Majority  of  them,  on  or  before  the  TePith  Day  ot  January,  which  fhall  be  in 
the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty-four ;  who  are 
hereby  impowered  and  directed,  or  a  Majority  of  them,  to  agree  with  Workmen 
for  repairing  the  Prifon,  in  the  Town  ot  Halifax,  erecting  a  Wall  round  the  fame, 
and  building  a  Gaoler's  tloufe  thereto,  in  ilich  Manner  as  the  faid  Commiffioners, 
or  the  Majority  of  them,  fhall  think  moft  proper  :  And  the  Money  to  be  collefted 
and  paid,  Ihall,  by  the  laid  CommiiTioners,  or  the  Majority  of  them,  be  applied 
towards  paying  fuch  Workmen  as  aforefaid ;  and  the  Overplus,  if  any,  fhall  by 
them  be  difpoled  of  towards  defraying  the  Public  Charges  of  the  Diftridl  oi Halifax 
Superior  Court. 

III.  AND  be  it  further  Enacled,  by  the  Authority  aforefaid.  That   if  any,  or    sheriffi  to coiicn 
either  of  the  faid  Sheriffs  atbrcmentioned,  fhall  fail  or  negleft  to  pay  the  Money,  to    '«• 

be  coUeiled  by  Virtue  of  this  Ad,  into  the  Flands  of  the  faid  CommiiTioners,  or  the 
Majority  of  them,  on  or  before  the  faid  Tenth  Day  of  January,  it  Ihall  and  may 
be  lawful,  and  the  aforefaid  CommiiTioners,  or  the  Majority  of  them,  are  hereby 
required  to  proceed  againft  fuch  SheriiT  lb  negleeling,  in  the  Superior  Court  of  Ha- 
lifax Diftrift,  or  either  of  the  Superior  Courts  within  this  Province,  in  the  like  Man- 
ner as  Sheriffs  are  to  be  proceeded  againft  in  other  Cafes  for  Non-Payment  of  Pub- 
public  Monies  which  they  fhall  have  received. 

IV.     ANH 
Pp  2 


300  L  A  IV  S    of    North-Carolina. 


A.  D.   1762.        VI.     AND  he  it  further  EnaSled,  by  the  Authority  aforefaid^  That  after  fuch 

V"^^  -'     Buildings  and  Repairs  fhall  be  made  as  atorefaid,  when  any  Perlon  or  Perl'ons  with- 

c.mmiucd  to      in  the  Diftrift  ot  Halifax  Superior  Court,  fhall  be  apprehended  for  any  criminal 

Gaol.  Offence,  that  on  a  Conviction  thereof,  would  incur  the  Lofs  of  Life  or  Member, 

it  fhall  and  may  be  lawful  for  the  Inferior  Court,    or  Juftice  of  the  Peace,  as  the 

Cafe  may  be,  before  whom  an  Examination  of  fuch  Criminal  fhall  be  had,  if  fuch 

Court  or  Juftice  fhall  think  it  necefTary,   to  commit  fuch  Criminal  to  the  aforefaid 

Gaol  •,  and  the  Sheriff"  of  the  County  wherein  fuch  Criminal  fhall  be,  is  hereby  di- 

reeled  and  ordered  to  convey  fuch  Cri  ninal  to  the  faid  Gaol,  and  deliver  him  or 

them  to  the  Sheriff,  or  Keeper  thereof-,  and  take  a  Receipt  for  fuch   Prifoner  or 

Prifoners  from  the  faid  Sheriff,  or  Keeper  j  which  fhall  be  his  Difcharge  for  fuch 

Criminal  or  Criminals, 

Gioi  Keeper  to  V.  A N D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  after  fuch 
be  tmpi«yed.  ^.^lidings  and  Repairs  fhall  be  made  as  aforefaid,  the  Sheriff  of  the  County  of  Ha- 
lifax, for  the  Time  being,  is  hereby  required  and  dire6ted,  when  any  Criminal  fhall 
be  committed  to  the  faid  Gaol,  to  employ  fome  Perfon  of  Integrity  to  be  Keeper 
thereof;  who  fhall  conflantly  refide  in  the  faid  Gaoler's  Houfe  during  the  Time 
fuch  Criminal  fhall  be  in  Gaol ;  and  fhall  alfo  take  all  lawful  Means  for  prevent-^ 
ing  fuch  Criminal  from  efcaping. 

chargts    t6    te        VI.     AND  be  it  further  Enaofed,  by  the  Authority  aforefaid.  That  all  incident 
piiJ  by  the  I'ub-    ci-jarges  attending  the  Commitment  and  Keeping  fuch  Criminal  or  Ciiminals,  fhall, 

if  fuch  Criminal  or  Criminals  have  not  fufhcient  Eftate  to  fatisfy  the  fame,  be  paid 

by  the  Public. 

CHAP.     XVI. 

This  Aft  had  its   An  A'cl  to  impoiver  Thomas  Bonner,   Jun.  late  Sheriff  to  receive  and  colUEl  the  Ar^ 
^^"^'  rears  of  Taxes  due  in  the  Counties  of  Beaufort  and  Pitt,  for  the  Tear  One  Thoufand 

Seven  Hundred  and  Sixty. 

Provide!  for  by   C  H  A  P.  1 7.     An  Asi  to  eftobUfh  a  Public  Road  from  the  Court-Houfe,  in  Currituck 
the  Road  Aft.  CouHty,   acrofs  the  great  Swamp.,   to  the  Bridge  on  North  River', 

near  the  Indian  Town. 

iS.     An  AB  for  dejlroying  Vermin  in  the  County  of  Orange,    and  other 
Counties  therein  mentioned.     EXP. 

This  Aft  haditi  19-     ^'^  -^^  ^°  enable  the  Commiffwners  of  the  Church  of  Edenton  to  dif- 

*ff'^«<  charge  the  Contract  by  them  made  with  the  Workmen  employed  in 

finifhing  the  Infde  of  the  faid  Church. 

CHAP.     XX. 

An  A£l  for  enlarging  the  Time  allowed  for  faving  Lots  in  the  Town  of  Hertford,  and 

other  Purpofes. 

rrhm.  I-  T  T  7  H  E  R  E  A  S  by  one  Aft  of  Affembly,  paffed  in  the  Thirty  Second  Year 

Yy  of  the  Reign  of  his  late  Majefty,  intituled.  An  Att  for  eftablifhing  a  Town 
on  the  Lands  of  Jonathan  Phelps,  in  Perquimans  County,  among  other  Things,  it  is 
provided.  That  the  Grantee  of  every  Lot  in  the  faid  Town  fhall,  within  Three 
Years  after  obtaining  a  Conveyance  for  the  fame,  ered:  and  finifh  thereon  a  Houfe, 
of  the  Dimenfions  therein  fpecified  -,  and  on  Failure  thereof,  every  Lot  whereon 
fuch  Houfe  fliall  not  be  fo  erefted,  fliall  be  re-vefted  in  the  Direftors  of  the  faid 
Town  by  the  faid  A6t  appointed  •,  and  whereas  the  Time  limited  by  the  faid  Aft 
has  been  found  too  fhort  to  complete  the  Buildings  on  the  faid  Lots,  whereby  many 
Perfons  are  now  likely  to  forfeit  the  fame ; 

II.  BE 


LAWS    of    North-Carolina. 


30c 


II.  B  E  it  therefore  Enacted  hy  the  Governor^  Council^  and  /ffembly,  and  by  the 
Authority  of  the  [amey  That  every  Lot  in  the  laid  Town  on  which  a  Houfe  Ihall  be 
erected  and  built,  of  the  Dimenfions  mentioned  in  the  laid  Adt,  within  the  Space 
of  Five  Years  next  after  the  palTing  of  this  Ad,  and  alio  every  Lot  therein  which 
fhall  hereafter  be  fold  or  conveyed,  on  which  fuch  Houfe  fhall  be  erefted  within 
the  Space  of  Five  Years  after  the  Date  of  the  Conveyance  made  for  the  fame,  fhall 
be,  and  is  hereby  declared  to  be  veiled  in  the  Grantee  thereof^  in  Fee-Simple  j  any 
Thing  to  the  contrary  in  the  faid  recited  Ad,  notwithftanding. 

III.  AND  whereas  fuffering  wooden  Chimnies  to  be  built  in  the  faid  Town 
may  occafion  Accidents  by  Fire,  Be  it  further  EnaEled,  hy  the  Authority  aforefaidy 
That  no  Peribn  whatibevcr  Ihall  hereafter  ered  any  wooden  Chimney  in  the  faid 
Town  ;  and  every  Perfon  who  hath  already  built  any  fuch  wooden  Chimney  therein, 
fhall  pull  down  the  fame  within  the  Term  of  Five  Years  next  after  the  paffino-  of 
this  Ad ;  and  if  any  Perlon  or  Perfons  fliall  prelume  to  ad  contrary  hereto,  in 
ercding  any  wooden  Chimney  in  the  faid  Town,  or  in  failing  to  pull  down  or  re- 
move, within  the  Time  afore-mentioned,  any  fuch  wooden  Chimney  by  him  already 
erected  therein,  the  Directors  mentioned  in  the  before  recited  Act,  or  any  Two  of 
them,  are  hereby  authorized,  impowered,  and  required,  to  pull  down  and  deftroy 
every  fuch  Chimney,  and  Ihall  not  be  hable  to  an  Action  or  Damage  for  fo  doino-; 
and  if  the  Directors,  or  any  of  them,  Ihall  be  fued  for  the  lame,  they  may  plead 
the  General  IlTue,  and  give  this  Ace  in  Evidence. 


A.  D 


Woodtn 
nies  not 
built. 


Chim. 

to    be 


IV.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  faid  Di- 
rectors, or  any  Three  oi  them,  (hall  and  may,  and  are  hereby  authorized  and  im- 
■powered,  to  make  and  execute  Deeds  for  granting  and  conveying  to  every  Perfon 
and  i^erfons,  who  already  have  purchafed,  or  hereafter  fhall  purchafe,  any  Lot  or 
Lots  in  the  faid  Town  ;  and  every  Perfon  claiming  any  fuch  Lot  or  Lots  by  Virtue 
of  any  fuch  Conveyance,  ihall,  and  is  hereby  declared  to  have  an  indefeafible  Eftate, 
in  Fee- Simple,  in  the  fame. 


Direflcrs      M 
grant  Lgts. 


CHAP.     XXL 

An  Act  for  altering  the  Method  of  working  on  the  Roads^  and  appointing  Public  Ferries^   p.ovidea  for  b/ 
witbing  the  Counties  of  DupYin,  Cumberland,  Rowan,  ^W  Anfon.  theRuadAa, 


CHAP.     XXII. 

An  Ail  to  apply  the  Money  already  levied  on  the  taxable  Inhabitants  <?/ Currituck  County, 
by  Virtue  of  an  AtJ,  intity.led.  An  Act  to  amend  and  improve  the  Navigation  from 
Currituck  Inlet,  through  the  Diltrict  in  Currituck  Countyj  to  Albemarle  Sound. 

1-  TT  THERE  AS  by  the  above  recited  Act,  a  confiderable  Sum  of  Money 
Vy  has  been  levied  on  the  taxable  Inhabitants  of  Currituck  County,  for  uie 
amending  the  Navigation  of  Currituck  Inlet,  that  remains  Hill  in  the  Hands  of  the 
Commiffioners  appointed  in  the  laid  Act,  which  it  is  prayed  may  be  applied  towards 
the  alleviating  the  Taxes  of  the  Inhabitants  of  the  faid  County  : 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  hy  the  Authority 
of  the  fame.  That  the  Veltry  of  C//n7'/«<:/^  Parifli,  in  the  County  of  G.^n/z/r/?-,  fliall 
have  full  Power  and  Authority  to  afk  and  demand  oi'  Jopua  Campbell,  John  IVood- 
houfe,  and  IVilliam  Maikey,  Commiirioners  in  the  iaid  Act  mentioned,  an  Account 
of  all  the  Sum  or  Sums  of  Money  they  the  laid  Commiflioners  may  have  received 
of  the  feveral  Sheriffs  ol  the  faid  County,  and  upon  their  faithfully  accounting,  to  re- 
ceive the  fame  :  And  the  faid  Veftry  are  hereby  iurther  impowered,  if  the  faid  Com- 
mifTioners  fhall  retufe  or  neglect  to  iettle,  .account,  and  pay  to  them  all  fuch  Suin 
<«i-  Sums  of  Money  they  may  have  received  in  Manner  as  aforcfaid,  or  if  tiie  laid 

Vcllry 


Private, 


Monies  appro- 
prialed. 


302 


L  A  iV  S    of    North-Carolina. 


A.  D.  1762.  Veftry  fhall  have  Caufe  to  fufpect  the  faid  CommifTioners  do  tender  a  falfe  Account, 
^-"""'''r^-^  to  put  the  Bond  of  the  faid  CommifTioners,  entered  into  for  the  Performance  of  the 
Trull  repofed  in  tiiem,  in  Suit  •,  and  that  all  Sum  or  Sums  of  Money  received  of  the 
faid  CommifTioners  by  Virtue  of  this  Act,  either  by  their  accounting  and  paying, 
or  by  Force  of  an  Execution  or  Executions,  fliall  by  the  laid  Vcftry  be  ;.pplied  to- 
wards eafing  the  Tax  for  purchafing  a  Glebe,  or  building  a  Church  in  the  faid 
County,  and  no  other  Purpoies  whatever. 

Commininnfri         Hf.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  of  the 

meni"'' he^r  v7f-    isid  CommifTioners  fhail  now  be,  or  fliall  hereafter  be  chofen  and  appointed  Vellry- 

trymen  may  call    men  in   the  faid  Paflfh,    without  having  fully  accounted  agreeable  to  the  Intent 

them  t.  Account.    ^^^^^^^    ^^.^^  thg^   the  Remainder  or  othct  Veftrymcn,  by  themfelves,  and   apart, 

Ihall  and  may  deman.l  an  Account  and  Payment;    and  on  Refufal  or  Neglect 

thereof,  may  bring  Suit  or  Suits  againft  the  CommifTioners  aforefaid,  as  well  thofe 

who  may  happen  to  be  of  the  Vcftry  as  the  others  who  are  riot,  and  proceed  to  final 

Judgment  or  Judments,  and  Execution  or  Executions  .;  any  Law;  Ufage,  or  Cuf- 

tom,  to  the  contrary,  notwithftanding. 


CHAP.     XXIII. 


PrnvMed  for  by    An  A5i  for  increafing  the  Salaries  of  the  Infpectors  of  Tobacco  at  the  Warehoufe  in  the 
,v  infpeftion  j^.j^^  ^y  Halifax. 

Ait.  ■' 

CHAP.  24.     An  Act  to  amend  and  further  continue  an  Act,  intituled.  An  Act  to 

eftablifli  a  Public  Ferry  from  Neizibyh  Point  to  Phelps's  Point, 

'  whereon  the  Court-houfe  now  Hands,  on  Perquimans  River.  EX. 

25.  An  Act  to  iratower  and  direct  the  Commijfwners  of  the  Biflricts  hereafter 
mentioned  to  lay  out  and  make  a  Road  through  Regan'i  Swampy  in 
Bladen  County,  to  the  Court-Houfe  in  the  faid  County. 

26.  An  Act  to  impower  and  direct  the  Commiffioners  of  the  Diflrict  herein 
mentioned  to  lay  out  and  make  a  Road  from  Joim  Howard'j  Ferry 
on  Black  River,  through  CoUcy'j  Swamp  to  the  North  Weft  Ri- 
ver, in  Bladen  County. 


PrnvMcd    for    by 
the  Head  A£l. 


Provided    f  r    by 
the  Road  A  a. 


Private. 


CHAP.     XXVII. 

An  Act  to  encourage  Jofeph  Howell  to  build  a  Bridge  over  Tar  River,    at  or  near  the 
Place  called  Howell's  Ferry,  at  Tarborough,  in  Edgcomb  County. 

1.  TTTHEREASa  Bridge  over  'Tar  River,  at  or  near  the  Place  called  Howell\ 

y  Y     Ferry,  would  be  much  for  the  Conveniency  of  all  Travellers,  and  Jofeph 

Hotvell  being  defirous  of  building  one  there  at  his  own  Expence,  on  Condition  of 

having  the  Benefit  thereof  for  the  Space  of  Twenty  Five  Years  from  the  pafTing  of 

this  A61 : 


Bi'idge  to  be 
built. 


Toll  to  be  paid. 


II.  BE  it  Enabled,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of 
the  fame.  That  it  fhall  and  may  be  lawful  for  the  faid  fofeph  Howell,  his  Heirs  or 
AfTigns,  to  ereft  and  build  a  good  fubftantial  Bridge  over  Tar  River,  near  the  Place 
where  the  main  Road  croffeth  the  faid  River,  commonly  called  Howeirs  Ferry  : 
And  after  building  the  faid  Bridge  as  aforefaid,  it  fhall  and  may  be  lawful  for  the 
faid  Jofeph  Howell,  his  Heirs,  Executors,  Adminiftrators,  or  AfTigns, .  to  keep  a 
fufBcient  Gate  thereon,  and  take  and  receive  from  all  Perfons  that  fhall  pals  over 
the  fame  the  following  Rates,  that  is  to  fay  :  For  every  Man  and  Horfe,  Four 
Pence  ;  for  every  two  wheeled  Carriage,  drawn  by  one  or  two  Horfes  or  Oxen,  One 
Shilling  and  Four  Pence;  and  for  every  four  wheeled  Carriage,  Two  Shillings-, 
and  for  every  Horfe  or  Ox  more,  Four  Pence  each ;    and  for  every  Head  of  neat 

Cattle 


L    A   IV  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


3^.^ 


Cattle,  One  Penny  ;  and  for  every  Twenty  Hcgs  or  Sheep,  One  Shilling;  and  To  ^.  D.  J765-. 
in  Proportion  tor  a  greater  or  Ids  Number  ot  Piogs  or  Sheep,  for  and  during  the  ^— -v-~— 
Space  of  Twenty  Five  Years. 

III.     AND  he  it  EnaEfeA^  by  the  Authority  aforefa'id.  That  after  the  faid  Brido-    '^^  '^''"^  *"  "^^ 
is  fo  built  and  compleated  as  aforefaid,  it  fhall  not  be  lawful,  during  the  Time  the    Mdcriiiil"  ''"* 
faid  Bri Jge  Ihall  be  kept  in  Repair,  and  fit  for  Travellers  and  Carriages  to  pals  and    ^'''^-'• 
repals  over  the  fame,  for  any  Perfon  whatlbever  to  keep  any  Ferry,  build  any  Bridge; 
or  let  any  Perlbn  or  Perfons,  Carriage  or  Carriages,  Cattle,  Hogs,  or  Sheep,  over 
the  faid  River,  for  Fee  or  Reward,  v/ithin  One  Mile  of  the  fame,  during  the  Time 
aforefaid,  under  the  Penalty  ot  Ten  Shillings,  Proclamation  Money,  for  each  and 
every  Oifence  ;    to  be  recovered  before  any  Magiftrate  of  the  County  of  Edgconib^ 
to  be  applied  to  the  Uie  of  the  Proprietor  of  the  Bridge  built  by  the  laid  ^Jojeph 
Hmvell\  and  during  the  faid  Tim.e,  the  Right  and  Property  of  the  faid  Bridge  is 
hereby  invcited  in  the  laid  Jojepb  Ilewell,  his  Heirs,  Executors,  Adminillratois,  or 
Affigns. 

:  iV.  AND  h'e  it  Enafledy  by  the  Authority  aforefaid.  That  when  the  above  men-  p "•  '''"■  •'"i'^g 
tioned  Bridgefhall  be  built,  and  the  faid  Jofeph  Howell  {h^iW  have  received  Toll  by  3  r^'jJS' "" '"' 
Force  of  this  Aft,  and  thereafter  fliall  fuffer  or  permit  the  faid  Bridge  to  fall  to  De- 
cay, or  go  out  of  Repair,  that  then,  and  in  every  fuch  Cafe,  fliall  be  fubjefted  to 
the  Indidment  of  the  Grand  Jury  of  the  faid  County,  or  the  Prefentment  of  the 
Attorney  General,  or  his  Deputy  •,  and  if  the  laid  Jofeph  Howell  fhall  thereupon  be 
conviiled,  he  fliall,  for  fuch  Oficnce,  be  fined  at  the  Difcretion  of  the  Court :  And 
it  is  hereby  declared  to  be  the  Intention  of  this  Aft,  that  the  faid  Jofeph  Howell  fhali 
build,  or  fully  compleat  and  finifh  the  faid  Bridge,  within  the  Space  of  Two  Years 
after  the  palTing  this  Aft  ;  and  when  the  faid  Bridge  fhall.  be  built,  the  aforefaid 
Jofph  Howell,  his  Heirs,  Executors,.  Adminiftrators,  or  AlUgns,  fhall,  at  the  Ex- 
piration of  the  Term  aforefaid,  leave  the  fame  in  good  Order  and  Condition,  under 
the  Penalty  of  Fifty  Pounds ;  to  be  recovered  by  the  Veftry  and  Churchwardens  of 
St.  Marfs  Parifh,  by  Afton  of  Debt ;  which  Sum,  if  recovered,  fhall  be  applied 
towards  the  contingent  Charges  of  the  faid  County. 

"CHAP.     XXVIII. 

An  Act  to  eftahlifj  a  Ferry  from  Solley'j  Point  to  Relf 'j  Pointy  whereon  the  Court-: 
Houfe  now  jlands,  on  Pafquotank  River.     EXP. 

SIGNED     by 

Arthur  Dobbs,  Efq-,  Governor, 
James  Ha  fell.,  Prefident. 
John  AJhey  Speaker, 

P.ead  Three  Times,  and  ratified  in  open  AJfembly, 


-ree  i  imes,  ana  raiijiea  in  open  /ljjemt?ly^  \ 
the  nth  Day  of  Dec.   1762.  j 


ANNO 


304 


LAWS    of    North-Carolina. 


A.  D.    1764. 


%#  %^  %#  %#  %^  %^;r^%^  %#  %#  %#  %#  %# 
#%  ^%  #%  #%  #%  #%^-^#%  #%  #%  #%  #%  #^% 


ANNO       REGNI 

E  O  R  G  I  I    III. 

REGIS, 
MAGN^    BRITANNIA,     FRAN  CI  .E,    &    HIBERNI^, 

Q^    U     I     N     T     O. 


d^^^r^   At  an  ASSEMBLY,    begun  and   held  at  Wilmington,  the  Thirtieth 

DObBo,  fc-iq;  *-^ 

Day  of  January,  in  the  Fifth  Year  of  the  Reign  of  our  Sovereign 
Lord  G  £  0  i?  G  E  the  Third,  by  the  Grace  of  God,  of  Great-Britain, 
France,  and  Irdajid,  King,  Defender  of  the  Faith,  &c.  and  in  the 
Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty  Four : 
Being  the  Firft  Seffion  of  this  prefent  AlTembly. 


CHAP.     1. 

An  Act  for  appointing  a  Militia.     EXP. 


S?e  Afl  Novcmb. 
176S,    Chap    a, 
for  amending  this 
Aft. 
Preamble. 


CHAP.     II. 

An  Act  concerning  Veftries, 


H  E  RE  A  S  making  Provifion  for  the  Clergy,  providing  for  the  Poor, 
and  the  due  Management  of  parochial  Affairs,  reqviire  that  a  Veftry  be 
eftabiilhed  in  each  Parilh  in  this  Province,  under  proper  Regulations : 


Veftrymcn  to  b 
eleaed. 


II.     BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  JJfemMy,  and  hy  the 

Authority  of  the  fame.  That  the  Freeholders  of  each  Parifh  fhall,  and  are  hereby  di- 

refted,  to  meet  on  the  Firft  Day  of  Augnfl  next  after  the  paffing  of  this  A6t,  and 

on  Eafter  Monday,    in  the  Year  of  ^ur  Lord  One  Thoufand  Seven  Hundred  and 

Sixty  Seven,    and  on  Eajler  Monday  in  every  Third  Year  thereafter,    at  the  Court- 

Houfe,  or  Place  where  the  County  Court  is  commonly  held,  or  at  the  ufual  Place 

of  elefting  Veftrymen,    then  and  there  to  choofe  and  eleft  Twelve  Freeholders  to 

And    fummoned   j-gj-yg  ^s  Veftrymen  :    Which  Veftrymen  fo  chofen  fliall,    by  the  Sherifl'  or  his  De- 

app'ir  a^nd^air    puty,  bc  fummoncd,  at  Icaft  Ten  Days  before  the  Time  appointed  for  fuch  Meet- 

^^  -  '  ing;. 


d   ly  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


3^^' 


ing,  to  meet  at  the  Church  in  each  refpeclive  Fai-iOi ;  and  where  there  is  no  Church,  ^.  D.  176.; 
at  the  Court-Houfe  or  Place  where  the  County  Court  is  heklj  within  Thirty  Days 
next  after  fuch  Choice,  to  be  qualified  according  to  the  Directions  of  this  Aft : 
And  if  the  Sheriff  {hall  negleft  or  refufe  to  fummon,  or  caule  to  be  fummoned,  the 
Veftry  as  aforefaid,  he  fhall  forfeit  and  pay  the  Sum  of  Twenty  Shillings,  Procla- 
mation Money,  for  each  and  every  Veltryman  not  i'ummoned  as  aforelaid,  to  be 
levied  and  applied  as  herein  after  direded  ;  and  the  faid  Sheriff  fhall  be  paid  by  the  "^'^^"■>""''" 
Parifh  the  Sum  of  Two  Shillings,  Proclamation  Money,  for  each  Veftryman  he 
fhall  fo  fummon. 


Pfn.on  SheiirT 
for  net  fun,m<  n- 
jng,  and  his  Fee 
for      rumiiioning 


In.  AND  that  the  Eledion  may  be  made  in  a  fair  and  open  Manner,  Be  it 
Enacted,  by  the  AvAhority  aforefaid^  That  at  all  Elections  of  Veltrymen  hereafter  to 
be  made,  the  Sheriff  of  the  County,  or  his  Deputy,  fliall  attend  at  the  Court  Houfe 
of  the  County,  or  Place  where  the  County  Court  is  held,  or  ufual  Place  of  cltfting 
Veftrymen,  and  there  to  take  the  Votes  in  the  following  Manner,  that  is  to  fay  t 
He  fhall  open  the  Poll  at  Ten  of  the  Clock  in  the  Forenoon,  and  after  Proclamation 
to  the  Freeiiolders  to  come  and  give  their  Votes  for  Veftrymen,  (hall  take  a  Lift  of 
the  Names  of  the  Voters  who  fhall  give  their  Suffrages,  which  fhall  be  for  neither 
more  nor  lefs  than  Twelve ;  and  the  Votes  fhall  be  given  openly,  and  the  Poll  kept 
open  till  Sun-fet ;  and  the  Sheriff  fnall  then  caft  up  the  Number  of  Votes  given  for 
each  Candidate,  and  declare  the  Twelve  who  fliall  have  the  greateft  Number  of 
Suffrages,  to  be  duly  elected ;  and  in  Cafe  of  an  Equality  of  Votes  among  any  of 
the  Candidates,  the  SheriiT  fliall  have  the  calling  Vote,  and  in  no  other  Cafe  ^ive 
his  Vote. 


M.mner  of  Elee* 
tion  of  V^ll.y- 
mcn. 


IV.  AND  to  prevent  Difputes  concerning  who  fhall  be  underfiood  to  be  a 
Freeholder  capable  of  voting  for  Veftrymen,  Be  it  further  Enacted^  hy  the  Authority 
aforefaid.  That  every  Perfon  in  actual  Poffeffion  of  ah  Eftate  real,  for  his  own  Life, 
or  the  Life  of  fome  other  Perfon,  or  an  Efcate  of  greater  Dignity,  of  Fifty  Acres  of 
Land,  or  a  Lot  in  fome  Town,  faved  according  to  Law,  in  the  Parifn  of  which 
fuch  Election  fhall  be  made,  and  no  other  Perfon  whatfoever,  fliall  be  deemed  a 
Freeholder  within  the  Meaning  of  this  Act :  And  any  One  of  the  Candidates  may,  who 
in  Cafe  he  fufpects  any  Perfon  going  to  give  his  Vote  hath  not  a  Freehold  within 
the  Meaning  of  this  Act,  object  to  fuch  Perfon  giving  his  Vote,  and  require  the 
Sheriff  to  tender  him  an  Oath  or  AlBrmation,  concerning  his  Qiialification  ;  which 
Oath  or  Affirmation  the  Sheriff  is  hereby  impowered  and  directed  to  adminifter,  in 
the  following  Words,  to  wit. 


Qin'ific:ticn 
Vutcrs, 


iray      hi 
fworn,     ou    Ob« 


YO  Ufljallfwcar  (or  affirm)  that  you  are  in  actual  Poffeffion  of  a  Freehold  of  Tifty 
Acres  of  Land,  in  your  own  Right,  or  the  Right  of  jome  other  Perfon  ;  or  a  Lot 
in  the  Town  of  faved  according  to  Law,  in  the  Pariflo  of 

and  that  you  have  net  given  your  Vote  before  in  this  Election. 

SO  HELP  YOU  GOD. 

V,  AND  be  it  further  EnaHed,  That  no  Perfon  under  the  Age  of  Twenty  One  ^aLat  undtr 
Years  fhall  be  t  leceed  a  Veftryman,  or  give  his  Vote  for  the  Election  of  Veftrymen  OdiVyrn/"  '" 
in  any  Parifh. 

VI.  AND  to  enforce  t\\t  Attendance  of  the  Freeholders  at  fucli  Elections,  Be 
it  further  Enacted,  by  the  mithority  aforefaid.  That  every  Perfon  qualiiicd  to  vote  for 
Veftrymen  in  their  refpective  Parifhcs  (the  People  called  Shiakers  excepted)  is  hereby 
required  to  attend,  and  give  his  Vote  at  the  Eledion  of  Veftrymen,  m  Manner 
herein  before  directed,  unlefs  prevented  by  fome  bodily  Infirmity,  or  legal  Difabi- 
lity,  underthePenalty  of  Twenty  ShiUings,  Proclamation  Money  j  tp  be  recovered 
by  a  Warrant  from  any  Juftice  ot  the  Peace  within  the  County,  provided  that  fuch 
Penalty  be  fucd  for  v/ithin  Ten  Days  after  the  fame  be  incurred  :  And  in  Cafe  any 
Perfon  fnall  think  himfelf  injured  by  any  Order  of  fuch  Juftice  of  the  Pdice,  he 
fhall  and  may  appeal  therefrom  to  the  next  Inferior  Court  of  ]:is  County,  v.'ho  are 

Q_cj  herebjf 


Att  ndarce  of 
Vouis  ;.t  E'rai- 
ijiis,  infotctdi 


3o6 


L  A  IV  S     of    North-Carolina. 


A.  D    1764.    htreby  direded  and  impowered  to  proceed  and  determine  upon  the  fame  in  a  I'um- 
%^-v--'-     m^ry  Manner. 


Vtn  on  P  iT 
n  '  b?-ing  Fr 
h.KI  r.,  v.,t 
at  El;dions. 


V'/'ivmen  to 


VIL  AND  he  it  further  EnaHed^  ly  the  Authority  aforefaidy  That  if  any  Perfon 
fliall  give  his  Vote  at  luch  Election  ot  Veftryiricn,  who  hach  not  been  pofTcfTtd,  in 
his  own  Right,  of  a  Freehold  ot  Fifty  Acres  oi  Land,  in  Manner  h^rtm  bclors 
mention  d,  ox  Lot,  laved  according  to  Law,  in  fonie  Town  in  the  Parifli  when  ia 
he  fhall  give  his  Vote,  inch  i-'erlon  lliall  t.Tft.-it  Five  Pounds,  Proclamation  Mont-y  ; 
to  be  recovered  by  A'flion  ot  l^ebt  or  Iniormaiion,  in  any  Inferior  Court  of  Pleas 
and  Qiiarttr  Scifi ons  ;  one  Halt  to  the  Inlonutr,  and  the  other  Half  to  the  Ufe  of 
the  Panlh  wherein  Inch  Vote  fh  .11  be  given ;  and  where  luch  Atlion  fnall  be  brought, 
the  Onus  Proban-di  Ihaii  lie  upon  ihe  Ddendant. 

VIII.  AND  he  it  further  Ena'^ed^  That  the  Hud  Veftrymen  (c  electe  ■  flirll,  at 
the  firft  or  fecond  Meeting  of  the  Vcdry  next  after  fnchJ:,jection,  take,  before  lonie 
Magitlrate,  and  in  Prelcnce  ot  the  Vtilry,  the  Oarhs  by  L^w  ajpointed  to  be  taken 
by  Public  Officers,  and  fhall  repeat  anu  lublcribe,  in  the  Viftry  Book,  the  follow- 
ing Declaration,  to  wit,  I  A.  B.  zvili  not  0  jcje  the  Docrine,  Dijci  Une,  and  Liturgy 
of  the  Church  of  England,  ai  by  Law  cjlablijljid.  And  every  Veftrymsn  fo  elected 
and  quuliiied  ihall,  to  all  Inter.ts  and  ir'ui poles,  be  deemed  uiid  taken  to  be  tl  e 
Veftrymen  ot  the  refpeciive  Parifhes  lor  which  they  were  ekcted,  for  1  hree  Years 
next  lucceeJing  fuch  Election,  {a) 


V  o.ym-n  n's-  X.  A  N  D  he  it  Enacted,  by  the  Authority  aforefoid.  That  every  Perfon  elected 
l-^lpjlL (iraa^  01"  ch'jien  a  Veftryman  according  to  this  xicc,  wlio  fnall  re  uTe  or  neglect  to  t.ke 
>»s-  the  faid  Oadis,  and  to  repeat  and  fublcribc  the  Ttft,  and  alio  to  Uibfcribe  the  De- 

claration as  atorelaid,  is  hereby  declared  to  be  incapable  ot  acting  as  a  Veft*-yman  j 
Aid  At^r-s  Ki  i>e  and  the  other  Perions  chofen  and  qualified  as  atorelaid,  fhall  eltct  and  choole  one 
ch  f:n  ia  their  ^^  morc  Frecholucr  or  Freehokiers,  inftead  of  hin^  or  them  fo  retufina  or  rtgU  cting  ; 
snd  fuch  Perion  or  Perfons  lb  choicn  by  the  Veftry  fluJl,  avter  being  quil  fied  in 
Manner  aforefaid,  be  held  to  be  a  legal  Veftryman  or  Vcilrymcn,  to  all  Iniei.ts  and 
l^urpoles, 

XI.  AND  he  it  further  Enacted,  That  it  fhall  and  may  be  lawful  for  every 
Orthodox  MinilLr  inducted  into  any  Pariih  within  this  Province,  to  vote  and  act 
as  one  or  the  Vellry  of  his  Panfli ;  and  he  is  hereby  declared  to  have  the  fan  e 
Power  and  Authority  ,in  the  Veitry  of  the  Parifli  for  which  he  is  Minifter,  as  any 
otiier  Veftryman  haih  or  ought  tu  have. 


Room, 


M'n'ft'T    t-i   a^ 
as  a  Vcfirymnn. 


Chuidiwirdcns 

to  DC  chofen. 


Pen.  on  them  for 
Hut    liSirig  ;    and 
oihsi?  \i\  bi  cho 
f;;iun  theirKo;.m, 


XII.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Vefcry  of 
each  refpective  Parifh,  or  a  Majority  ot  them,  fhall,  and  are  hereby  directed,  within 
One  Month  after  being  elected  and  qua  ificd  as  aforefaid,  to  elect  and  choole  cut  of 
the  fuid  Veflry  Two  Perions  to  execute  the  Office  of  Churchwardens  ;  and  every 
Vellry  fhall,  and  are  hereby  required,  at  ail  1  imes  thereafter,  within  Forty  Days 
after  Eajler  Mon.,ay,  yearly,  to  elect  and  choofe  out  of  the  Veftry  Two  Perfons  to 
execute  the  faid  Office;,  and  if  the  Perfons  elected  Churchwardens  as  aforefaid  by 
Virtue  of  this  Act,  or  either  of  them,  fhall  refufe  to  execute  the  faid  Office,  he  or 
they  fo  refufing,  (hull  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Pioclaiiiaticn  Mo- 
ney,  to  be  recovered  and  applied  as  herein  after  d  ire  (fled  ;    and   in  fuch  Ca'e  the 

Room  of  him  or  them  fo  refufing,  another. 


Veitry  fhall  proceed  to  choole,  in  th 

or  other  Churchwarden  or  Churchwardens,  out  of  the  faid  Vtflrym.en. 


Provided, 


That  no  Perfon  whatfotver  fhall  be  obliged  to  feive  as  Churchwarden  in  any 
longer  than  One  Year. 


rifli 


to  the  contrary,  notwithftandino-. 


P '"""?'!„,„.        X^^I-     PROVIDED  alfo,  That  no  Mem.ber  of  his  Majefly's  Council  fhall 
f.'vn  krv:n2  as    DC  Compelled  to  ferve  in  the  (.  ;ifice  of  Churchwarden  ;  anv  Thing  herein  contained. 

Churchwardens.        t^^  rh^.  rnnrrnt-v      n,-.t-„„^l,n-,.,.i;.,^  '  XIV.    AND 


(aj  Txhe  gth  Claufe,  relating  to  DiiTenters,  altered,  by  Aft  Ncv.  i;68,  Chap.  2, 


LAWS    (f    North-Carolina. 


3°: 


XIV.  A  N D  be  it  further  Enacted,  hy  the  Authority  af or ef aid.  That  the  Church-  ^-  J^-  i7^'4. 
wardens  of  every  Parifh  Ihall  purchafe,  at  the  Expence  oi'  the  fame,  well  bound 
Books,  for  keeping  therein  a  Journal  and  Minute  of  all  the  Proceedifigs  of  the-Vef- 
try;  in  which  fhall  be  fairly  ilated,  Accounts  of  all  fuch  Money  as  they,  from  Time 
to  Time,  fliall  receive  in  Virtue  of  their  Office,  and  all  Difburlements  made  on 
Account  of  the  Parifli ;  and  within  Ninety  Days  after  their  Wardenfhip  lliali  expire, 
caufe  the  Clerk  to«^et  up,  in  the  Court-Houle  of  their  County,  on  a  Court  Day, 
Copies  of  fuch  Accounts,  and  continue  the  fame  during  the  Sitdng  of  the  Court, 
for  Infpedion  of  the  Parifhioners  ;  and  every  Churchwarden  or  Clerk  who  fhall  fail 
or  negleft  fo  to  do,  fhall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation 
Money  •,  to  be  recovered  by  Adion  of  Debt  or  Information,  in  any  Inferior  Court 
of  Pleas  and  Quarter  Scflions  ;  one  Half  to  the  Ufe  of  the  Informer,  and  the  other 
Half  to  the  Ufe  of  the  Parifli  v,'herein  fuch  Failure  or  Negleft  fl:all  happen. 


Biuks  to  be  pro- 
vided for  theVci- 
try  Accounts. 


Churclnvnrdcna 
to  fet  up  in   the 
Couft-Houfc  Co- 
pies of  them. 


XV.  AN D  he  it  further  Enabled,  hy  the  Authority  aforcfaid.  That  the  Church- 
wardens, or  in  Cafe  they  refufe  or  neglcfl:,  any  Three  of  the  Veflry  in  any  Parifli, 
fhall  have  Power  and  Authority  to  call  a  Vcftry  upon  any  Occafion  which  they  lliall 
judge  neceflary,  by  Summons  under  their  Hands,  direfted  to  the  Conftables  of  the 
feveral  Difiricls  of  each  Parilli,  who  are  hereby  direded  to  execute  the  fame,  under 
the  Penalty  of  Ten  Shillings,  Proclamation  Money,  for  each  Veftryman  in  fuch 
Summons  named  that  they  fhall  fail  to  fummon :  And  every  Veftryman  who  fiiall 
refufe  or  neglect  to  attend  the  Veftry  agreeable  to  fuch  Summons,  fhall  forfeit  and 
pay  the  Sum  of  Ten  Shillings,  Proclamation  Money,  for  every  fuch  Neglect,  unlefs 
he  fhall  fhew  fufhcient  Caufe  for  {q  doing,  to  be  admitted  by  the  Veftry  at  their 
next  Meeting  ;  which  Penalties  fliall  be  recovered  and  applied  as  herein  afi;er  di- 
rected. 


Churchvi'irtlens, 
or    any    3    of  the 
Vcftry,  nr.ay  call 
a  Veftry, 


Penalty  on  thetn 
icg'ctting  to  at- 
tend. 


,  XVI.  AND  he  it  further  Enatled,  hy  the  Authority  aforefaid.  That  the  Veftries 
of  the  feveral  Parifhes  fliall  have  full  Power  and  Authority,  upon  the  Death  or  Re- 
moval out  of  their  refpedive  Pariflies  of  any  Churchwarden  or  Churchwardens,  be- 
fore the  Time  limited  for  executing  the  faid  Office  is  expired,  to  eleft  and  choofe 
out  of  the  Veflry  another  or  other  Churchwardens,  in  the  Place  of  the  Perfon  or 
I'erfons  ib  dead  or  removed ;  and  every  Churchwarden  fo  elefled  fliall  ferve  until 
the  Time  appointed  by  this  Ad  for  Eledion  of  Churchwardens,  under  the  Penalty 
of  Forty  Shillings,  Proclamation  IVIoney. 

XVII.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  every  Agree- 
ment and  Order  by  the  Veftry  of  any  Parifli  heretofore  entered  into  or  made,  or 
which  hereafter  fliall  be  made  or  entered  into,  for  making  Provifion  for  a  Minifter 
to  ferve  the  Cure  of  the  Parifli,  fupporting  the  Poor,  or  defraying  the  contingent 
Charges  thereof,  fliall  be,  and  is  hereby  declared  good  and  available  againft  them 
iand  their  Succeffors, 


On  D'atn,  &c. 
of  Churchwar- 
a^ni,  Veftry  to 
chuole  others. 


Agreerrpnts  mado 
by  Vetlries,  to 
bind  thcin  ami 
their  Succ.ir.rs. 


.  ^  XVIII.  AND  he  it  further  Enacled,  hy  the  Authority  aforefaid.  That  when  any 
Veftryman  fliall  hereafter  happen  to  die,  or  remove  out  of  the  Parifh  for  which  he 
was  eleded,  the  remaining  Veftrymen,  or  the  Majority  of  them,  fliall,  and  are 
hereby  direded  and  required,  to  eled  another  Veftryman  inftead  of  him  fb  dying  or 
removing,  who  fliall  qualify  himfelf  as  by  this  Ad  is  direded. 

XIX.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Veftry 
of  every  Parifli  in  this  Province,  fliall  hereafter  be  held  at  the  Church,  or  Court- 
Houfe,  or  ufual  Place  of  holding  the  Court  of  the  County  j  any  Ufage  or  Cuftom 
to  the  contrary  notwithftandina. 


Veftrymen  ily« 
ing,  &c.  others 
tu  be  chafen. 


Vefirics  whsrs 
held. 


XX.  AND  hi  it  further  Enacted,  hy  the  Authority  aforefaid.  That  it  fliall  and 
may  be  lawful  for  the  Veftries  of  each  and  every  Parifli  within  this  Province,  to  ap- 
point one  or  more  Clerk  or  Clerks  as  Readers,  to  perform  Divine  Service  at  fuch 
■our..  ,„;^K;„  .1,.;.  f;.„„..i  o..;n,.„  „.  /i,„n    ^  ^j,^  refpedive  Veftries  be  appointed 


aces  within  their  feveral  Pariflies  as  fliall. 


ind  directed. 


0.1 


XXL     AND 


Veftries  to  Tp. 
point  Readers, 


3o8 


LAWS    of    Nortk-Carolina. 


A.  D.  1764.  XXL  A  N D  be  ii  further  Enacted,  by  the  Authority  aforefaid,  That  the  Veflry  of 
each  refpective  Parifh  fhall  have  full  Power  and  Authority,  and  are  hereby  directed 
and  required,  between  Eajler  Monday  and  the  Firft  Day  of  November,  yearly,  to 
lay  a  Poll-Tax  on  the  taxable  Perfons  in  their  Parifli,  not  exceeding  Ten  Shillings, 
for  building  Churches  and  Chappels,  paying  the  Minifters  Salary,  purchafing  a 
Glebe,  erecting  a  Manfion,  and  convenient  Out-Houl'es  thereon,  encouraginp- 
Schools,  maintaining  the  Poor,  paying  Clerks  and  Readers,  and  defraying  other  in- 
cident Charges  of  their  Parifh:  And  if  the  Veftry  of  any  Parifh  fliall  neglect  or  re- 
fufe  to  lay  a  fufficient  Tax  to  fatisfy  the  Miniller,  and  other  Creditors  of  the  Parifh  ; 
in  fuch  Cafe,  the  Veftry  fo  refufing  or  neglecting,  fhall  be  liable  to  the  Action  of 
the  Party  grieved,  his,  her,  or  their  Executors,  or  Adminiftrators,  for  all  Dama- 
ges which  he,  flie  or  they  fhall  fuflain  thereby. 


Tncumlient    to 
pel  form      D.vine 
Service   in    h  s 
Surplice  oiG  wn 


No  Vcftryman  to 
bi  Cieili  of  the 
V.ftry. 


Shenffs  to  colleft 
the  Harifti  Taxes 
and  to  give  Bond 


Upo-t  their  refu- 
idl,  Veftry  may 
appoint  a  Collec- 
tor. 


Sheriff  remnvcj 
frram   his  Office, 

before  finiftiing 
hh  Colkaion, 
not  to  dtflroy  his 
Vowcr  of  colleft- 
ing  ;  and  where 
he  dies,  Veftiy 
to  employ  next 
She.  iff. 


Recovery  of  Wo. 
nev  from  Pjtjfll 
Culkaors. 


XXII.  AND  be  it  further  Enacted,  That  the  Incumbent  of  each  and  every 
Parifh  within  this  Province  fhall,  at  the  Time  of  performing  Divine  Service,  appear 
in  the  reading  Defk  and  Pulpit,  either  in  a  Surplice  or  Gown,  agreeable  to  the 
Rubrick  of  the  Church  of  England, 

XXIII.  AND  be  it  further  Enacted,  by  the  Authority  af ore f aid,  ThatnoVeftry- 
man  hereafter  fhall  be  capable  of  holding  or  exercifing  the  Office  of  Clerk  of  the 
Veflry  -,  but  the  Veflry  of  every  refpeftive  Parifh  fhall  appoint  fom.e  other  Perfon 
of  Skill  and  Probity  to  officiate  as  Clerk, 

XXIV.  A  N  D  for  the  better  collecting  and  paying  the  faid  Tax  •,  Be  it  further 
Enaofed,  by  the  Authority  aforefaid.  That  every  Sheriff  in  this  Government  fliall  be, 
and  is  hereby  appointed  CoDeftor  of  all  fuch  Taxes  as  fhall  be  afTeffcd  by  the  Veftry 
or  Veftries  within  his  County  ;  and  within  Forty  Days  after  fuch  AfTefTmcnt,  fliall 
enter  into  Bond,  with  fufficient  Securities,  in  the  Sum  of  Five  Hundred  Pounds, 
to  the  Churchwardens  of  the  Parifh  or  Pariflies  within  his  County,  that  he  will  du- 
ly colled  fuch  Taxes,  and  pay  the  fame  to  the  Veftry  for  the  Ufe  of  the  Parifh  : 
And  every  Sheriff  who  fhall  fail  or  negleft  to  give  fuch  Bond  and  Security,  fhall 
forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Money  •,  to  be  recover- 
ed with  Cofts,  by  Adion  of  Debt  or  Information,  in  any  Court  of  Record,  by  the 
Churchwardens  to  whom  fuch  Bond  and  Security  ought  to  have  been  given,  to  the 
Ufe  of  the  Parifli :  And  upon  fuch  Refufal  or  Negleft  of  the  Sheriff,  the  Veftry 
fhall,  and  are  hereby  required,  to  nominate  and  appoint  fome  other  Perfon  to  col- 
left  and  receive  the  aforefaid  Tax,  who  fhall  give  Bond  and  Security  to  colled  and 
pay  the  fame  in  Manner  aforefaid  ;  and  thereupon  fliall,  and  is  hereby  declared  to 
have  full  Power  and  Authority  to  colled  and  receive  the  fame,  under  the  like  Rules 
and  Regulations  as  the  Sheriff  could  or  might  have  coUefted  the  faid  Taxes. 

XXV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  She- 
riff who  hath  undertaken  the  Colledion  of  Parifh  Taxes  as  aforefaid,  fhall  happen 
to  be  removed  from  his  Office  as  Sheriff,  or  his  Time  of  Service  therein  expire  be- 
fore he  fhall  have  compleated  the  fame,  his  Power  of  collecting  fuch  Parifli  Taxes 
and  making  Diftrefs  for  the  fame,  fiiall  continue  as  fully  and  amply  as  if  he  had 
not  been  removed,  or  his  faid  Office  of  Sheriff  had  not  expired  :  And  where  any 
fuch  Sherift'or  other  Collector  fliall  happen  to  die  before  he  hath  finiflied  his  Collec- 
tion, the  Veftry  fliall  have  full  Power,  and  are  hereby  directed,  to  appoint  the  fuc- 
ceeding  Sheriff,  or  another  Collector,  to  finifli  the  fame;  who  having  given  Bond 
and  Security  for  the  Difcharge  of  his  Office,  fhall  be,  and  is  hereby  invefted  with 
the  like  Power  and  Authority  for  that  Purpofe,  as  the  Sheriff  or  other  Collector  fo 
dying  had  or  might  have  exercifed. 

XXVI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any 
Sherifi\,  or  other  Parifli  Collector,  fhall  neglect  or  refufe  to  account  for  "and  pay 
the  feveral  Parifh  Taxes  that  have  been,  or  hereafter  fliall  be  afl^elfed  on  the  Taxa- 
ble Perfons  of  the  Parifli  whereof  he  is  Collector,  and  wherewith  he  fliall  be  charge- 
able. 


made   on    Dvlin- 
q'uncs. 


L  A  IV  S    of    North-Carolina.  309 

able,  according  to  the  Directions  of  this  Act,  after  deducting  th-;  Commiflions  al-  ^-  D.  1764. 
lowed  him,  and  the  leveral  Sums  chargeable  to  Perfons  who  have  no  vifible  Ellate  v.-'-^r"*^ 
in  fuch  Parilh ;  it  ftiall  and  may  be  lawful  for  the  Superior  Court  of  the  Diftridl 
wherein  fuch  Sheriff  or  CoUedlor  fhall  live,  either  before,  or  at  any  Time  after  the 
Expiration  of  his  faid  Office,  on  Motion  of  the  Churchwardens,  to  give  Judgment 
agamft  fuch  Sheriff  or  Colleftor  for  all  the  Money  wherewith  he  (hall  or  may  be 
chargeable  to  fuch  Parifh,  with  Cods ;  and  thereupon  to  award  Execution  againfl 
the  Goods  and  Chattels,  Lands  and  Tenements,  of  fuch  Sheriff  or  CoUedor, 
Provided^  That  he  have  Ten  Days  previous  Notice  of  fuch  Motion, 

XXVII.  AND  le  it  further  Enabled,  by  the  Authority  aforefaid^  That  all  fuch  p..;*  Ta«3 
Taxes  fhall  be  collected  and  accounted  for  by  the  Sheriff  or  other  Colleaor,  on  or  '''''"  '"  ^'^  ^^'^' 
before  the  Tenth  Day  of  June  in  every  Year;  and  the  Sheriff  or  Colledor  fhall  be 

allowed  Six  per  Cent,  for  his  Trouble  for  colleifting  and  paying  the  fame ;  and  is 

hereby  declared  to  have  full  Power  and  Authority,  at  any  Time  afttr  the  Tenth 

Day  of  March  in  every  Year,  upon  Negled  or  Ref ufal  of  Payment  of  the  faid  Tax, 

or  any  Part  thereof,  by  any  Perfon  chargeable  therewith,  to  difbrain  the  Goods  and 

Chattels  of  the  Perlbns  fo  refufing  or  neglecting :  And  if  the  Owner  thereof  fhall    ^''^:"^^  rmy  be 

not  pay  what  is  due  within  Five  Days  after  fuch  Diftrefs  is  made,  fuch  Sheriff  or 

Collector  fhall   and  may  fell,  by  Auction,    the  Goods  fo  diflrained,  or  fo  much 

thereof  as  fhall  be  fufficient  to  fatisfy  the  faid  Tax  ;  and  the  Sum  of  Two  Shillings 

and  Eight-Pence,  Proclamation  Money,  for  making  fuch  Diftrefs,  and  Charges  on 

the  Sale  thereof,    returning  the  Overplus  (if  any)   to  the  Owner ;  but  fhall  give 

Notice  of  the  Sale,  by  letting  up  an  Advernfement  in  Writing,  at  the  Court- Eloufe 

of  the  County,  the  Church  Door  in  the  Parifh,  or  at  the  mofl  public  Place  of 

Worfhip  where  there  is  no  Church  ;  and  by  publifhing  the  fame  among  the  People 

immediately  after  Divine  Servvice,  on  the  next  Sunday  after  the  Expiration  of  the 

faid  Five  Days  -,  which  Sale  fhall  not  be  in  lefs  than  Three  Days,  nor  more  than; 

Ten  Days  after  Notice  fo  given  ;  and  fhall  be  good  and  eflectual  in  Law  againfl  all 

Perfons  whatfoever. 

XXVIII.  PROVIDED  always.  That  no  Sheriff  or  other  Officer  fhall,  at    ^l^Hl'^^^''^^' 
any  Time,  make  or  take  unreafonable  Diftrefs,  or  feize  the  Slave  or  Slaves  of  any    "n  sLves,  '  °* 
Perfon  for  Parifli  Ta::es,  if  other  fufficient  Diftrefs  Ihall  be  fhewn  to  fuch  Sheriff  or 
Collector  by  the  Perfon  on  whom  fuch  Diftrefs  is  made ;    upon  Penalty  of  being 

liable  to  the  Action  of  the  Party  grieved,  wherein  he  Ihall  recover  full  Cofts,  altho' 
the  Damages  lecovered  fhall  be  under  Forty  Shillings. 

XXIX.  AND  bs  it  further  Enacted,  by  the  Authority  afcrefaid.  That  the  Veftry  Vefirits  Power  ta 
of  every  Parifli  fhall  have  full  Power,  from  Time  to  Time,  to  call  any  Juftice  of  lo  Account,"^" 
the  Peace,  or  other  Perfon  or  Perfons  whatfoever,  to  Account,  on  Oath,  and  pay  ="  ."^'p  "!,  '^"' 
to  them  the  Monies  in  the  Hands  of  him  or  them  belongnig  to  their  Parifh,    or 

accruing  or  becoming  due  to  the  fame  by  Virtue  of  the  Laws  of  this  Province : 
And  if  any  Juftice,  or  other  Perfon,  fhall  refufe  or  negleft  to  appear  and  account 
as  aforefaid,  he  fhall  forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation 
Money  -,  to  be  recovered  with  Cofts,  by  Adlion  of  Debt  or  Information,  in  any 
Court  of  Record,  and  be  applied  to  the  Ufe  of  the  Parifli-,  and  where  any  Suit 
fhall  be  undetermined,  the  fame  fhall  or  may  be  carried  on  by  the  fucceeding 
Churchwardens,  in  the  Name  of  their  Predtxc;ffors  who  brought  fuch  Suit ;  and  the 
Death  or  Expiration  of  Office  of  the  Churchwarden  or  Churchwardens  fhall  not  be 
pleaded  in  Abatement  of  fuch  Suit,  nor  deemed  Matter  of  Error ;  any  Law  or 
Ufage,  to  the  contrary,  notv/ithftanding. 

XXX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  feveral    /^""""y  ^nJ 
Forfeitures  and  Penalties  by  this  Aft  inflicted,  for  which  no  Method  of  Recovery    vlL^'C 

or  Application  is  herein  before  diredted,    fhall  and  may  be  recovered,    with  Cofts, 
before  any  Jurifdidion  having  Cognizance  thereof;  one  Half*  to  the  Ufe  of  the  In- 
former, and  the  other  Half  to  the  Ufe  of  the  Parifli  wherein  fuch  Penalty  fhall  be  ' 
incurred.  XXXI.  AND 


3IO  LAWS    o/^'  North-Carolina. 

4.  D.  1764.  XXXI.  JND  le  it  further  EnaSfed^  by  the  Authority  c.forefaid.  That  if  it  fliall 
i'***r^T^  fo  happen  from  Badnefs  of  Weather,  or  any  other  unavoidable  Hinderance,  that 
leflions,  if  the  an  ElcdlioH  of  Veftrymen  for  any  Parifli  fhall  not  be  held  upon  any  of  the  Days  by 
J'ointed'  ^7f"'v^"  ^^^^  ^^  appointed  for  that  Purpofe,  that  in  fuch  Cafe  the  Sheriff  fhall  appoint  a 
b^d.  Time,  not  lefs  than  Ten,  nor  exceeding  Twenty  Days  thereafter,  for  eledting  Vef- 

trymen in  every  fuch  Parifh,  and  fhall  fummons  the  Freeholders  thereof  to  attend 
and  eleft  Veflrymen  in  the  Manner  by  this  Adl  direfted  -,  and  every  luch  Eleftion 
fhall  be  as  good  and  valid  as  if  made  upon  the  particular  Days  herein  appointed  ibr 
that  Purpofe;  any  Thing  herein  contained,  to  the  contrary,  notwithftanding. 

Sheriff  t.)  ~ni  XXXII.  A  N D  he  it  farther  EnaSled,  by  the  Authority  aforefaid.  That  the  She- 
aSt'^e'^Sic';  riff  of  every  County  within  this  Province,  at  the  Court  preceding  every  Elcftion  of 
b.fore  cveiy  E-    Vcftrymen,  fliall  publickly  read  this  Ad,  at  the  Door  of  the  Court-Houfe,  on  the 


ledii/ii. 


Second  Day  of  the  Court,  between  the  Hours  of  Twelve  and  One  of  the  Clock ; 
and  alfo  give  Notice  of  fuch  Eleftion,  by  fetting  up  an  Advertifement  in  Writino- 
at  each  Church  and  Chappel  in  the  Parifh,  on  fome  Sunday^  at  leaft  Forty  Days 
before  the  fame :  And  every  Sheriff  failing  fo  to  do,  fliall  forfeit  and  pay  Ten 
Pounds,  Proclamation  Money ;  to  be  recovered  with  Cofls,  in  any  Inlerior  Court 
o^  Pleas  and  Qtiarter  Seffions,  by  Aftion  of  Debt ;  one  Half  to  the  Ufe  of  the 
Parifh  wherein  fuch  Failure  Ihall  happen,  and  the  other  Hall  to  him  or  them  who 
fhall  fue  for  the  fame. 

thi?Aar"""^  XXXIII.  A  N  D  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  this  Adl 
fhall  continue  and  be  in  Force,  from  and  after  the  paffing  thereof,  for  and  during 
the  Term  of  Five  Years,  (a) 


CHAP.     III. 

An  A£l  to  impotver  the  Inferior  Courts  of  the  feveral  Counties  in  this  Province  to  order 
the  laying  out  of  Public  Roads,  and  eftablifh  and  fettle  Ferries  ;  and  to  appoint  ifhere 
Bridges  pall  be  built,  for  the  Ufe  and  Eafe  of  the  Inhabitants  of  this  Province  j  and 
to  clear  navigable  Rivers  and  Creeks,  (b) 

»03ds  an-i  Fer.    I.  "T^  E  it  Enactcd,  by  the  Governor,  Council,  and  AffembJy,  and  by  the  Authority  of 
ri«cftabi:fl..d.  J^  ^^^  j^.^^^^  ^^^^  ^j^  ^QZ'^%  and  Fcrrics  in  the  feveral  Counties  of  this  Pro- 

vince, that  have  been  laid  out  or  appointed  by  Virtue  of  any  Act  of  Affembly  here- 
tofore made,  or  by  Virtue  of  any  Order  of  Court,  are  hereby  declared  to  be  Public 
Roads  and  Ferries ;  and  that  from  Time  to  Time,  and  at  all  Times  hereafter,  the 
spfoint  Ferries,  Ififerlor  Court  of  the  feveral  Counties  in  this  Province,  fliall  have  full  Power  and 
&  Jay  out  Roads.  ^^^j-^Qj-j^y  j-q  appoint  and  fettle  Ferries ;  and  to  order  the  laying  out  Public  Roads, 
where  neceffary ;  and  to  appoint  where  Bridges  fhall  be  made,  for  the  Ufe  and  Eafe 
of  the  Inhabitants  of  each  County ;  and  to  difcontinue  fuch  Roads  as  are  now,  or 
fliall  hereafter  be  made,  as  Ihall  be  found  ufelefs  ;  and  to  alter  Roads,  fo  as  to  make 
them  more  ufeful,  as  often  as  Occafion  fliall  require. 


Co'srts  Power  to 


Road 


Courts  to  call  to  II.  AND  be  it  furthcr  EnaSlcd,  by  the  Authority  aforefaid.  That  each  Inferior 
fw^^ii"  M(n'''^°cn  Court  within  this  Province  is  hereby  authorized  and  impowered  to  call  any  Perfon 
Ddin°iuency  on  Of  Pcrfons  in  their  refpeclive  Counties  to  Account,  for  any  Monies  fuch  Perfon  or 
Perfons  may  have  in  his  or  their  Hands,  by  Virtue  of  any  Difl:refs  heretofore  made 
for  Default  of  working  on  any  Road  in  fuch  County ;  and  all  fuch  Monies  to  re- 
ceive and  apply  towards  keeping  in  Repair  the  Roads  and  Bridges  on  which  fuch 
Default  was  made,  ^ 

III.  AND 


(a)  Further  continued  for  Five  Years,  by  Aft  Nov.  1768,  Chap.  2. 

(h)  See  Aft  Dec.  1770,  Chap.  18,  for  amending  this  Aft.     Alfo  Aft,  Nov.  1771,  Chap  2,  far 
repealing  this  Aft  as  to  the  Counties  of  BJaden,  Mecklenburg,  and  Guilford, 


L    A    ^V  S      of     N  O  R  T  il  -  C  A  R  O  L  1  :S 


R -aJs   hi-w    laid 
tu:. 


III.  y^iVZ)  ^v /V//.'r//?'cr  £«(767^J,  That  all  Roads  hereafrer  to  be  laid  our,  fliall  ^'  D.  1764 
be  laid  out  by  a  Jury  of  Twelve  Men,  appointed  by  the  laid  Inferior  Courts,  re- 
fpectively  :  Wnich  Jury,  being  Freeholders,  (hall  take  an  Oath  to  lay  out  the  fame 
to  the  greatcil  Eale  and  Conveniency  of  the  Inhabitants,  and  as  little  as  may  be  to 
the  Prejudice  of  any  private  Perfon  or  Perfons  inclofed  Ground  •,  and  thtr  Damages 
wnich  iha.l  be  fuilained  by  any  private  Person  in  la\  ing  out  kich  Road,  fhall  be 
afcercained  by  the  fame  Jury,  on  Oath,  who  laid  out  iuch  Road,  to  be  equally 
afTdled  by  the  Inferior  C(  urt  of  fuch  County,  and  levied  and  collected  by  the  Over- 
fecr  of  Iuch  Road  on  the  taxable  Perfons  which  ought  to  work  on  the  fame,  and  by 
him  paid  to  the  Party  injured. 


IV.  AND  be  it  firther  Ena^e.\^  That  if  any  Perfon  or  Perions  after  the  paffing 
this  A6t,  not  impowered  to  keep  Ferry,  Ihall  pretend  to  keep  any  Ferry,  or  to 
tranfport  any  Pcrlon  or  Perf)ns,  or  their  Effects,  tor  Pay,  within  Ten  Miles  of  any 
Ferry  (being  on  the  fame  River  or  Water)  v/hich  is  already,  or  htreaitcr  Ihall  be 
app  nnted,  ;uch. Perfon  or  Perfons  fo  pretending  to  keep  Ferry,  or  tranfporting  any 
Pcifjn  or  Perfons,  or  their  Effe^fls,  fliall  forfeit  and  pay  the  Sum  of  Twenty "Shil- 
li;-:gs.  Proclamation  Money,  tor  every  fuch  Offence,  to  the  nearcft  Ferryman  ;  to  be 
recovered  by  a  Warrant  irom  any  Jullice  of  the  Peace,  upon  full  Proof  th  rcof 
made  before  him. 


Vcn.  on  Pprfnns 
tTJi'fp;  rting'  fnr 
i'ay,  uver  any 
River  within  lo 
Miles  cf  a  Fuiy. 


V.     ANT^  he  it  further  Ena^ed,  That  all  fuch  Perfons  who  (liall  heiteafter  un-    P«n.  on  ferrymah 
dertake  to  keep  any  i'ublic  Ferry  by  Appointnunt,  and  do  not  provide  good  and    wrVaTtenXd'r"" 
fuilicient  Boat>,  or  other  proper  Craft,    and  keep  the  lame  in  good  and  luiBcient    ^ndingc^riOider. 
Repair,  and  well  and  fumciently  attended  lor  the  PafiT.  ge  ol  all  Travellers,  and  their 
Efie<Ss,  fhall  forfeit  and  pay  Ten  Pounds,  Proclamation  Money,  for  every  Negledf; 
one  Halt  to  the  Informer,  and  the  oti.er  Half  tor  and  towards  kffcning  the  County 
Tax  -,  to  be  recovered  in  the  Interior  Court  of  the  County  where  the  Offence  fhall 
be  committed. 


VI.     AN  D  he  it  further  Ena^ed,  That  all  Public  Roads  already  laid  out,  or  now    J^'""/  °'  ^'-^^ 


in  Ufe,  or  which  hereafter  fhali  be  laid  out,  Ihali  be  cleared  of  and  froni  all  Trees, 
Stumps,  and  BruiTi,  at  leait  Twenty  Feet  wide  ;  and  fuch  Limbs  of  Trees  as  may 
incommode  Horiemen  and  Carriages,  fhali  be  cut  away  -,  all  Bridges  or  Caufways 
made,  or  to  be  made  over  Swamps,  Lowlands,  or  fmall  Runs  of  Water,  the  Pieces 
wherewith  the  fame  fhall  be  made  Ihall  be  laid  acrofs  the  Read,  and  be  at  leaft  Four- 
teen Feet  long,  well  fecured,  maoe  faft,  and  covered  with  Earth ;  and  all  Bridges 
over  deep  or  navigable  Streams  fliall  be  made  at  leafb  Twelve  Feet  wide,  with  good 
fawed  Plank,  clear  of  .Sap,  at  leail  Two  Inches  thick,  widi  fii-m  and  flrong  Pulls, 
Rails,  and  Bearers,  well  fecured  and  faflened  ;  and  for  that  i  nrpo'e,  the  Overfeer 
of  the  Road  to  which  any  of  the  Bridges  albrefaid  fhall  belong,  ihall  and  may  lav/- 
fully  cut  and  take  from  off  the  Lands  of  any  Perfon  next  adjacent  to  fuch  Bridge, 
fuch,  and  fo  much  Timber  only,  as  fhall  be  neceffary  lor  that  Ule, 


ng      I\uad;r 
BnJgcs. 


and 


VII.  AN  D  be  it  further  Enared^  That  v/here  a  Bridge  fhall  be  neceffary  over 
any  Place,  where  the  Overlcer,  with  his  ATiftant?,  cannot  conveniently  make  it, 
the  Inferior  Court  of  that  County  wherein  fuch  Place  (hall  be,  is  hereby  impowered 
and  required  to  contrail  and  agree  for  the  building,  keeping,  and  repairing  thereof, 
and  to  levy  tiie  Charge  in  their  County  Levy  :  And  when  Bridges  fhall  be  neceffary 
over  any  Iuch  Cre.k  or  River,  which  divides  one  County  from  another,  the  Inferior 
Court  of  each  County  fhali  join  the  Agreement  for  building,  keeping,  and  repairing 
x\vc  fame ;  an  i  the  Charge  thereof  fhali  be  defrayed  by  bodi  Counties,  in  Proportion 
to  the  Number  of  Taxables  in  each. 


Curt!  fo  mate 
Bruges,  where 
inci  i.»fiiient  fm 
the  O.xifcert. 


VIII.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid^  That  all  and  every 
Contrail,  Agreem.ent,  and  Order,  by  the  Juilices  of  the  Inferior  Court  of  any  of 
the  Counties  aforefaid,  entered  into  or  made,  for  or  concerning  the  building,  keep- 
ing, or  repairing  Bri'.!ges,  in  fuch  Manner  as  to  them  fliall  feem  mofl  proper,  fnall 
be  good  a.id  available  againil  them,  and  their  Succeffors.  IX.  AND 


Contrifls  ty 
thrni  ij.ivd  tor 
Bntif.-S  tc  i.  nd 
I  hem  and  iheit 
SuctilL.'S. 


312  LAWS    of    Nokth-Carolina. 


A.  D.  1764.       IX.     AND  be  it  further  EfiaSiedy  That  the  Inferior  Court  of  the  faid  Counties 
*— -"*''"*^    fiiall  annually  appoint  Overleers  of  the  High-Ways  or  Roads,  who  are  by  this  Adt 
pomwdf  who  Ire   obligcd  to  fummon  all  Male  Taxables,  from  the  Age  of  Sixteen  to  Sixty  (except 
to  warn  HefAms   fy^^j-j  j^'grlons  33  atc  or  fhall  be  exempted  from  Pubhc  Services  by  the  Aflembly) 
Road°s!  °"          within  their  Diftrift,  to  meet  at  fuch  Places  and  Times  as  to  them  Ihall  feem  con- 
venient, for  the  repairing  or  making  fuch  Roads  as  fhall  be  neceflary  •,    and  except 
fuch  as  are,  or  have  been  heretofore  by  Law  excufed  from  appearing  at  Muflers  j 
and  fuch  as  fend  Three  Slaves,  or  other  Three  fufHcient  Hands,  to  work  on  the 
Pen.  for  Negkft  PubHc  Roads :  And  whofoever  Ihall,  upon  fuch  Summons,  refufe  or  negleft  to  do 
to  work.  ^i^j  perform  their  Duty  therein,  fliall  forfeit  and  pay  the  Sum  of  Two  Shillings  and 

Eight  Pence,  Proclamation  Money,  per  Day,  for  each  Perfon  fo  neglefting  or  re- 
fufing ;  to  be  recovered  by  a  Warrant  from  a  Magiftrate  of  the  County,  and  paid 
by  the  Sheriff  or  Conftable  to  the  Overfeer,  and  by  him  to  be  expended  in  hiring 
other  Hands  to  work  on  the  faid  Roads. 

Ovcifeert not  ex-       X.     P RO  VI D  E D  nevertbekfs.   That  nothing  herein  contained  fliall  be  con- 
empt.  flrued  to  exempt  Overfeers  of  Slaves  from  working  on  Roads. 

T^xabir,  to  have       XI.     PRO  VID  E  D  nlfo.  That  the  feveral  Perfons  fummoned  by  the  Overfeers 
6  Days  Notice,      ^q  work  on  the  Roads  as  aforefaid,  fhall  not  be  liable  to  any  Time  for  not  appearing 

and  doing  their  Duty,  unlefs  they  fliall  be  fo  fummoned  Six  Days  before  the  Day 

appointed  for  working. 

Pen.  on  Overfeers  XII.  ^ND  he  it  further  Enacted,  That  all  Overfeers  of  Roads  which  fhall 
futtering  R'.ads  to  j-cfufe  or  neglc6t  to  do  their  Duty,  as  is  by  this  Adt  direded,  or  who  fhall  not  keep 
epar.  ^^^  j^oads  ot  Bridges  clear  and  in  Repair,  or  let  them  remain  uncleared  or  out  of 
Repair  for  and  during  the  Space  of  Ten  Days,  unlefs  hindered  by  extreme  bad 
Weather,  fuch  Overfeer  fhall  forfeit,  for  each  and  every  fuch  Offence,  the  Sum  of 
Twenty  Five  Shillings,  over  and  above  fuch  Damages  as  may  be  fuflained ;  to  be 
recovered  by  a  Warrant  from  a  Magiftrate,  by  any  Perfon  taking  out  the  fame, 
and  to  be  applied  to  his  own  Ufe. 

Ferrymen  to  five       XIIL     AND  be  it  further  EnaSied,  That  from  and  after  the  pafTmg  of  this  AcV, 
Bond,    to   ketp  ^l[je  Inferior  Courts  of  each  and  every  County  in  this  Province  fhall  have  full  Power 
atil^ded'.""  ^^     and  Authority,   and  they  are  hereby  directed  and  required,    to  compell  all  Perfons 
that  now  do,  or  hereafter  fhall  be  appointed  to  keep  a  Public  Ferry,  or  who  fliall 
own  a  Bridge  receiving  Toll  within  the  faid  County,    to  give  good  and  fufficient 
Security,  in  the  Sum  of  One  Hundred  Pounds,  Proclamation  Money,  payable  to 
the  Chairman  of  the  faid  Court,  and  his  SuccefTors ;    with  Condition,    that  he  or 
they  fhall  and  will  conflantly  find,  provide,  and  keep  good  and  fufticient  Boats,  or 
other  proper  Crafts,    and  keep  fuch  Bridges  in  good  Repair,    as  the  Cafe  may  be, 
and  always  to  be  well  attended  for  Travellers  or  other  Perfons,  their  Horfes,  Car- 
Suitmaybebro-t   fiagcs,  and  Elfeds,  over  any  River  or  Creek  :    And  if  any  Perfon  flial!  receive  Da- 
ou  it,  for  any   magc  by  any  Ferryman,  or  Keeper  of  a  Toll  Bridge,  not  having  complied  with  the 
Dimagt  miam  d.   (>Q,.^|jjJQf^  ^^  ]^jg  Bond,  the  Perfon  who  has  fo  received  Damage  fhall  and  may  bring 
an  Aftion  of  Debt  againfl  fuch  Ferryman  or  Bridge  Keeper,  on  fuch  Bond,  in  the 
Name  of  the  Chairman,  and  recover,  for  the  Non-performance  of  the  faid  Condition^ 
fo  much  Damages  as  he,  fhe,  or  they,  fhall  appear  to  have  fuflained,  and  thereupon 
take  out  Execution  for  whatever  fliall  be  fo  recovered,    and  apply  the  fame  to  his. 
Pen.  fur  detai.i-    her,  or  their  own  Ufe ;  and  it  fliali  and  may  be  lawful  for  any  Perfon  detained  at 
ing  any  Ferfon.      ^^^  PubHc  FeiTy,  by  Mcans  of  the  Ferryman's  not  having  fufHcient  Boats,  or  other 
proper  Crafts,  and  Hands,  or  by  his  neglefting  to  do  his  Duty,  by  a  Warrant  from 
a  JuPtice  of  Peace,  to  recover  of  fuch  Ferryman  Tv/enty  Five  Shillings,  Proclama- 
tion Money,  for  fuch  Default  or  Negled. 

ovc.fem  =p-  XIV.  AND  be  it  further  Enabled,  That  upon  proper  Application  made  to  any 
R-'vTr's'Jd  '''""  of  the  Inferior  Courts  in  this  Province  for  clearing  navigable  Rivers  and  Creeks  m 
c«"ks.  their  rcfpedive  Counties,  it  fhall  and  may  be  lawful  for  the  faid  Courts,  and  they 

ata' 


LAWS     of    North-Carolina. 


2>'3 


are  hereby  directed  and  required,    to  appoint  ilich  Overfeers  cf  the  Roads  as  live  ^.  D.   1764.. 
molt  convenient  to  fuch  Rivers  and  Creeks,  with  their  Companies,  to  do  and  per-     w— «v**~<» 
form  the  lame,  as  ibon  as  may  be,  after  being  lb  directed :    And  upon  Negleft  or   Pen.  for  Negiea. 
Refufal  of  fuch  O/erlcer,  or  Company,  or  any  of  them,  to  do  and  perform  fuch 
Work  or  Service,    upon  due  Proof  thereof,  he  or  they  lb  refufing  or  negle6ting, 
Ihall  be  liable  to  the  lame  Fines  and  Forfeitures,  as  for  Negleft  or  Refufal  of  their 
Service  on  the  Road^^    which  Ihall  be  recovered  and  applied  in  the  lame  Manner. 

XV.  AN  D  he  it  further  Enacted^  by  the  Authcrity  afcrefaid^  That  if  any  Perfon  Aj^peais  giaate^. 
or  Pcrlbns  (hall  think  him,  her,  or  themfelves,  aggrieved  by  any  Order  or  Sentence 
of  the  Juftice,  or  Vcrdid  of  any  Jury  appointed  to  lay  out  any  Road  or  Roads, 
it  fh  ill  and  may  be  lawful  for  fuch  Perfon  or  Perfons  to  appeal  irom  the  Order  or 
Sentence  of  fuch  Juftice,  or  Verdict  of  fuch  Jury,  in  any  County,  to  the  next  In- 
ferior Court  to  be  ndd  tor  the  laiu  County  -,  who  are  hereby  impowered  to  hear  and 
determine  fuch  Appeals  in  a  fummary  Way. 


Overfeers  to  fet 
up  D. region  Htft» 
at  the  parting  of 
the  Koacis. 


XVI.  AND  he  it  EnaHed^  hy  the  Authority  afcrefaid.  That  all  Overfeers  of 
Roads  iball  caule  to  be  let  up,  at  the  parting  ot  all  Ruads  within  their  feveral  Dif- 
triits^  a  Po(t  or  Polts,  with  Arms  pointing  the  Way  of  each  and  every  Road,  with 
Diredions  to  the  moft  Public  Places  to  which  they  lead,  with  the  Number  of  Miles 
frpm  that  Place,  as  near  as  can  be  computed  :  And  every  Overfcer  v^^ho  fl->all  neo-- 
lect  or  refufe  fo  to  do,  and  keep  the  fame  in  Repair,  fhall  forfeit  and  pay,  for  every 
fuch  Negled,  the  Sum  of  Forty  Shillings  -,  to  be  recovered  before  any  Juftice  of 
the  Peace,  and  applied  as  other  Fines  m  this  A(ft  is  diredcd. 

XVII.  AND  he  it  further  EnoMed^  by  the  Authority  afcrefaid^  That  the  feveral  ^"^  *°  '"^'''•"'^i 
Overfeers  of  the  Roads,  within  Nine  Months  next  after  the  palTing  of  this  Aft,  fhall  actv^/ MUe!™' 
caufe  the  Public  Roads  within  their  Diftricts  relpeclively,  to  be  exactly  meafured 

where  the  fame  has  not  already  been  d; me  •,  and  fhall,  at  the  End  of  each  Mile' 
mark,  in  a  legible  and  durable  Manner,  the  Number  of  fuch  Miles,  beoinnino-' 
continuing,  and  making  the  Numbers  in  fuch  Manner  and  Form,  as  the  Inferior 
Courts  of  the  Counties  fhall  fcverally  and  refpeiftively  diredt ;  and  every  Ovcrfeer 
Ihall  keep  up  and  repair  fuch  Marks  and  Numbers  within  his  Diftri6t :  And  every 
Overfeer  refufing  or  negleding  to  mile  mark,  or  to  repair  the  Mile  Marks  within 
his  Diftri6t,  according  to  the  Intent  and  Meaning  of  this  Act,  for  the  Space  of 
Thirty  Days  after  Notice  of  their  being  unmarked  or  out  of  Repair,  flaall  forfeit 
and  pay  the  Sum  of  Twenty  Shillings ;  to  be  recovered  by  a  Warrant  before  any 
Juftice  of  the  Peace. 

.^  XVIII,  AND  be  it  further  Ena^ed^  by  the  Authority  aforefaid^  That  an  Act,  AasrejeaUs. 
indtuled.  An  rlct  for  imiowering  the  feveral  Commijfoners  herein  after  named  to  make^ 
mend^  and  repair^  all  Roads,  Bridges,  Cuts,  and  Water  Courfes,  already  laid  out,  or 
hereafter  to  be  laid  out,  in  the  federal  Counties  and  Diflricts  herein  after  appointed,  in  fuch 
-Manner  as  they  fhall  jud;_e  mofi  ufeful  to  the  Public,  paffed  at  Newbern  the  Twentieth 
Day  of  April,  in  the  Year  of  our  Lord  One  Thouland  Seven  Hundred  and  Forty 
Five ;  another  Act,  intituled.  An  Act  for  efiablijloing  Pubic  Roads  and  Ferries,  and 
for  the  better  Regulation  of  the  fame  in  feveral  Counties,  paffed  at  Newbern  the  Twelfth 
Day  of  Deumher,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Fifty 
Six ;  and  one  other  Act,  intituled.  An  Act  for  altering  the  Method  of  working  on  the 
Roads,  and  appointing  Puhlic  Ferries,  witlin  the  Counties  of  Duplin,  Cumberland, 
Rowan,  and  Anfon,  paffed  at  Newbern  the  Eleventh  \y:vf  oi  December,  in  the  Year 
of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty  Two  ;  and  every  Claufe  and 
Claufes,  Article  and  Articles  of  them,  and  of  each  and  every  other  Act  and  Acts, 
Claufe  or  Claufes  thereof,  heretofore  made,  within  the  Purview  of  this  Act,  fhall 
be,  and  are  hereby  feverally  from  henceforth  repealed. 


CHAP.     IV. 

An  Act  to  fupprefs  e::crjfive  and  deceitful  Gamin?, 
R  r 


EXP. 


CHAP. 


3i4  LAWS     ^North-Carolina. 

A.  D.  1764.  CHAP.    V. 

An  Act  for  encouraging  the  Culture  of  Hemp  and  Flax,  and  other  Purpofes.     (a) 

Ffcambie.  J    -^YTHEREAS  by  Experience  Hemp  and  Flax  have  been  found  to  grow 

VV    extremely  well  in  this  Province,  and  being  valuable  Articles  of  Com- 
merce ior  Exportation ;  in  Order  to  encourage  the  Culture  thereof. 

Bounty  on  Hemp        n      ^  £  jj;  Euactcd,  by  the  Governor,  Council,  and  JJfembly,  and  by  the  Authority 
ana  i\zx.  ^^  the  fame.  That  every  Ptrrlon  who  fhall  cultivate  Hemp  or  Flax  in  this  Province, 

and  who  Ihall  produce  a  Ctrcificate,  upon  Oath,  of  his  having  fo  done,  and  figned 
by  him  or  her,  and  atteftcd  by  any  lawful  Magillrate  in  the  County  whtrc  the  iame 
was  cultivated  ;  and  who  fhall  tender  the  Hemp  c^r  Flax  that  hath  been  by  him  or 
her  cultivated  to  any  Inipedor  to  be  appointed  by  Virtue  of  an  A61,  intituled.  An 
Ail  to  regulate  the  Infpe^iion  of  the  fever  al  Commodities  therein  mentioned  ;  who  on  view- 
inf'  the  fame,  fhall  find  it  to  have  been  Water-rotted,  bright,  cleanj  merchanta- 
ble, and  fit  for  Exportation,  fhall  give  a  Certificate  to  the  Perlon,  mentioning  the 
Perfon's  Name  tendering  the  fame,  the  Time  tendered,  the  Weight  and  Qualicy  of 
the  Hemp  or  Flax,  and  of  his  having  examined,  and  found  the  Hemp  or  Flax 
mentioned  in  his  Certificate,  to  have  been  Water- rotted,  bright,  clean,  merchant- 
able, and  fit  for  Exportation;  on  producing  of  which  Certificate  by  the  Cultivator 
of  the  Hemp  or  Flax,  or  his,  her,  or  their  Affigns,  together  with  an  Indorlement 
thereon,  under  the  Flands  oi  the  CoUcdlor  and  Naval  Officer  of  the  Fort  from 
whence  it  may  be  fhipped,  certifying,  that  the  Hemp  Or  Flax  therein  mentioned, 
had  been  duly  exported,  the  Time  v.'hcn,  and  the  Vcffcl's  Name  in  which  it  was  fo 
fliipped,  to  the  Provincial  Treafurer  for  the  Difbi<5t  where  the  Flemp  or  Flax  hath 
been  infpefted,  fhall  be  paid  to  the  Cultivator  of  Hemp  or  Flax  as  aforelaid,  or 
their  AfTi^ns,  the  Bounty  or  Premium  hereafter  mentioned,  in  the  following  Pro- 
portion, allowing  One  Flundred  and  Twelve  Pounds  to  the  Fiundrcd  Weight, 
viz.  For  every  Hundred  Weight  of  He  •  p.  Sixteen  Shillings  and  Eight- Pence. 
For  every  Hundred  Weight  of  Flax,  Thirteen  Shillings  and  Four- Pence  ;  and  fo 
in  Proportion  for  a  greater  or  lels  Qtiantity  :  Which  Premium  or  Bounty  fliall  be 
paid  by  the  Treafurer  as  before  mentioned,  out  of  the  Monies  in  his  Hands,  or 
may  be  in  his  Hands  for  Contingencies,  and  which  fhall  be  allowed  him  in  his 
Accounts. 

inrpeaor's  Fees        HI.     AND  be  it  furthcr  EnaTicd,  by  the  Authority  aforefaid.   That  the  Infpedor 
Ind'ilmo" ^''''    may  take  and  receive,  at  the  Rate  of  One  Shilling,  Proclamation  Money,  ior  every 
Hundred  and  Twelve  Pounds  of  Hemp  or  Flax  by  him  infpeded  and  found  mer- 
chantable, and  fo  in  Proportion  for  a  greater  or  lefs  Quantity,  and  for  which  he 
fliall  grant  a  Certificate  as  before  mentioned. 

D,.ty  on   Hides        IV.     A  N  B  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  raw  or  un- 
esported.  fanned  Flides,  Pieces  of  Elides,  or  Calf  Skins,  fhall,  from  and  after  the  Firft  Day 

of  May  next,  be  exported  out  of  this  Province  to  any  Port  {Great-Britain  only  ex- 
cepted) by  any  Perlon  whatfoever,  unlefs  a  Duty  of  One  Vtnuy  per  Pound  be  paid 
for  the  lame  to  the  Colleftor  of  the  relpeftive  Ports  where  the  lame  fliall  be  fhipped 
for  Exportation  ;  and  the  feveral  Colleftors  within  this  Province  are  hereby  direct- 
ed not  to  clear  out  any  Ship  or  Veflcl,  having  raw  and  untanned  Hides,  Pieces  of 
Hides,  or  Calf  Skins,  without  receiving  the  laid  Duty  of  One  Penny  per  Pound  ; 
and  the  laid  Colleftors  are  hereby  authorifed  and  direded  to  adminifter  the  follow- 
ing Oath  to  the  Mafter  or  Commander  of  any  Ship  or  VefTel,  viz. 

I  A.  B.  do  fwear,  that  I  have  not  on  Board  my  Ship  or  Vefjel,  any  raw  or  untanned 
Hides,  Pieces  of  Hides,  or  Calf  Skins,  except  what  is  mentioned  in  myprcfent  Clear- 
ance ;  and  that  I  will  not  carry  out  any  duri^tg  the  Continuance  of  this  prefent  Voyage. 

AND 


(a)     Se:  Aft  Nov.  17681  Chap.  8.  for  further  continuins  this  Adt. 


L  A  JV  S    of    North-Carolina. 


2>^5 


A.  D.    1764. 

Penalty  for  Non. 
Payment  of  the 
Duty. 


And  in  Cafe  any  Perfon  fhall  prefume  to  fliip  any  raw  or  untanned  Hides,  Pieces 
ot  Hides  or  Calt  Skins,  without  paying  the  laid  Duty,  the  faid  raw  and  untanned 
Hides,  Pieces  of  Hides,  or  Calf  Skins,  Ihall  be  forteited,  and  applied  towards 
paying  the  Bounty  on  Hemp  and  Flax  ;  and  the  faid  Duty  of  One  P^nny  per  Pound 
Ihall  be  iikewife  applied  to  the  faid  Ufe  and  Purpofes ;  and  paid  by  the  feveral  Col- 
lectors to  the  Public  Trealurers  of  this  Province,  towards  reimburfing  the  faid 
Treafurers  for  the  Bounties  paid  by  them  on  Hemp  and  Flax. 

V.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Collec-    Pen.onCoiie£ior 
tor  fhall  prefume  to  clear  out  any  Ship  or  Veffel  contrary  to  the  true  Intent  and    v"n'^"^„  *""'  '"'' 
Meaning  ot  this  Aft,  he  fhall  forfeit  and  pay  the  Sum  of  Fifty  Pounds ;  one  half   thisAtv""^'" 
to  the  Perfon  who  fliall  fue  for  the  fame,  and  the  other  half  to  the  Treafurer  of  the 
Diltrid  where  the  Offence  fnall  be  committed ;  to  be  recovered  by  Aftion  of  Debt, 
in  any  Court  of  Record,  having  Cognizance  of  the  fame,  and  applied  towards  the 
Bounty  on  Hemp  and  Flax. 


VI.     AND  be  it  Enacted,  by  the  Authority  aforefaid.  That  this  Aft  fhall  conti-    continuance 
nue  and  be  in  Force  for  the  Space  of  Five  Years,  and  from  thence  to  the  End  of   'his  Ad. 
the  next  Scffion  of  AfTembly. 


of 


CHAP.     VI. 

An  A5f  to  a;ncnd  an  Act,  intituled.  An  Aft  for  the  Relief  of  fuch  Perfons  as  have 
fuffered,  or  may  fuffer,  by  not  having  had  their  Deeds  and  Mefne-Conveyances 
proved  and  regiftered  within  the  Time  heretofore  appointed  for  fuch  Purpofes ; 
and  to  prevent  I^ilputes  and  Law-Suits,  concerning  Lands. 


i.  TTf  THERE  AS  by  an   Aft  pafTed  at  Newbern,  in  the  Year  of  our  Lord    Presmbiea 

y  y  One  Thoufand  Seven  Hundred  and  Fifty-four,  intituled.  An  Act  for  the 
Relief  of  fuch  Perfons  as  have  fufered,  or  may  fiiffer,  by  not  having  had  their  Deeds  and 
Mefne-Conveyances  rcgifiered  and  proved  within  the  Time  heretofore  appointed  for  fuch 
Purpofes  \  and  to  prevent  Difputes  and  Law  Suits  concerning  Lands ;  all  Deeds  or 
Melhe-Conveyances  for  any  Lands,  Tenements,  or  Hereditaments  within  this  Pro- 
vince, were  to  be  acknowledged  or  proved  according  to  the  Direftions  of  that  Aft, 
and  delivered  to  the  Regifters  of  the  Counties  wherein  they  are  refpeftively  fituated, 
within  the  Space  of  Two  Years  from  the  refpeftive  Dates  thereof;  and  many  Per- 
fon?, through  Ignorance  of  the  Purport  of  the  laid  Law,  having  neglefted  to  have 
their  Deeds  or  Mefne-Conveyances  proved  and  regiftered  according  to  the  Direfti- 
ons of  the  faid  Aft  :  For  Remedy  thereof, 

II.     B  E  it  Enacted,   by  the  Governor,  Council,  and  AffemUy,  and  hy  the  Authority   Deeds  may  be  Re.: 
of  the  fame.  That  ail  Deeds  and  Mehie-Conveyances  of  Lands,  I'enements  and  He-    Ei"hutnMomhs". 
reditaments,  not  already  regiftered,  acknowledged,  or  proved,  fliall  and  may,  within 
Eighteen  Months  after  the  palling  of  this  Aft,  be  acknowledged  by  the  Grantor  or 
Grantors,  his  or  their  Agents  or  Attorneies,  or  proved  by  one  or  more  of  the  fub- 
fcribing  Vv^'itnelles  to  the  fame,    and  tendered  or  delivered  to  the  Regifters  of  the 
Counties  where  fuch  Lands,  Tenements,  or  Hereditaments,  are  refpeftively  fituattd: 
And  all  Deeds  and   Mefne-Conveyances  whatfbever,  which  fliall  be  acknowledged    Deeds  reginered, 
or  proved  according  to  the  Direftions  of  this "  Act ;  and  alfo,  fuch  as  have  been    if^'^  YLt''de'! 
heretofore  recorded  by  the  Clerk,  or  regiftered  by  the  Regifter  of  any  Precinct  or    <:i="d  good.' 
County,  wherein  the  Lands  or  Tenements  mentioned  in  the  fame,  lie,  or  are  fituate, 
though  not  within  Two  Years  after    the  Date  of  the  refpective  Conveyances,  fliall 
be  good  and  valid  in  Law,  and  fhall  enure  and  take  Effect,  as  fully  and  effectually, 
to  the  Ule  and  Behoof  of  the  Grantees,  their  Heirs  and  AlTigns,  and  thofe  claiming 
under  them,  as  if  fuch  Deeds  and  Conveyances  v/ere  acknowledged,  or  proved  and 
regiftered  agreeable  to  the  Directions  of  any  Act  of  Afll'mbly  heretofore  made^ 


R  r  2 


III.  AND 


3i6 


LAWS    of    North-Carolina. 


A.  D.    1764. 

Foreign  Hrote- 
ftsnts  ilying  fe  z. 
ed  of  Linds,  de- 
clared to  be  na- 
turalized ;  and 
intitled  to  the 
Frivikge  of  na- 
tural born  Sub- 
ji-fls  ;  and  all 
Gifts,  &c.  by 
them  made,  de- 
clared good. 


Not  tn  extend  to 
any  Gift,  &c. 
hereafter  to  be 
mide  oy  any  of 
them. 


III.  A  N  D  in  order  to  render  his  Majefty's  Subjefts  in  this  Province  fecure  in 
the  peaceable  and  quiet  Enjoyment  of  their  feveral  Eftates,  Rights,  and  Properties, 
and  to  prevent  all  Doubts,  Controverfies,  and  Difputes,  which  may  hereafter  arife 
concerning  the  Titles  to  any  Lands,  Tenements,  or  Hereditaments,  which  are  held 
or  claimed  by,  from,  or  under  any  foreign  Proteflant  heretofore  inhabiting  within 
this  Province,  by  Purchafe,  Difcent,  or  otherwife  :  Be  it  further  Ena^ed,  by  the 
Authority  aforefaid^  That  all  foreign  Proteftants  heretofore  inhabiting  within  this 
Province,  and  dying  feized  of  any  Lands,  Tenements,  or  Plereditaments,  fliall,  tor 
ever  hereafter,  be  deemed,  taken,  and  efteemed  to  have  been  naturalized,  and  inti- 
tled to  all  the  Rights,  Privileges,  and  Advantages  of  natural  born  Subjedls  ;  and 
all  Gifts,  Grants,  Deviles,  and  Mefne-Conveyances,  in  the  Law,  heretofore  made 
or  done  by  any  of  them,  or  by  any  fuch  foreign  Proteftants,  heretofore  inhabiting, 
and  being  feized  of  Lands,  Tenements,  and  Hereditaments,  in  this  Province,  of 
any  fuch  Lands,  Tenements,  or  Hereditaments,  fliall  be  deemed  and  taken  to  be  as 
valid  and  effectual,  to  all  Intents  and  Purpofes  whatfoever,  as  if  they  had  been  made, 
done,  or  executed,  by  any  of  his  Majefty's  natural  born  Subje6ls  of  this  Province  : 
And  the  Heirs,  Grantees,  Legatees,  and  Feeoffees  of  any  i'uch  foreign  Proteftant, 
holding,  claiming,  and  enjoying  any  Lands,  Tenements,  or  Hereditaments,  by, 
from,  or  vinder  any  fuch  foreign  Proteftant,  Iball  have,  hold,  occupy,  pofiefs,  and 
enjoy,  and  be  intituled  to  the  lame,  as  fully  and  rightfully,  as  it  the  laid  Lands, 
Tenements,  or  Hereditaments,  had  defcended  irom,  or  been  granted  or  conveyed  by 
any  of  his  IMajefty's  natural  born  vSubjeds  of  this  Province  :  Any  Law,  Cuftom,  or 
Ufage  to  the  contrary  hereof,  in  any-wife,  notwithftanding. 

IV.  PROVIDED  always,  That  nothing  in  this  A61  contained  fliall  be 
deemed  or  conftrued  to  extend  to  any  Gift,  Grant,  Devife,  or  other  Mefne-Con- 
veyance,  hereafter  to  be  made  or  executed  by  any  foreign  Proteftant,  now  rcfiding, 
or  hereafter  to  refide  within  this  Province, 


CHAP.     VII. 

Repealed  by  Pro-    An  A^  for  the  more  effeolual  fupprejjing  of  Felonies,  and  PuniJJjment  of  Counterfeiters  of 
chmation.  ^^^  Paper  Currency  of  this  Province,  and  of  Virginia. 

CHAP.  8.  An  Act  to  continue  an  Act,  intituled.  An  Act  to  make  Provifion  for 
paying  the  Chief  Juftice  and  Attorney  General's  Salaries,  and  de- 
fraying the  contingent  Charges  of  Government ;  paffed  in  the  Year 
of  our  Lord  One  Ihoufana  Seven  Hundred  and  Fifty  Eight.     E  X  Pc 

An  Act  for  deflroying  Vermin  in  this  Province.     EXP. 

An  Act  for  appointing  Public  1'reafurers.     REP. 


Preamble. 


9 

10, 


Tniffees  appoint- 
ed tor  building  a 
GjoI,      . 


C  H  A  P.     XL 

Aft  Act  for  erecting  in  the  'Town  of  Halifax  a  PuUic  Gaol,  and  Gaoler's  Uoufe,  for  the 
Dijlrict  of  Halifax,  in  this  Province. 

I.  T"¥  TH  E  R  E  A  S  the  Gaol  formerly  erefted  tor  the  Diftrift  of  Halifax  was 
YY  lately  burnt  dov/n,  and  there  being  no  Place  of  fufficient  Strength  to 
fecure  the  many  Felons  and  other  MifJoers  in  that  Diftri6t,  by  which  Means  Num- 
bers of  loofe  and  diforderly  Perfbns  are  daily  committing  the  moft  atrocious  Crimes 
with  Impunity  :  For  Remedy  whereof, 

II.  BE  it  Enabled,  by  the  Gc^oernor,  Council,  and  Affembly,  and  by  the  Authority  of 
the  fame.  That  from  and  after  the  pafllng  of  this  A6V,  Mr.  Peter  Copelnnd,  Mr. 
James  Young,  and  Mr.  Nicholas  Long,  fliall  be,  and  they  are  hereby  appointed  and 
conftituted  Truftees,  to  defign,  contrad  for,  and  cayfe  to  be  built  and  finldied,  a " 

lubftantial 


L  A  fV  S    of    North -Carolina. 


fubftantial  and  fufficient  Gaol  and  Gaoler's  Houle,  of  fuch  Dimenfions  and  Materi-   ^-  D.   1764. 
als,  and  on  fuch  Part  of  the  Public  Lots  in  the  f  lid  Town  of  Halifax,  as  to  them,     ^— -"v — ^ 
or  the  Majority  or  Survivors  of  them,  Ihall  feem  moll  proper  •,  whicii  Gaol  fo  erected, 
fliall  be  and  remain  the  Public  Gaol  of  the  fevcral  Counties  now  conClituting  the 
Diftrict  of  Halifax. 

III.  AND  be  it  further  Ena&ed^  by  the  Authority  aforefaid.  That  there  fliall  be  J"  'hioaoi' 
levied  on  each  taxable  Perfon  within  the  feveral  Counties  in  the  faid  Diftrict,  annually,     ""  '"^ 

for  the  Term  of  Two  Years  next  after  the  pafTmg  of  this  Act,  the  rclpective  Sums 
following,  to  wit.  On  each  taxable  Perfon  within  the  County  of  Halifax,  the  Sum  of 
One  Shilling,  Proclamation  Money  ;  and  on  each  taxable  Perfon  within  the  Counties 
oi  Northampton,  Gran'ville,  Bute,  Orange,  Johriftcn,  and  Edgcomb,  the  Sum  of  Eight 
Pence,  Proclamation  Money  :  Which  faid  relpective  Taxes  lliall,  by  the  Sherill  of 
each  of  the  faid  Counties  for  the  Time  being,  be  collected  in  the  fame  Manner, 
and  under  the  fame  Penalties  for  the  Non-payment  thereof,  as  is  directed  by  Law 
for  the  collecting  other  Public  Taxes  •,  and  the  Monies  arifing  therefrom  fliall  be 
paid  by  the  faid  Sheriffs  refpectively  to  the  Truftees  in  this  Act  named,  to  be  by 
them,  or  the  Majority  or  Survivors  of  them  as  aforefaid,  applied  towards  difcharg- 
ing  the  Contr:;cts  they  fhall  enqer  into  for  the  Buildings  in  this  Act  directed. 

IV.  AND  whereas  by  an  Act  of  Aflembly  pafled  at  Ncwlern,  intituled,  An  Surplus  of  tha 
Act  to  lay  a  tax  on  the  Inhabitants  of  the  feveral  Counties  of  the  Jjiftri£f  of  Halifax  Su-    ?^'f,.  '^''^  „/°'[ 

7       r>    7  !■      ri    • '•  I  r  i  liuuJing   a    Wall 

perior  Court,  to  repair  the  tubUc  Frijon  thereof,  and  other  Purpofes,  a  Poll- Tax  was  r.mnd  Haiif..x 
laid  on  the  feveral  Counties  of //,3///"«.Y,  Northampton,  Edgcomb,  Granville,  and  John-  l^^'pur^ofef  o"} 
Jlon,  for  the  building  a  Wall  round  the  Prifon  of  the  faid  Diftrict,  and  for  other  th:s  Aa. 
Purpofes  in  that  Act  mentioned ;  which  Act  has  not  been  fully  carried  into  Execu- 
tion :  Be  it  therefore  Enacted,  by  the  Authority  aforefaid.  That  the  Truftees  in  that 
Act  named  fliall  account  for,  and  pay  unto  the  aforefaid  Peter  Copeland,  James 
Toung,  and  Nicholas  Loyig,  or  the  Survivors  of  them,  the  Surplus  which  now  is,  or 
fliall  be  in  their  Hands,  of  the  faid  Tax,  unapplied  to  the  Purpofes  in  that  Act 
mentioned,  to  be  applied  towards  the  Buildings  in  this  Act  directed ;  and  the  Lot 
or  Lots  of  Ground,  together  with  the  Court-Houfe  and  Prifon  at  Enfield,  where 
the  County  Court  ufed  formerly  to  be  held,  belonging  to  the  County  oi  Halifax^ 
are  hereby  vefted  in  the  aforefaid  Peter  Copeland,  James  Young,  and  Nicholas  Long, 
and  the  Survivors  of  them,  to  be  by  them  fold  at  Public  Vendue,  and  the  Monies 
arifing  therefrom  to  be  by  them  alio  applied  to  the  Purpofes  in  this  Act  mentioned  : 
And  if  the  Taxes  arifing  in  Virtue  of  this  and  the  before  mentioned  Act  fliall  be 
more  than  fufficient  to  complete  the  Buildings  herein  directed,  the  Surplus  thereof 
fliall,  by  the  Truftees  herein  named,  be  paid  to  the  Court  of  each  County  firft  above 
mentioned,  in  Proportion  to  the  Number  of  Taxables  collected  from  each  of  the 
faid  Counties,  and  paid  by  the  Sheriffs  to  the  faid  Truftees. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Sheriff  '^1^%'' .  '^''"'* 
who  fhall  be  chargeable  with  any  of  the  Taxes  by  this  Act  affefled,  fliall  neglect  or  F'.,ymcr.t°of  the 
refufe  to  account  for,,  and  pay  unto  the  Truftees  in  this  Act  named,  the  whole  Sums  "^J^'^  fay  this  Aft 
he  fliall  be  chargeable  with  in  Virtue  of  this  Act,  after  deducting  the  ufual  Com- 

milfions  for  collecting,  and  fuch  Infolvents  as  fliall  be  allowed  by  the  Court  of  his 
County,  the  faid  Peter  Copeland,  James  Young,  and  Nicholas  Long,  or  the  Survivors 
of  them,  fliall  have  the  fame  Method  of  proceeding  againft  fuch  Sheriff  by  Motion, 
as  is  by  Law  given  againft  Sheriffs  for  not  accounting  for  other  Public  Monies  by 
them  received  ;  and  fuch  Proceedings  fliall  be  good  and  valid  in  Law,  in  any 
Court  of  Record  within  this  Province,  Reipcct  being  had  to  the  Jurifdiction  of 
fuch  Court. 

VI.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid,  That  the  Truftees  Truftees  to finift 
in  this  Act  named  fliall  immediately  proceed  to  the  Difcharge  of  the  Truft  by  this  Ty^Jr^'^Ztu 
Act  repufcd  in  them,   and  ihall  caufe  the  faid  Buildings  to  be  finiflied  within  Two  ^n  Account    of 
Years  from  the  paffing  of  this  Act  at  fartheft  i  and  on  the  Expiration  of  that  Term  before?hTcol"t! 

they 


3iB 


LAWS    of    North-Carolina. 


A.  D.    1764. 


they  fhall  lay  an  Account,  upon  Oath,  of  their  Proceedings  herein,  with  an  Account 
of  all  Monies  they  Ihall  receive  by  Virtue  hereof,  and  the  Sums  paid  by  them  on 
Account  of  the  faid  Buildings,  before  the  Court  of  each  of  the  Counties  herein  nam- 
ed, for  their  Approbation. 


See    Aa,    1768, 
Chap,  21. 


Preamble. 


Tax  laid  for  re- 
pairing the  Oiol 
in  Scilifb'jry,  &c. 


Applied  to  build- 
ing  a    npw  Gi"!, 

bv    Aa  1768, 

Ch.ip    21, 


ProceeJings  a- 
giinft  Shciifr? 
ne^lefling  to  pay 
the  Did  Xj)f. 


Criminals  to  h-. 
committed  to  thi 
laid  Gaol. 


CHAP.     XII. 

An  A£l  for  laying  a  fax  on  the  Inhabitants  of  the  feveral  Counties  of  the  Biflrict  of 
Salifbury  Superior  Court,  to  repair  the  Public  Gaol  thereof. 

1    TT7HEREAS  the  Public  Gaol  oi  Salt Jh  .try  Diftrict  has,    by  Experience, 
Vv     been  found  infufficient  for  the  fafe- keeping  of  Felons  and  others  com- 
mitted to  the  fame  :  For  Remedy  thereof. 

It.  B  E  it  Enacted,  by  the  Governor,  Council,  and  /Iffemhh,  (ind  by  the  Authority 
of  the  fame.  That  a  Poll-Tax  of  One  Shilling,  Proclamation  Money,  be,  and  is 
hereby  laid'  on  each  taxable  Perfon  within  the  County  of  Rowan,  and  a  Poll-Tax 
of  Ei'Tht  Pence,  Proclamation  Money,  on  each  taxable  Perfon  within  the  Counties 
of  /mfon  and  Mecklenburg,  for  the  enfuing  Year  -,  which  faid  Tax  Ihall  be  paid, 
coUefted,  and  diftrained  for,  by  the  Sheriffs  of  each  County  refpeftively,  in  the 
fame  Manner,  and  under  the  like  Rules,  Fines,  Forfeitures  and  Penalties^  as  other 
Taxes  are  by'Law  to  be  coUefted  and  diftrained  for ;  and  fuch  Tax,  fo  coUefted  by 
the  faid  Sheriffs,  fhall  be  paid  into  the  Hands  of  Mr.  John  Frohock,  Mr.  William 
Giles  and  Mr.  John  Mitchell,  or  the  Majority  of  them,  on  or  before  the  Tenth  Day 
of  January,  which  will  be  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 
and  Sixty  Five;  who  are  hereby  impov/ered  and  direfted,  or  a  Majority  of  them, 
to  ac^ree  with  Workmen  for  repairing  the  faid  Gaol  in  the  Town  of  Salijhury,  ereft- 
\v\<y  a  Wall  round  tlie  fame,  and  building  a  Gaoler's  Houfe  thereto,  in  iuch  Manner 
as°the  faid  Commiffioners,  or  a  Majority  of  them,  fliall  think  moft  proper ;  and 
the  Monies  fo  to  be  collefted  and  paid  Ihall,  by  the  faid  Commiffioners,  or  a  Ma- 
iority  of  them,  be  applied  towards  paying  fuch  Workmen  as  aforeJaid,  and  the 
Overplus  thereof,  if  any,  fhall  by  them  be  returned  to  the  Juftices  of  each  of  the 
faid  Counties  refpeclively,  in  Proportion  to  the  Sums  received  from  them  ;  and  to 
be  by  them  applied  towards  defraying  the  Contingencies  of  each  of  the  faid  refpec- 
tive  Counties^ 

III.  ANT)  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  or 
either' oi  the  faid  Sheriffs  afore-mentioned  fhall  fail  or  negleft  to  pay  the  Money  to 
be  colle6led  by  Virtue  of  this  Ad,  into  the  Hands  of  the  faid  ConimiHioners,  or 
the  Majority  of  them,  on  or  before  the  faid  Tenth  Day  of  January,  it  fhall  and  may 
be  lawful,  and  the  aforefaid  Commiffioners,  or  the  Majority  of  them,  are  hereby 
required  to  proceed  againft  fuch  Sheriff  fo  neglefting,  in  the  Superior  Court  of 
Salijhury  Diftrift,  or  either  of  the  Superior  Courts  within  this  Province,  in  the  like 
Manner  as  Sheriffs  are  to  be  proceeded  againft  in  other  Cafes  for  Non-payment  of 
Public  Monies  which  they  have  received. 

IV  A  NT)  be  it  further  EnaHed,  hy_  the  Authority  aforefaid.  That  after  fuch 
Buildincrs  and  Repairs  Ihall  be  made  as  aforefaid,  when  any  Peribn  or  Perfons  within 
the  Dil&ia  of  Salipury  Superior  Court,  fhall  be  apprehended  for  any  criminal  Of- 
fence that  on  Convidlion  thereof  would  incur  the  Lofs  of  Life  or  Member,  it  fhall 
and  may  be  lawful  for  the  Inferior  Court,  or  Juftice  of  the  Peace,  as  the  Cafe  may 
he  before  whom  an  Examination  of  fuch  Criminal  lliall  be  had,  if  fuch  Court  or 
Tu'ftice  fhall  think  it  neceffary,  to  commit  Iuch  Criminal  to  the  aforefaid  Gaol ;  and 
the  Sheriff  of  the  County  wherein  fuch  Criminal  fhall  be,  is  hereby  dircded  and 
ordered  to  convey  fuch  Criminal  to  the  faid  Gaol,  and  deliver  him  or  them  to  the 
Sheriff  or  Keeper  thereof,  and  take  a  Receipt  for  fuch  Prifoner  or  Prifoners  from 
the  laid  Sheriff  or  Keeper,  which  fliall  be  his  Difcharge  for  fuch  Criminal  or  Cn- 

"^'"'^''  y.  AND 


L  A  JV  S    of    Nortk-Carolina. 


'9 


V.     AND  be  it  further  EnaHed^    by  the  Authority  aforefaid.    That  after  fuch  A.  D.   1764. 

Buildins;s  and  Repairs  fliall  be  made  as  aforefaid,    the  Sheriff  of  the  County  of  ' — ""^^ — ' 

Ro'-joan  for  the  Time  being,  is  hereby  required  and  directed,  when  any  Criminal  iTiall  g.oI  'to  be  ap- 

be  committed  to  the  fiid  Gaol,  to  employ  fome  Perfon  of  Integrity  to  be  Keeper  ^wmA. 
thereof,  who  Ihall  conftantly  relide  in  the  laid  Gaoler's  Houfe  during  the  Time  fuch 
Criminal  fhall  be  in  Gao!,  and  Ihall  alfo  take  all  lawful  Means  for  preventing  fuch 
Criminal  from  efcaping. 

CHAP.     XIII. 

An  A'l  to  continue  an  .4El^  intituled.  An  Aft  to  amend  and  further  continue  an  Adj 
intituled.  An  Aft  for  I'acilirating  the  Navigation  of  Port  Bath,  Port  Roanoke^ 
and  Pore  Beaufort ;  pafiTed  the  Thirty  Firll  Day  of  May,  One  Thoufand  Seven 
Hundred  and  Fifty  Two,  for  Five  Years.     EXP, 


CHAP.     XIV. 

An  Al  for  ere'^ing  Tart  of  St.  Philip'j  ParifJj,  in  New  Hanover  County,  and  the 
lower  Part  of  Bladen  County,  into  a  feparate  County,  by  the  Name  of  Brunfwick: 
County ;  and  for  dividing  the  County  of  Granville,  and  erecting  that  Part  thereof 
ca'led  Sc.  jjha'j  Parijh^  into  a  feparate  and  diflinct  County,  by  the  Name  of  Bute 
County. 

I.  T  "¥  7  H  E  R  E  A  S  the  great  Extent  of  the  refpeftive  Counties  of  Ne-w  Hanover  Private; 

y  y  and  Bladen  render  the  Attendance  of  the  Inhabitants  of  St.  Philip's  Parifh, 
in  Ne^v  Hanover  County,  and  the  Inhabitants  of  the  lower  Part  of  Bladen  County, 
to  do  Public  Duties  in  their  refpeftive  Counties,  excremcly  difficult  and  expenfive: 

II.  B  E  it  Enacted  by  the  Governor,  Council,    and  /^ffembly,  and  by  the  Authority   Brunfwick coun-. 
cf  the  fame.  That  that  Part  of  Bladen  County  which  lies  to  the  \Yeilward  of  the    ^  ^•^-^'<'« 
Northwefi  Branch  of  Cape  Bear  River,    be  divided  from  the  upper  Part  of  Bladen 

County,  by  a  Line  beginning  at  the  upper  Corner  of  a  Tra6t  of  Land  on  which  the 
Plantation  of  fohn  Grange  is  fituate,  above  the  Mouth  of  Beaver-dam  Creek,  which 
Plantation  lately  belonged  to  Mr.  Robert  Hozve.,  running  from  thence  a  direct  Courfe 
to  the  Eaft  Side  of  the  Lake  on  Wagga/.naiv  River ;  and  from  thence  by  a  Weft 
Line  to  the  Bounds  of  the  Province,  fo  as  to  leave  all  the  Inhabitants  on  the  faid 
Like  in  Bladen  County ;  and  that  the  faid  lower  Part  of  Bladen  County,  together 
with  all  that  Part  of  Ne-'d)  Hanover  County  called  St.  Phijp'i  Parifh,  except  fo  much 
thereof  as  lieth  to  the  Northweftward  of  the  dividing  Line  hereby  diredled  to  be  run 
to  t.he  Lake,  and  from  thence  to  the  Bounds  of  this  Province,  be  erected  into  a 
dillmct  County,  by  the  Name  of  Brunfivick  County. 

III.  AND  be  it  further  Ena"ed,  by  the  Authority  aforefaid.  That  all  that  Part  of  Part  of  s-.Phi- 
St.  Phi!i/s  Parilh  which  lieth  to  the  Northweftward  V  the  faid  Line,  to  the  Eaft  ^'q^^^;!!^  ^''^ 
End  of  the  Lake,  and  from  thence  to  the  Bounds  of  the  Province,  be  annexed  to, 

and  it  is  hereby  declared  to  be  Part  of  Bladen  County. 

IV.  AN  D  for  the  due  Adminiftration  of  Juftice,  Beit  Enacted,  by  the  Authority   Rnmiwk'cCourta 
aforefaid.  That  from  and  after  the  Firft  Day  oi  March  next,  an  Inferior  Court  of  '^'''" ^'''"'• 
Pleas  and  Quarter  Scffions  for  the  faid  County  oi  Brunfwick  fhall  be  held  quarterly, 

on  the  Third  Tuefdays  in  March,  June,  September,  and  December,  at  the  Town  of 
Brunfvoick,  byCommiiTion  to  the  Juftices,  in  the  fame  Manner  as  other  Inferior 
Courts  of  Pleas  and  Quarter  Seffions  are  held  within  this  Province :  And  the  faid 
Inferior  Court  fhall  take  Cognizance  of  all  Matters,  Suits,  and  Things,  and  is 
hereby  veftcd  with  the  fame  Powers,  Jurifdictions,  and  Authorities,  that  any  other 
Inferior  Court  is,  hath,  or  can  have  by  Virtue  of  an  Act,  intituled.  An  Act  to  efla- 
blifb  Inferior  Courts  of  PUas  and  ^.artsr  Sejfions  in  the  fever al  Counties  in  this  Province. 

V.  AND 


320 


L  A  IV  S    of    Nokth-Carolina. 


A.  D.    1764. 


0«(tts, 


to   hold 


Tax  laid  f'^f 
tuildiiig  aCourt- 
Huufe, 


SherflTto  diftrain 
for  Taxes  as  i>e- 
fureih;  Divifijn, 


V.  AND  be  it  further  EnaSied^  by  the  Authority  aforefaid.  That  the  laid  Juftices 
to  be  appointed  for  the  County  of  Brunfwick,  are  hereby  directed  to  meet  on  the 
Third  "luefday  in  March  next,  at  fome  convenient  Place  in  the  Town  of  Brunjwick, 
and  take  the  Oaths  by  Law  appointed  ior  their  QuaHfication  •,  and  the  Juinces  of 
the  faid  County  oi'  Bnmju,'ick,  or  any  Three  of  them,  after  being  i'o  quaUfied,  fliall 
hold  an  Inferior  Court  of  Pleas  and  Quarter  SeHions,  at  the  Place  and  Times  here- 
in before  appointed  :  And  the  faid  Juitices  of  the  Peace,  and  every  of  them,  at  all 
Times  durintr  their  Continuance  in  Office,  as  well  within  their  interior  Courts  of 
Fleas  and  Quarter  Seffions  as  without,  fhall  have  and  excrcilc  the  fame  Powers  and 
Authorities,  and  be  lubjett  to  the  fame  Forfeitures  and  Penalties,  as  other  jullices 
of  the  feveral  Counties  within  this  Province  are  liable  to, 

VI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  Ihall  and 
may  be  lawful  for  the  Jullices  of  the  laid  County  to  lay  a  Poll-Tax  on  the  Inhabi- 
tants thereof,  not  exceeding  One  Shilling,  Proclamation  Money,  per  Annum,  for  the 
Term  of  Two  Years,  for  building  a  Court-Houfe,  Prifon,  and  Stock.'-,  in  the  faid 
County,  at  the  Town  of  Brunjwick  j  which  laid  Tax  fhall  be  collected  by  the  She- 
riff of  the  faid  County,  at  fuch  Times,  and  in  the  fame  Manner,  as  other  Taxes 
are  collected,  and  lliall  be  paid  to  the  Perfon  or  Perfons  who  lliall  be  impowercd  to 
receive  the  fame. 

VII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  nothing  here- 
in contained  fhall  be  conftrued  to  debar  the  Sheriff  of  the  laid  County  of  New- Hen- 
over  or  the  Sheriff  of  the  faid  County  of  hladcn,  as  the  fame  Counties  refpectivtly 
ftand  undivided,  to  make  Diftrcls  for  any  Taxcs,  Levies,  Fees,  or  other  Dues,  that 
fliall  be  due  from  the  Inhabitants  of  the  faid  Counties  on  the  10th  Day  ot  March, 
in  the  fame  Manner  as  by  the  laid  Sheriifs  refpcctively  could  or  might  have  been 
done  if  the  f;iid  Counties  had  remained  und.vided  ;  and  the  laid  Taxes,  Levies, 
Fees  and  other  Dues,  fhall  be  collected  and  accounted  for  ifi  the  fame  Manner  as 
if  this  Act  had  never  been  made ;  any  Thing  herein  contained  to  the  contrary  not- 
withftanding. 


Aftii-ns  commen- 
ced before  ths 
D  vifinn  not  to 
ise  defeated. 


Brunfwkit  I'art 
of  the  Southern 
Biftna. 


Wumber  of  Jurors 

f-T  Erunrwick 
altereii  by  the 
Jury  Aa, 


VIII.  AND  to  the  End  that  no  Action  commenced  in  New-Hanover  County 
or  Bladen  County,  be  defeated  by  the  Divifion  aforelaid;  Be  it  Enac.ed,  by  the  Au- 
rity  aforefaid.  That  where  any  Action  is  already  commenced  in  the  County  of  New- 
Hanover,  or  in  the  County  of  Bladen,  and  the  Parties  or  Evidences  fiiall  be  Inhabi- 
tants of  5/7.'«/xi(;i  County,  all  fubfcquent  Prccefs  againft  fuch  Parties  or  Evidences 
lliall  be  directed  to  be  executed  by  the  S\\<:x\?i  oi  New-Hanoi  erQownty,  if  iuch  Ac- 
tion was  commenced  in  New-Hanover  County,  or  to  the  SherifI"of  Bladen,  ir  Iuch 
Action  was  commenced  in  Bladen  County,  to  the  End  and  final  Decerminaticn  of 
the  faid  Caufes ;  any  Law,  Ufage,  or  Cuftom  to  the  contrary  notwithftanding. 

IX.  AND  be  it  further  EnaElcd,  by  the  Authority  aforefaid.  That  from  and  after 
the  pairing  of  this  Act,  the  faid  County  of  Brunjwick  fhall  be,  continue,  and  remain 
Part  of  the  Diflrict  of  the  Superior  Court  of  Juftice  to  be  held  at  V/ilnnngton,  for 
the  Counties  of  New-Hanover,  Bladen,  Onflow,  Duplin,  and  Cumberland;  and  the 
Juftices  of  the  Court  of  the  faid  County  of  Brunfwick,  fliall,  and  they  are  hereby 
directed,  at  the  Court  to  be  held  for  the  faid  County  next  preceding  every  Superior 
Court,  to  nominate  Eight  Freeholders,  to  ferve  as  Grand  and  Petit  Jurors  at  fuch 
Superior  Court ;  a  Lift  of  which  j  urors  fo  nominated  fhall  be  delivered  by  the  Clerk 
of  fuch  Court  to  the  Sheriff,  who  fhall,  and  is  hereby  required  to  fummon  the 
Perfons  fo  nominated  to  ferve  as  Jurymen  at  the  Superior  Court  of  Juftice  held  for 
the  Diftrict  of  Wilmington ;  which  Jurymen  fo  nominated,  fliall  have  and  receive 
the  fame  Allowances,  and  fhall  be  under  the  fame  Rules,  Fines,  and  Reftrictions, 
as  other  Jurymen  are  in  the  refpective  Counties  of  this  Province ;  and  the  Sheriff 
of  the  faid  County  oi  Brunfwick  fliall,  from  Time  to  Time,  account  for  and  pay  to 
the  Public  Treafurer  for  the  Southern  Diftrict  of  this  Province  for  the  Time  being, 
all  Public  Levies  by  him  collected,  or  wherewith  he  fhall  ftand  chargeable,  in^  the 

fame 


L  A  tV  S     o/North-Carolina.  321 


fame  Manner,  and  under  the  fame  Pains  and  Penalties, 

faid  Diftna:. 


as  other  Sheriffs  of  the   ^-  D.   176+. 


X.  AND  whereas  the  Jurors  appointed  by  the  Jury  Aifl  to  ferve  at  the  Supe- 
rior Court  for  the  Diftri6t  of  Wilmington,  were  limited  to  Sixteen  for  the  CoUnty  of 
New-Hanovsr ;  Beit  therefore  Enauied,  by  the  Authority  aforcfaid.  That  the  Jufors 
attendincr  the  faid  Superior  Court,  after  the  pafTing  of  this  Ad,  fhall  be  only  Eight 
for  the  laid  County  oi New-Hanover ;  any  lliing  in  the  aforelaid  A6t  for  appoint- 
incr  Jurors  to  the  contrary  notwithftanding. 

XI.  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  feveral  and 
refpedive  Sheriffs  to  be  commiffioned  for  the  laid  County  of  Brunfivick,  Ihall  be  in 
the  fame  Manner  as  is  direfted  for  appointing  and  CommifTioning  the  Sheriffs  in  the 
Other  Counties  in  this  Province-,  and  the  laid  Sheriffs  lb  commiffioned  for  the  faid 
County  of  Brtmfivick,  fliall  account  with  an.l  pay  to  the  Treafurer  of  the  Southern 
Diftritl  all  Monies  which  he  fhall  or  ought  to  receive,  in  the  fame  Manner  as  other 
Sheriffs  -,  and  fhall  have  and  exercife  the  fame  Powers  and  Authorities,  and  be  lia- 
ble to  the  Fines,  Forfeitures,  and  Penalties,  as  are  direded  and  inflicted  by  the 
feveral  Ads  of  Affembly  of  this  Province  in  fuch  Cafes  made  and  provided. 

■XII.  ANT)  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juflices 
of  the  County  of  Brunfwick  are  hereby  impowered  and  directed  to  employ,  or  caufe 
to  be  employed.  Workmen  for  building  a  Court-Houfe,  Stocks,  Prilon,  and  Pillo- 
ry, in  the  faid  Town  of  i^n/w/u^/V/^,  for  the  Ufe  of  the  faid  County  of  Brunfivick; 
and  the  faid  Court,  and  all  Caufes,  Matters,  and  Things  in  the  fame  depending, 
after  fuch  Court-Houfe  fhall  be  fo  built,  fliall  ftand  adjourned  from  the  Place  where 
the  Court  fliall  before  have  been  held,  to  the  Court-Houfe. 


Jurors  for  New- 
Hancver  altered 
by  the  Jury  Ait, 


sheriffs  howfom- 
niillionedj  and  to 
account  with  the 
Southern  Ttca-. 
furer. 


C  urt-H.iufe    to 
be   built,     and 
Caufes  adj'juined 
to  it. 


XIII.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  iVilliam 
Dry,  Robert  Hozve,  William  Bartram,  Hugh  Waddle,  and  Robert  Johnjton,  Efqrs. 
be  appointed  Commiffioners,  and  they,  or  any  Three  of  them,  are  hereby  impow- 
ered and  directed,  to  run  a  dividing  Line  between  the  County  oi  Bladen  and  Brunf- 
wick County,  agreeable  to  the  Directions  in  this  Act  before- mentioned  •,  which  faid 
Commiffioners  fhall  be  paid  their  neceffary  Expences  for  running  the  faid  Lines,  by 
the  Court  of  their  feveral  Counties,  out  of  the  County  Tax. 

'•  XIV.  P RO V ID E D  always.  That  nothing  herein  contained  fhall  be  conftru- 
ed,  deemed,  or  taken,  to  derogate  from  the  Right  and  Royal  Prerogative  of  his 
Majefl:y,  his  Heirs  and  Succeffors,  of  granting  Letters  of  Incorporation  to  the  faid 
County  of  Brunfwick,  and  direding  the  Eledion  of  a  Member  or  Members  to  re- 
prelent  the  faid  County  in  General  Affembly,  of  granting  Markets  and  Fairs  to  be 
kept  and  held  therein  ;  but  that  the  faid  Right  and  Prerog:irive  fhall  and  may,  at 
all  Times  hereafter,  be  exercifed  therein  by  his  faid  Majcfly,  his  Heirs  and  Suc- 
ceffors, in  as  full  and  ample  Manner,  to  all  Intents  and  Purpofes  whatfoever,  as  if 
this  Ad  had  never  been  made. 


Commifiinners 
appointed      fur 
runn'ng    the    di- 
viding Line. 


Royal     Prerngl- 

tiv!  oflnc^'rpori- 
tion  fdvcd. 


XV.  AND  whereas  by  Reafon  of  the  large  Extent  of  the  County  of  Granville, 
it  is  greatly  inconvenient  for  the  Inhabitants  to  attend  the  Courts  of  the  faid  Coun- 
ty, General  Muft:ers,  and  other  Public  Duties  by  Law  required  :  Be  it  Enabled,  by 
the  /Authority  aforefaid.  That  from  and  after  the  Tenth  Day  of  "June  next,  the  faid 
County  of  Granville  fhall  be  divided  into  two  diitind  Counties ;  and  that  all  tliaC 
Part  of  the  faid  County  which  is  now  called  or  known  by  the  Name  of  the  Parifh 
Q^  Granville,  from  and  after  the  faid  Tenth  Day  o{  June,  fliall  be  a  diilind  County, 
and  remain  to  be  called  Granville  County  -,  and  that  all  that  Part  of  the  faid  Coun- 
ty called  and  known  by  the  Name  of  St.  John's  Parifh,  fliall,  after  the  faid  Tenth 
Day  oijum^  be  another  diflind  County,  called  by  the  Name  of  ^w/i?  County. 


XVI.     AND 


S  f 


T!.,te 
erected. 


County 


322 


Bute  Coart  D?y? 
akertd,  by  Aft 
1768,  Chap.  2. 


Proccfs  conti- 
nued. 


LAWS    of    North -Carolina. 

XVI.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  after  the 
faid  Tenth  Day  of  June,  a  Court  for  the  faid  County  oi  Granville  lliali  bt  Qiiarterly 
held  by  the  Jultioe.  thereof,  at  the  Place  in  the  faid  County  known  by  the  Name  of 
Oxford,  upon  the  Days,  and  on  the  Times  by  Law  appointed  for  that  Furpofe-, 
and  alfo,  that  a  Court  for  the  faid  County  of  Bute  fhail  be  Qiiarterly  held  by  the 
J  uftices  thereof,  on  the  Land  of  Jethro  Sumner,  at  a  Place  known  by  the  Name  of 
the  Bufelo  Race-Paths,  upon  the  Third  Tuefdays  in  February,  May,  Augufi,  and 
November,  in  every  Year,  as  by  the  Laws  of  this  Province  is  or  fhall  be  provided, 
and  as  by  Commiffion,  fhall  be  direfted  to  the  Juftices  of  the  faid  Counties 
refpeftively. 

XVII;  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  and 
after  the  fliid  Tenth  JJ)ay  of  June  next,  all  Caufes,  Pleas,  Writs,  Adions,  Suits, 
Plaints,  Proceis,  Precepts,  Recognizances,  and  other  Matters  and  Things  in  the  faid 
County  of  Granville  depending,  fhall  fland  adjourned  and  continue  from  the  pre- 
fi^nt  Court-Houle  to  Oxford-,  and  all  Appearances  and  Returns  of  Proceis  fhall  be 
made  on  the  Days  by  Law  appointed  for  holding  the  laid  Court  at  Oxford;  and  all 
Suitors  and  Witnelfes  bound  to  appear  thereat,  in  the  fame  Manner  as  if  the  faid 
Court  had  not  been  removed  from  the  prelent  Court-Houfe  ;  and  all  fubfequent 
Procefs  which  fhall  or  may  ilTue  on  any  A6tion  which  fhall  be  commenced  before 
the  faid  Tenth  Day  of  June  next,  and  not  determined'in  the  faid  Court  of  Granville, 
fhall  be  dire6ted  to,  and  executed  by  the  Sheriff  of  the  County  ot  Granville,  to  the 
final  Determination  of  fuch  Caufes ;  any  Law,  Uiage,  or  Cuftom  to  the  contrary 
notwithftanding. 

XVIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  after  the 
faid  Tenth  Day  of  June,  the  faid  County  of  Bute  fhall  be,  continue,  and  remain 
Part  of  the  Diftrid  of  the  Superior  Court  of  Jufllce  to  be  held  at  Halifax,  for  the 
Counties  of  Northampton,  Halifax,  Edgcomb,  Granville,  Johnfton,  znd  Orange;  and 
the  laid  Juftices  of  the  Court  of  the  faid  County  oi  Bute  fhall  and  they  are  hereby 
direded,  at  the  Inferior  Court  next  before  every  Superior  Court  of  the  faid  Dillrid, 
to  nominate  Four  Freeholders  to  ferve  as  Grand  and  Petit- Jurors  at  fuch  Superior 
Court. 

XIX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  nothing 
herein  contained  fhall  be  conftrued  to  debar  the  Sheriii"  of  the  faid  County  of  Gran- 
ville, as  it  now  ftands,  to  make  Diftrefs  for  any  Levies,  Fees,  or  other  Duties,  thit 
fhall  be  due  from  the  Inhabitants  of  the  faid  County  on  the  faid  Tenth  Day  of  June^ 
in  the  fame  Manner  as  he  might  or  could  by  Law  have  done  if  the  faid  County 
had  ftill  remained  undivided ;  and  the  faid  Levies,  Fees,  and  other  Duties,  fliail  be 
accounted  for  in  the  fame  Manner  as  if  this  Ad  had  never  been  made ;  any  Thing 
herein  contained  to  the  contrary  notwithftanding. 

XX.  AND  whereas  tJie  Jurors  appointed  by  the  Jury  Ad  to  ferve  at  the  Su- 
8!re',f'o"'by   perior  Courts  for  the  Diftrid  of  Halifax,  were  limited  to  Eight  for  the  County  of 

the  j>.ry  Aft.  QranvHk  ;  Be  it  therefore  Enabled,  by  the  Authority  aforefaid.  That  the  Jurors  attend- 
incr  the  faid  Superior  Court  after  the  pafTing  this  Ad,  fhall  be  only  Four  for  the 
faid  County  of  Granville  ;  any  Thing  in  the  aforefaid  Ad  for  appointing  Jurors  to 
the  contrary  notwithftanding. 


Bute  Part  (if  the 
NonhtfliD.ftria. 


Number  (if  Ju- 
ri-rs  altered  by 
the  Jury  Aft. 


Sher'ffto  diflrain 
for  T-ixcs  as  be- 
fore the  Divifion. 


Jurors  for  Gran- 


Sheriff  of  Bute  to 
account  with  the 
Northern  Trea  • 
furer. 


XXI.  AND  belt  further  Enacied,  by  the  Authority  aforefaid.  That  the  Sheriff' 
of  the  faid  County  of  Bute  for  the  Time  being,  ai"ter  the  faid  Tenth  Day  of  June, 
fhall  account  with  and  pay  to  the  Public  Treafurer  of  the  Northern  Diftrid  of  this 
Province,  all  Public  Monies  by  him  to  be  coUeded,  under  the  fame  Rules  and  Re- 
ftridions.  Fines,  Penalties,  Procefs,  and  Remedies,  as  other  Sheriffs  are  by  Lav/ 
fubjed  to. 

Royal Preroguwe       XXII.     P ROV IDED  akvays.  That  nothing  herein  contained  fhall  be  con- 
Lvh"'"'^'"''''"  fti'wed,  deemed,  or  taken,  to  alter  or  derogate  from  the  Right  and  Royal  Preroga- 
tive 


L  A  Jy  S    of    North-Carolina.  323 

tive  of  his  Majefty,  his  Heirs  or  Succefibrs,  of  granting  Letters  of  Incorporation  to    ^.  D.   17C4. 

the;  faid  County  of  Bute^  and  of  ordering,  appointing,  and  direding  the  Eleftion  of     <— -v~-— » 

a  Member  or  Members  to  reprefent  the  fame  in  General  Allembly,  and  of  granting 

Markets  and  Fairs  to  be  kept  and  held  in  the  faid  Counties  refpedtively  ;  but  that 

the  faid  Right  and  Prerogative  Ihall  be  at  all  Times  hereafter  exerciled  by  his  iaid 

MajcfVy,  his  Heirs  and  Succefibrs,  in  as  full  and  ample  Manner  to  all  Intents  and 

Purpolcs  whatfoever,  as  if  this  Aft  had  never  been  madeb 

XXIII.  AND  be  it  further  Ena5Ied,  by  the  Authority  aforefaid.  That  Mr.  5^7-  Cnnim',(r,ontri 
niuei  Beilon,  Mr.  Robert  Harris^  and  Mr.  Philip  Taylor,  or  a  Majority  of  them,  be,  nluf",'' &7. '^'^' 
and  are  hereby  appointed  Commiflioners,  and  are  impov/ered  and  direfted  to  agree 

and  contract  with  Workmen  for  erecting  and  building  a  Court-Houfe,  Prifon,  Pil- 
lory, and  Stocks,  for  the  Ufe  of  the  laid  County  of  Granzil'e ;  and  that  Pvlr.  Solo- 
vjon  .Jjhn^  Mr.  IFiliiam  Johnjlon,  and  Mr.  Julius  Nichols,  or  a  Majority  of  them, 
be,  and  are  hereby  appointed  CommiiBoners,  and  are  impovvered  and  directed  to 
agree  and  contract  wuh  Workmen  for  erecting  and  building  a  Court- Houie,  Prifon, 
Pillory,  and  Stocks,  for  the  Ufe  of  the  faid  County  ot  Bute. 

XXIV.  AND  for  rcimburfing  the  faid  CommilTioners  the  Money  they  fliall    Taxhidi'otiti 
expend  in  erecting  the  f  .id  Buildings,  Be  it  further  EnaiJed,  by  the  Authority  afore- 

faid.  That  a  Poll-Tax  of  Three  Shillings,  Proclamation  Money,  per  Annum,  fliall 
be  levied  on  each  taxable  Perlon  in  the  laid  Counties  rcfpectively,  for  Two  Years, 
next  after  the  Firft  Day  of  November  next ;  and  that  all  Perlbns  in  either  of  the  faid 
Counties  vvho'fliall  neglect  to  pay  the  faid  Tax  after  the  Firft  Day  of  March  in  each 
Year,  fliall  thereafter  be  liable  to  the  fame  Diftrefs  as  for  Non-payment  of  Public 
Taxes  ;  and  the  Sheriff  of  each  of  the  faid  Counties  are  hereby  required  and  direct- 
ed, on  or  before  the  Tenth  Day  oi  June  in  the  faid  Years  relpectively,  to  account 
for  and  pay  the  faid  Monies  by  them  to  be  collected,  to  the 'Commiffioners  aforefaid, 
after  deducting  Six  per  Cent,  for  his  Trouble  in  collecting  the  fame,  that  is  to  fay  j 
as  much  thereof  as  fhall  be  levied  on  the  taxable  Perfons  of  the  faid  County  of 
Granville,  to  the  aforelaid  Samuel  Benton,  Robert  Harris,  and  Philip  Taylor,  the  Sur- 
vivors or  Survivor  of  them ;  and  fuch  Part  of  the  fame  as  fhall  be  levied  on  the 
taxable  Perfons  of  the  County  of  Bute,  to  the  aforefaid  Solomon  Alficn,  William 
Johnjlon,  and  Julius  Nichcls,  the  Survivors  or  Survivor  of  them ;  and  in  Cafe  of 
Failure  or  Negicct  therein  by  the  Sheriff,  he  fliall  be  liable  to  the  fame  Penalties, 
Reltrictions,  and  Remedy,  tor  perlorniing  the  Payment  thereof,  as  by  Law  may  be 
had  againfl:  Sheriffs  vv'ho  neglect  or  reiule  to  account  for  and  pay  Public  Taxes. 

XXV.  PROF  ID  ED  neverthelefs.  That  if  the  Money  {o  to  be  collected  fliall    Surplus  appropti-: 
be  more  than  fufficient  to  aniwer  the  Purpofes  aforefaiJ,  the  faid  Commiffioners    * '  * 
refpectively  fhall  account  for,  and  pay  the  Overplus  thereof,  to  the  Juftices  of  the 

Court  of  the  County  for  which  they  are  hereby  appointed  Commiffioners  j    to  be 
applied  tov.ards  defraying  the  contingent  Charges  ol  fuch  County. 

CHAP.     XV. 

An  AB  to  impcwer  the  Sheriff  of  the  County  of  Grange  for  the  Time  being,  to  collet    E!y>!af"  '"''"* 
and  apply  the  Arrears  of  the  Taxes  due  in  the  faid  County  for  the  fever al  2'ears  therein 
mentioned. 


CHAP.     XVI. 

An  A5f  far  afcertaining  a  proper  Place  for  building  thereat  a  Court-Uoufe,  Clerk's  Office^ 
Prifon,  and  Stocks,  for  the  County  of  Edgcomb. 

I.  TTTHEREAS  Redmaifs  OV.^dd,  on  Tyoncoca,  the  Place  heretofore  ap-   Private^ 

V y     p 'inted  for  building  thereat  a  Court-lloule,  Prifon,  and  Ofikes,  and 
for  holding  thereat  the  Court  for  the  laid  County,  is  found  to  be  inconvenient  and 

S  f  2  very 


Tax  laid  for  it. 


324  LAWS    of    North-Carolina. 

A.  D.   1764.    very  improper  for  that  Purpofe;  and  the  Juftices  of  their  Sefiions  for  that  County 
^-""y"— ^     having  certified  the  lame  to  this  AiTembly,  and  recommended  the  Town  of  Tarbo- 
rough  as  the  moft  proper  Place  for  that  Purpofe,  and  the  Inhabitants  of  the  faid 
County  having  petitioned  for  the  fame  : 

carr.minioners  11.  B  E  it  Ena5fed^  by  the  Governor,  Council,  and  Affembly,  o.nd  by  the  Authority  of 
for  bu,id,r,g  a  fjyg  j-^jj^g^  Xliat  Mr.  Afiuila  Sn^g,  Mr.  IFiiliam  Haywood,  Mr.  Jofepb  Hoivell,  Mr. 
^T'  '" ''  Sherwood  Haywood,  and  Mr.  James  Hall,  or  a  Majority  of  them,  fliall  and  may, 
and  they  are  hereby  required  and  direfted,  to  agree  and  "contraa:  with  Workmen 
ior  the  building  and  ereding  a  fuitable  and  fufficient  Court-Houfe,  Clerk's  Ofiice, 
Frifon,  and  Stocks,  for  the  Ufe  of  the  faid  County,  in  the  Town  of  Tarhcrough, 
on  fuch  Parts  of  the  Lots  fet  apart  by  the  Commiffioners  or  Truftces  for  the  faid 
Town,  as  to  them  fhall  feem  moft  proper. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  a  Poll-Tax 
of  Two  Shillings,  Proclamation  Money,  be  levied  on  each  taxable  Perfon  within 
the  faid  County  of  Edgcomb,  annually,  for  Two  Years  next  after  the  pafTing  of  this 
Ad,  which  Tax  fhall  be  coUefted  by  the  Sherift'  of  the  laid  Coumy  of  Edgcomby 
in  the  fame  Manner,  and  under  the  fame  Rules,  and  the  fame  PenaltieSj  as  other 
Taxes  are  by  Law  to  be  coUeded ;  and  the  Money  arifing  from  the  Tax  aforefaid, 
as  the  fame  is  colle6led  by  the  Sheriff  of  the  faid  County,  fliall  be  accounted  for 
and  paid  to  the  aforefaid  Aquila  Sugg,  IVilliam  Haywood,  Jofeph  Hcwell,  Sherwood 
Haywood,  and  James  Hall,  to  be  applied  by  them  in  Difcharge  of  their  Contracts 
for  the  Buildings  in  this  Aft  mentioned;  and  the  Overplus  thereof  (if  any)  fhall 
by  the  faid  Truftees  be  accounted  for  and  paid  to  the  Juftices  of  the  laid  County  of 
Edgcomb,  to  be  by  them  applied  towards  the  contingent  Charges  of  the  County,  in 
Aid  of  the  County  Tax, 

Sheriff  to  coiieft        IV.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.    That  if  the  She- 
'''Meft  ^''"' '''    riff  of  the  faid  County,  who  fhall  receive  the  Tax  by  this  Acl  afifefTed,  fhall  negle.6t 
^°^  '  or  refufe  to  account  for  and  pay  the  fame  to  the  Truftees  in  this  Aft  named,  after 

dedufting  the  ufual  CommifTions  for  collefting,  and  fuch  Infblvents  as  fhall  be  al- 
lowed him  by  the  Court  of  the  faid  County,  it  fliall  and  may  be  lawful  for  the  Su- 
perior Court  for  the  Diftrift  of  Halifax,  either  before,  or  at  any  Time  after  the  Ex- 
piration of  the  OfHce  of  fuch  Sheriff,  on  Motion  of  the  Truftees  in  this  Aft  named, 
or  the  Survivors  of  them,  to  enter  up  Judgment  againft  fuch  Sheriff' for  all  the  Mo- 
nies wherewith  he  fhall  be  chargeable  by  Virtue  of  this  Act,  with  Cofts :  and  there- 
upon award  Execution  againft  the  Goods  and  Chattels,  Lands  and  Tenements,  of 
fuch  Sheriff..  Provided  always.  The  faid  Sheriff  ftiall  have  Ten  Days  previous  No- 
tice of  fuch  Motion. 

crurt   held    in       V.     A  N  D  be  it  further  EuaSfed,  by  the  AuthoHty  aforcfaid.  That  fvom  znd  zftcT 

T.r.or"ueh.        ji^g  paffing  of  this  Aft,    the  Inferior  Court  of  Pleas  and  Qiiarter  SelTions  for  the 

County  of  Edgcomb,  ftiall  be  conftantly  held  by  the  Juftices  of  the  faid  County  at 

Court  Dni:a!Kr.   ^^^^  convcnicnt  Houfe  in  the  Town  of  Tarborough,    to  be  appointed  by  the  faid 

chX  z!^  '^^^'   Juftices,  on  the  Fourth  ^uefdays  in  /ifril,  July,  O£!ober,  and  January,  yearly,  until 

the  Court-Houfe  for  the  faid  County  be  built :  And  all  Caufes,  Pleas,  Writs,  Ac- 

procefs continued.   ^^^^^^  SxxMs,  Plaints,  Ptocefs,  Prcccpts,  Recognizances,  Indictments,  Prefentments, 

and  other  Matters  and  Things  in  the  faid  Court  of  Edgcomb  depending,  immediately 

-after  palling  of  this  Act,  fhall  ftand  adjourned  and  continue,    and  are  hereby  ad- 

'      journed  and  continued,  from  the  Court-Houfe  at  Redman's  Oldfield,  on  Tyoncoca 

aforefaid,  to  the  Court  to  be  held  for  the  faid  County  in  the  Town  of  Tarborough, 

as  in  this  Act  is  above  directed ;  and  all  Appearances  and  Returns  of  Proccfs  fliall 

be  made  to  the  Inferior  Court  of  Pleas  to  be  held  for  the  faid  County  at  the  Town 

aforefaid ;  and  all  Suitors  and  Witneffes  fliall  be  bound  to  appear  thereat,  in  the 

fame  Manner,  and  under  the  fame  Penalties,  as  if  the  faid  Court  had  been  continued 

at  the  faid  Redman^  Oldfield. 

VI.  AND 


L  A  V/  S    of    North-Carolina. 


VI.  AND  be  it  further  Ena-'^ed^  by  the  Authority  af or efc.id.  That  fo  much  of 
one  Act  of  Affembly  pafTed  at  Edcnton,  intituled,  An  Ail  for  dividing  Edp-comb 
County^  as  conies  within  the  Purview  of  this  Act,  Ihall  be  henceforth  re-oealed. 


325 


A.  D.    1/6^ 

Repealing  Cljufe. 


CHAP.     XVII. 

An  Act  directing  the  boundary  Line  between  the  Counties  of  Dobbs  and  Pitt,  and  ap- 
pointing Commiffioners  to  fee  the  fame  run. 

I.  TTTTHEREAS  the  Act  of  Aflembly,  intituled,  An  Act  for  erecting  the  upper 
VY  Part  of  Beaufort  County  into  a  County  and  Parifh^  by  the  Name  of  Pitt 
County,  and  St.  MichaelV  PariJJj  ;  and  for  adjourning  the  Court  from  the  Court-Hoife 
on  the  Land  of  Thomas  Bonner,  to  the  Court-Houfe  in  Bath  Tozvn,  and  other  Purpofes 
therein  mentioned;  no  Commiffioners  were  appointed  by  the  faid  Act  for  runnino-  the 
Boundary  Line  between  the  Counties  oi  Dobbs  and  Pitt;  by  Reafon  whereof  the 
Line  has  never  been  run,  and  the  Inhabitants  within  the  diiputed  Bounds  refufe 
to  give  in  a  Lift  of  their  Taxabks,  or  pay  their  Taxes  in  either  of  the  faid  Coun- 
ties :  For  Remedy  whereof, 

11.  B  E  it  Enacted  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
of  the  fame.  That  Mr.  Richard  Cafwell,  Mr.  John  Simpfon,  and  Mr.  IVilliam  Wilfon^ 
be  appointed  Commiffioners,  and  they  are  hereby  impowered  and  required  to  run 
the  faid  dividing  Line  between  the  Counties  of  Dobbs  and  Pitt ;  from  Bloiint\  Ford 
on  Little  Cotentney  Creek,  to  Luke  PFhite's,  then  up  the  Middle  S'-ji-amp  to  Wi'liani 
Wilfon'%,  and  from  thence  to  the  neareft  Part  of  Ed^comb  County  ;  which  faid  Lines, 
when  run  by  the  Commiffioners  aforefaid,  or  any  Two  of  them,  fhall  be  by  them 
entered  on  Record  in  the  Court  of  each  of  the  faid  Counties  of  Dobbs  and  Pitt,  and 
fhall  thereafter  be  deemed  and  taken  to  be  the  dividing  Lines  between  the  faid 
Counties. 


Private* 


Corrrr.'ITioners 
for  running  the 
dividing  Line. 


III.  AND  for  defraying  the  Charge  of  running  the  faid  Line,  Be  it  further  T.ix  kid  for  it. 
Enacted,  by  the  Authority  aforefaid.  That  the  Inferior  Courts  of  each  of  the  fud 
Counties  of  Dobbs  and  Pitt  fliall  lay  a  fufficient  Poil-Tax  on  the  Inhabitants  of  their 
refpeitive  Counties  (which  fhall  be  levied  in  the  fame  Manner  as  other  Public 
Taxes)  as  Ihall  be  fufficient  to  pay  and  fatisfy  their  refpedive  Commiffioners  for  the 
Charge  and  Trouble  in  running  the  aforefaid  Line. 


CHAP.     XVIII. 

An  AlI  for  altering  the  dividing  Line  between  the  Counties  of  Bladen  and  Cumberland. 


w 


H  E  R  E  A  S  the  dividing  Line  betv;reen  the  Counties  of  Bladen  and  Cum- 
berland, running  North  Eaft  and  South  Weft,  is  found  to  be  inconvenient 
to  tiic  Inhabitants  of  both  the  faid  Counties : 


Private. 


II.  BE  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  Dividing  Line. 
of  the  fame.  That  from  and  after  the  paffing  of  this  Aft,  the  dividing  Line  between 
the  faid  Counties  of  Bladen  and  Cumberland,  ftiall  begin  at  the  Mouth  of  Rcchfifo, 
and  ffiall  run  a  due  Eaft  Courfe  to  Black  River,  and  from  the  Mouth  of  Reckfip 
Creek,  up  the  A;id  Creek  to  Gravely  Hill,  and  from  thence  a  due  Weft  Courfe  to 
Drowning  Creek  ;  and  all  the  Lands  to  the  Northward  of  the  faid  Line  fhall  from 
henceforth  be  deemed  and  held  to  be  a  Part  of  Cumberland  County,  and  all  the  Lands 
to  the  Southward  of  the  faid  Line  fhall  be  deemed  and  held  to  be  a  Part  of  Bladen 
County  •,  any  Law  to  the  contrary  notwithftanding. 


III.     AND  be  it  further  Ena'5!ed,  by  the  Authority  aforefaid.  That  Mr.  Ifaac  Jones, 
.Mr.  Far^uhard  Campbell,  and  Mr.  Walter  Gibfon,  be,  and  are  hereby  appointed  and 

authorized 


ConnmifTioncrj 
j'cj  runn.ng  it. 


for  Taxes  as   be, 
fore  the  U.vilion, 


326  LAWS    of    North-Carolina. 

A.  D.   1764.    authorized  CommiiTioners,  and  are  hereby  impowered  and  dire6lcd  to  run  the  Taid 
i«.»-v---j'     Line  between  the  faid  Counties  of  Bladen  and  Cumberland. 

Expcnce  defiay.        IV.     AND  hc  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Jufticcs 
^^'  of  the  Peace  of  the  faid  County  of  Cumberland  are  hereby  impov/ered  and  direAed  to 

defray  the  Expences  of  running  the  faid  dividing  Line  out  of  the  County  Tax. 

Sheriff  to  diftrain  V.  A N  D  hc  it  further  EnuSled,  by  the  Authority  aforefaid.  That  nothing  herein 
contained  fhall  be  conftrued  to  debar  the  Sheriffs  of  the  aforefaid  Counties,  as  the 
fame  now  iland,  to  make  Diftrefs  for  any  Levies,  Fees,  or  other  Dues,  that  are 
now  due,  or  that  fliall  be  due  the  Tenth  Day  of  March  next,  from  the  Inhabitants 
of  the  faid  Counties ;  but  that  they  may  make  Diftrefs  in  the  lame  Manner  as  by 
the  Law  the  faid  Sheriffs  could  or  might  have  done  if  the  faid  dividing  Line  had 
remained  without  Alteration ;  and  the  faid  Levies,  Fees,  and  other  Dues,  fhall  be 
collefted  and  accounted  for  in  the  fame  Manner  as  if  this  Ad  had  never  been  made  j 
any  Thing  herein  contained,  to  the  contrary,  notwithftanding. 

CHAP.     XIX. 

An  Atl  for  annexing  Part  of  Craven  County  to  Dobbs  County. 

Private.  I.  TTTTHEREAS  the  Inhabitants  refiding  in  that  Part  of  Craven  County, 

W  lying  on  the  Southermoft  Side  of  the  Southwejl  Creek,  and  the  upper 
Branches  of  Trent  River,  labour  under  great  Hardfliips,  Fatigue,  and  Inconveni- 
ences, in  attending  the  Inferior  Courts,  and  other  fublic  Meetmgs  in  the  faid 
County,  at  Newbern,  where  the  fame  are  generally  held  and  called  •,  and  as  the  faid 
Inhabitants  are  more  contiguous  to  Dobbs  County,  where  they  can  with  greater  Eafe 
and  Convenience  attend,  are  defirous  of  being  annexed  thereto : 

Commifli:n?r?  II.  BE  it  Enacted,  by  the  Governor,  Council,  and  /Iffembly,  and  by  the  Authority 
f.,r^  running  the  ^jT  ^j^^  y"^^^^,^^  -pf^at  Mt.  Jojeph  Leech,  Mr.  Richard  Cafji-ell,  and  Mr.  Francis  Machl- 
wean,  be,  and  they  are  hereby  appointed  Commiffioners  j  and  they,  or  a  Majority 
of  them,  are  required  and  direfted,  within  Three  Months  after  the  paffing  of  this 
Aft,  to  run  and  mark,  or  caufe  to  be  run  and  m.arked,  a  Line  from  the  Soutbwejt 
Bridge  near  James  CaddeU's,  to  Carnegfs  Oldfield  and  Rattle-Snake  Branch ;  then  a 
direcSt  Line  to  William  Randal's  Mill,  on  Trent  River-,  then  to  a  Place  where  Abra- 
ham Bailey  lately  lived;  and  from  thence  South  to  the  Bounds  of  Onfwiv  County; 
and  that  all  that  Part  of  Craven  County  lying  to  the  Weilward  of  thofe  Lines  be 
annexed  to  Dobbs  County ;  and  the  Inhabitants  thereof  fliall  be  liable  and  fubjcd  to 
the  fame  Duties,  Taxes,  and  Impofitions,  and  intitled  to  the  fame  Privileges,  Be- 
nefits, and  Advantages,  as  the  other  Inhabitants  of  the  faid  County  of  Dobbs. 

Sheriff  t.^  liftriin  III.  PRO  FID  E  D  al'joays.,  That  nothing  herein  contained  fliall  be  conftrued 
f.rT.ixe^  as  be.  ^  jgi^^r  the  Sheriff  of  Cm w;^  County  from  making  Diftrefs  for  any  Levies,  Fees, 
or  other  Dues,  which  are  or  fliall  be  due  on  the  Tenth  Day  of  March  next,  from 
the  Inhabitants  of  that  Part  of  Craven  County  by  this  Aft  annexed  to  Dobbs  County, 
in  the  fame  Manner  as  by  Law  the  faid  Sheriff  might  or  could  have  done  if  this  Aft 
had  never  been  made  5  any  Thing  herein  contained,  to  the  contrary,  notwithftand- 
ing. 

R-peaiing ciaufe,  IV.  A N D  ie  it  fuvthcr  Enabled,  by  the  Authority  aforefaid.  That  all  and  every 
Aft  and  Afts  of  Affembiy  of  this  Province,  and  each  and  every  Claule  and  Article 
thereof,  fo  far  as  relates  to  any  Matter  or  Thing  within  the  Purview  of  this  Aft,  is 
and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame 
had  never  been  made. 

C  II  A  P.     XX. 

Jn  Act  for  the  building  a  Houfe  for  a  School,  and  the  Refidence  cf  a  School-Majler,  in 
(heToivnofl>lQY/bern.     REf-^. 

ANNO 


LAWS    of    North-Carolina. 


327 


ji.  D.    176^, 


^J    %^)r-i^%#    %#   %#   %#   %#   \i 

f  #%  f%^-^#%  #%  #f  #%  #^^  rf 


ANNO       REGNI 


G   E  O  R  G  I  I    III. 

REGIS, 

MAGN^E    BRITANNIA,     FRANCItE,    &    HIBERNIiE, 

Q^    U     I     N     T     O. 


At  an  ASSEMBLY,    begun  and  held  at  Wilmingtofjy  the  Thirtieth  ARTHUR 

DOBBS,E% 

Day  of  January^  in  the  Fifth  Year  of  the  Reign  of  our  Sovereign  Gcveriwr. 
Lord  GEORGEi\\Q  Third,  by  the  Grace  of  God,  oi Great-Britain^ 
France,  and  Ireland,  King,  Defender  of  the  Faith,  &c.  and  from 
thence  continued,  by  Prorogation,  to  the  Twenty  Fifth  Day  of  Q^oher^ 
in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty 
Four :  Being  the  Second  Seffion  of  this  prefent  Affcmbly. 

C  H  A  P.     L 

An  Act  to  amtfid  end  continue  an  Act,  intituled.  An  Ail  for  dividing  this  Province  Provided  h  \.j 
into  Five  feveral  Diflrifts,  and  for  eftablifhing  a  Superior  Court  of  Juftict;  in  ^^f '''""^'  ^"• 
each  of  the  faid  Diftri6ls,  and  regulating  the  Proceedings  therein. 


CHAP.     IL 

An  Act  to  amend  and  continue  an  Act,  intituled.  An  A<ft:  to  eftablifli  Inferior  Courts  of 
Pleas  and  Quarter  Sellions  in  the  feveral  Counties  in  this  Province,  (a) 


"B 


E  it  Enacted,  by  the  Governor,  Council,   and  AJfemhly,  and  by  the  Authority  Time  of  ho'ding 
of  the  fame.  That  from  and  after  the  Firfl  Day  oi  December  next,  the  Infe- 


rior Courts  of  Pleas  and  Qtiarter  Seffions  for  the  aforefaid  feveral  Counties,  Hiall  be 
held  on  the  Days  following,  inftead  of  the  Days  heretofore  appointed  for  holding 
fuch  Courts  •,  to  wit,  Bertie,  on  the  Fourth  Tuefday  in  March,  June,  September,  and 
Bccember.  Carteret,  on  the  Third  Tnefday  in  March,  June,  September,  and  December, 
in  every  Year,  III.  AND 

(a)  The  ifl.  Part  of  the  2d,  and  tnc  whole  4th  Claufe  of  this  A^  ciltercd,  and  provided  for,  by 
Acts  1768,  Chap  2,  and  Dec.  1770,  Chap.  li. 


Icveral      Inferior 
Courts. 


328 


LAWS     of    North-Carolina. 


4.  D.  1764.  III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  in  all  Cafes, 
wherein  by  any  Act  of  Aflembly,  Action  is  given,  or  Recovery  directed  to  be  had, 
in  any  County  Court,  or  in  any  of  the  late  Inferior  Courts  of  Pleas  and  Qiiarter 
Seflions,  or  where  any  Power  or  Authority  is  given  to  either  of  the  faid  Courts, 
fuch  Action  fhall  and  may  be  tried,  and  Rich  Power  and  Authority  is  hereby  de- 
clared to  be  veiled  in  the  Juftices  of  the  refpective  Inferior  Courts  by  the  faid  Act 
eftablifhed.  Provided,  Nothing  herein  expreffed,  fhall  be  conftrued  to  impower  the 
faid  Inferior  Courts  to  take  Cognizance  of  any  Matter  or  Thing  by  civil  Action 
where  the  Plaintiff's  Demand  fliall  exceeed  Twenty  Pounds,  Proclamation  Money. 


Power  of  the  late 
Inferior  Courts 
given  to  the 
Courts  h  'rcby  ef- 
tabl.flnd. 


To  take  Cogniz- 
ance of  20 1. 


Aftion'!, 
the    late 
c:intinueH 
Diys    ^iid 
aopuinted 

Art. 


&c    in        V.     AND  he  it  further  EnaHed,  by  the  Authority  aforefaid.  That  all  Actions, 
*^to"'the   Suits,  Writs,  Procefs,  Petitions,  Indictments,  Informations  or  Prefentments  what- 
Times   foever,  heretofore  commenced  in,  ifTued  from,  or  returnable  to,  the  refpective  Courts, 
''^  '*"''   the  Time  for  holding  of  which  is  altered  by  this  Aft,  fliall  be,  and  are  hereby  con- 
tinued to  the  particular  Days  and  Times  hereby  appointed  •,  and  all  Subpoenas  for 
Witnefles  and  Recognizances  for  the  Appearance  of  Perfons  at  the  faid  Courts,  as 
effeftual  as  if  the  particular  Day  for  holding  any  of  the  faid  Courts  had  been  men- 
tioned therein  i    and  the  Perfons  fummoned  as  Witnefles,  and  entering  into  fuch 
Recognizances,  bound  to  appear  accordingly. 


Inferior  Court 
Aft  continued  in 
F'rce  for  Two 
Years. 


Farthrr  continued 
by  Aai76S,  Ch. 


Repealed  by  Pro- 
clamation. 


VI.  AND  whereas  the  aforefaid  Aft  of  AfTembly  will  expire  on  the  Firft  Day 
of  January  next,  and  the  fame  by  Experience  has  been  found  to  be  of  general  Uti- 
lity to  this  Province  :  Therefore,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  the 
aforefaid  Aft  fhall  continue  and  be  in  Force,  from,  and  after  the  Firft  Day  of  Janu- 
ary next,  for  and  during  the  Term  of  Two  Years,  and  from  thence  to  the  End  of 
the  next  Seflion  of  Aflembly,  and  no  longer  i  any  Law  to  the  contrary  notwith- 
ftanding. 


CHAP.     III. 

An  A^  for  continuing  and  amending  an  A£f,  intituled.  An  Act  _  directing  the  Method 
of  appointing  Jurymen  in  all  Caufes,  Criminal  and  Civil.     EXP. 

C  H  A  P.     4.     An  Act  for  rendering  more  effectual  the  Laws  making  Lands  and 

other  Real  Eftates  liable  to  the  Payment  of  Debts. 

<     5.     An  A5i  to  prevent  the  Exportation  of  unm£r  chant  able  Commodities. 

EXP. 


Preamble, 


CommiflTioners  of 
Pilotage  appoint- 
ed, who  are  to 
examine  I'ilots, 


CHAP.    VL 

An  Act  for  regulating  the  Pilotage  of  Cape-Fear  River,  and  other  Purpofes.     (a) 

I.  -¥  TT  7  H  E  R  E  A  S  the  great  Increafe  of  the  Trade  of  Cape  Fear  River,  renders 
W    the  Attendance  of  the  Pilots  at  the  Bar  indlfpenflbly  neceifary,  for  the 
Safety  of  Veflels  coming  in  and  going  out  of  the  faid  River  : 

II.  BE  it  Enacted  by  the  Governor,  Council,  and  /.£embly,  and  it  is  hereby  Enacted, 
by  the  Authority  of  the  fame.  That  the  Honourable  Lewis  De  Roffet,  WiUiam  Dry, 
Benjamin  Heron,  and  Jacob  Lobb,  John  Du  Bois,  Caleb  Grainger,  Robert  Ellis,  and 
John  Wilkinfon,  Efquires,  be,  and  are  hereby  appointed  CommiflTioners  of  the  Pilot- 
age of  Cape-fear  River ;  and  they,  or  the  Majority  of  them,  are  hereby  authonfed 
and  impowered,  from  Time  to  Time,  to  examine  fuch  and  fo  many  Perfons  who 
fliall  offer  themfelves  to  be  Pilots  for  Cape-Fear  aforefaid,  not  exceeding  Twelve  in 

Number.  / 

III.  AND 


(a)  See  Ads  Nov.  1766,  Chap.  23,  Nov.  1771,  Chap.  11,  for  amending  this  Aft. 


LAWS    of    North-Carolina. 


S29 


III.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  the  laid  Com- 
mifrioiiers,  or  the  Majority  of  them,  on  their  approving  any  Ptrfjn  to  be  Pilot, 
fhall  give  to  fuch  Perfon  a  Certificate,  under  their  Hands,  to  the  Governor  or 
Commander  in  Chief  for  the  Time  being,  in  order  for  his  Approbation,  and  to 
obtain  a  Branch  to  act  as  Pilot  for  the  faid  River. 


A.  D.   1764. 

And  on  approving 
tljerii,     to    pjwe 
Crtificate  tluj;- 
of  to  the  Covex- 
nor. 


IV.  AND  be  it  further  Enalfed,  by  the  Authority  afore  faid.  That  every  fnch  ^ 
Perfon  fhall,  before  he  obtains  a  Branch  to  be  Pilot,  give  Bond,  with  Two  fuffici- 
ent  Securities,  to  the  Governor  or  Commander  in  Chief  for  the  Time  beinp-,  and 
his  SuccelTors,  in  the  Sum  of  *Fi\'e  Hundred  Pounds,  Proclamation  Monty  ;  with 
Condition  for  the  due  and  faithlul  Dilcharge  of  his  OlRce  ;  to  be  recovered  and 
lodged  in  the  Secretary's  Office ;  which  Bond  Hiall  be  in  Truft  for  fuch  Perfon  or 
Perfons  as  fhall  appear  to  be  injured  by  iuch  Pilot's  Negligence  or  Non-Performance 
of  the  Condition  of  his  faid  Bond;  and  fliall  be  alTigned  to  any  Perfon  or  Perfons 
fo  injured,  petitioning  for  the  fame  j  who  fliall  and  may  maintain  an  Action  thereon: 
And  fuch  Bond  fhall  not  be  void  upon  the  firft  Recovery,  or  if  Judgment  fhall 
pafs  for  the  Defendant,  but  may  be  put  in  Suit  from  Time  to  Time,  by  any  Per- 
fon who  fhall  be  injured  by  a  Breach  of  the  Condition  thereof,  until  the  whole 
Penalty  of  the  Bond  be  recovered. 


V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  upon  tlie 
Mifbehaviour  of  any  Pilot  in  his  OfHce,  the  CommifTioners  aforefaid,  or  the  Majori- 
ty of  them,  fhall,  and  they  are  hereby  authorized  and  impowered,  to  remove  fuch 
Pilot  from  his  Office,  by  a  Note  in  Writing,  fubfcribed  by  them,  or  the  Majority 
of  them,  directed  to  fjch  Pilot,  fignifying  that  he  ffiall  no  longer  act  as  Pilot;  and 
to  appoint  another  in  his  Stead,  by  Warrant  under  their,  or  the  Majority  of  their 
refpective  Hands  and  Seals,  until  the  Pleafure  of  the  Governor  or  Commander  in 
Chief  Ihall  be  known  thereon. 


h   Pitot5  to 
g  VI-    Bjnd,     I",  r 

thciiDut)  ;  which 
may  be  lued  by 
Pcrfuns  iijuicc), 
till  the  whole 
Pen,     Rccuvercd 


Comm'fli  iner«  ta 
reirmve  I'llots,  cm 
Milb.haviour. 


VI.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  any  Number 
of  Pilots,  not  exceeding  Eight,  may  be  appointed  as  aforefaid,  to  attend  the  Bar 
of  the  faid  River,  and  to  pilot  Veffcls  coming  up  or  going  Down  from  Brunfwicky 
and  no  higher  ;  who  may  take  and  receive,  in  Proclamation  Money,  the  followino- 
Rates  for  fuch  Service,  for  each  VelTel  they  fhall  pilot  over  the  Bar  to  Brunf^jiick^ 
and  out  again  to  Sea ;  to  icvV,     (h) 


Number  (tfPiliti 
toattenJtiiCrf. 


Vn.  AN D  be  it  further  EnaEfed,  by  the  Authority  aforefaid.  That  any  Num- 
ber of  Pilots,  not  exceeding  Four,  may  be  appointed  as  aforefaid,  to  pilot  VefTels 
fro  11  Brunfwickx.0  Wilmington;  who  ffiall  and  may  receive,  in  Proclamation  Money, 
the  following  Rates  :  If  from  Brunfwick  to  Wilmington,  and  back  again  to  Briinf- 
wick,  one  Half  of  the  aforefaid  Rates  ;  if  to  the  Flats,  and  back  again  to  Brunfwick, 
one  Fourth  oi  the  aforefaid  Rates,  according  to  the  Draught  of  Water  fuch  Veffel 
ffiall  draw. 


Fees  from  T!njof. 


VIII.  AND  be  it  further  Exacted,  by  the  Authority  aforefaid.  That  no  Pilot 
ffiall  prefume  to  take  any  greater  Fees  than  aforefaid,  under  the  Penalty  of  Ten 
Pounds,  Proclamation  Money;  to  be  recovered  by  Action  of  Debt,  by  any  Perfon 
fuing  for  the  fame,  in  any  Inferior  Court  in  New-Hanover,  or  Brunfwick  County  ; 
one  Half  to  the  Informer,  the  other  Half  to  the  Governor  or  Commander  in  Chief 
for  the  Time  being ;  to  be  applied  towards  erecting  Beacons  and  Buoys,  and  keep- 
ing them  in  R.eDair. 


Pfn.  on  them  for 
taking  grealer 
Feeb, 


IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  VefTel 
ffiill  come  over  the  Bar  before  a  Pilot  gets  on  board  the  fame,  the  Mailer  of  fuch 
Veffel  ffiall  not  be  liable  to  pay  more  than  one  Half  of  the  faid  Pilotage  allowed  by 
tliis  A6t,  for  bringing  VefTels  from  the  Bar  to  Brunfwick,    unlefs  fuch  Pilot  ffiall 

P  t  make 

•  This  Sum  altered  to  Two  Hundred  Pounds,   by  J^Et  Nov.  1766,   Clmp.   23. 
(bj  The  Rates  of  Pilotage  altered,  by  Adl  Nov.   1765,  Chap.  23. 


Vf.fr<:lsc^>V7lng;  n. 
vcr  the  Bar  A-- 
f i  re  a  f.lot  gfr« 
on  loird,  fol>j  €t 
Lut  to  UiJ  Feet/ 


33° 


LAWS     of    North-Carolina. 


Ji.  D.    1764. 


MjftersofVe(Iel3 
detaining  t'ilots, 
to  piy  them  8s, 
per  Day. 


CnmmifTioners  ti> 
affix  a  Tible  .if 
F.lots  Fi:'-s  in  the 
Collt-a.ir's  and 
NJval  Offio'-,  anil 
Fort  J'.hnll'-n. 


Feftilential  D!f- 
tempers  by  Sh'p- 
pinf^  pri-vented, 
by  the  Conim.in- 
dcr  of  Fut  John- 
ft<;n'. bringing  to 
all  V, m-U  ;  Md 
obliging  fL-.ch"s 
have  any  D.ftem- 
per,  to  perform 
Qi^ircnt'.ne. 


Commander  of 
the  Fort  to  (;ive 
a  Bill  of  Hejlth 
to  VefTels  hav  1  g 
no  Diftcmper  en 
Bojrd. 


Pen.  on  Mafiers 
of  VelTels  break- 
jng  Quarentine. 


Pen.    on  Collec 
tors,    «rc    enter- 
ingVeflels,  with- 
out   a    Bill   of 
Health. 


make  Oath,  that  he  did  his  utmoft  Endeavours  to  get  to  fuch  Veflel  before  fhe  came 
over  the  Bar  j  any  Thing  herein  before  contained  to  the  contrary  notwithltanding.  (c) 

XL  AND  be  it  further  Ena5fed^  by  the  Authority  afore/aid.  That  the  Mafter  or 
Commander  of  any  Veflel,  who  fhall  lend  for,  or  take  on  Board  a  Pilot  to  conduft 
fuch  Veflel  from  one  Place  to  another  in  the  laid  River,  and  fliall  afterwards  delay 
tranfporting  the  faid  Vefiel,  Wind  and  Weather  permitting,  the  Mafter  or  Com- 
mander thereof,  fhall  pay  unto  the  Pilot  attending,  Eight  Shillings,  Proclamation, 
per  Diem,  for  each  and  every  Day  he  fhall  be  fo  detained. 

XII.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  Commif- 
fioners  aforefaid,  fhall  afBx  a  true  Copy  or  Table  of  the  feveral  Rates  of  Fees  afore- 
faid,  to  be  taken  by  the  Pilots,  at  the  CoUeftor's  Office,  Naval  Office,  and  Fort 
Johnfton-,  that  the  Mafters  of  Vefllls  and  others  concerned,  may  have  Recourfe 
thereto. 

XIII.  AND  whereas  it  is  highly  expedient  to  prevent  any  contagious,  pefti- 
lential,  or  malignant  Diftemper,  from  being  brought  into  the  faid  River  ;  Beit  En- 
acted, by  the  Authority  aforefaid.  That  the  Commander  of  Fort  Johnjlon  for  the  Time 
beinp-,  ffiall  be,  and  is  hereby  authorifed  and  impowered,  to  bring  to  all  VefTels 
bound  inwards  -,  and  to  oblige  the  Mafter  of  fuch  Veffel  to  come  on  Shore  into  the 
faid  Fort,  and  take  an  Oath  concerning  the  Health  of  all  fuch  Perfons  as  fliall  be 
on  Board  his  faid  Veflrl,  and  whether  there  was  any  contagious  or  infeftious  Dif- 
tei?*per  at  the  Place  from  whence  he  laft  came;  which  faid  Oath  the  Commander 
of  the  faid  Fort  is  hereby  impowered  to  adminifter :  And  if  it  fliall  appear  in  fuch 
Oath  that  any  Perfon  on  Board  the  fame  is  diftempcred,  or  that  there  is  Reafon  to 
fufped  that  any  Perfon  on  Board  is  infefted  with  the  Small-Pox,  or  other  contagi- 
ous Diforder,  the  Commander  of  fuch  Fort  is  hereby  impowered  and  directed  to 
oblio-e  the  Mafter  of  fuch  Veird  to  moor  his  faid  Velfcl  as  near  Battery-TJland,  op- 
pofite  the  faid  Fort,  as  the  Safety  of  the  faid  Vclle!  will  permit ;  and  to  prevent  any 
Perfon  o-oing  to,  or  coming  from  fuch  Veffel  (Perfons  carrying  Provifions  to  fuch 
VelTel  only  excepted)  until  he  hath  lain  and  performed  Forty  Days  Quarentine,  or 
be  permitted  thereto  by  Order  from  the  Governor  or  Commander  in  Chief,  or  Three 
Tuftices  of  the  Peace  for  the  Counties  of  Neiv- Hanover  or  Brunfwick. 

XIV.  AND  be  it  further  Enacted;  by  the  Authority  aforefaid.  That  in  Cafe  no 
Perfon  fliall  be  diftempered  on  Board,  or  that  the  Commander  of  the  Fort  for  the 
Time  being,  hath  nojuft  Reafon  to  fuiped:  any  Perfon  in  the  faid  Veffel  to  be  infed- 
ed  with  the  Small-Pox,  or  other  contagious  Diforders,  then  the  Commander  of  the 
faid  Fort  fhall  give  a  Bill  of  Health,  and  Permiffion  to  pafs  by  the  faid  P'orr,  di- 
refled  to  the  Colietlor  or  other  Chief  Officer  of  the  Cuftoms  -,  and  the  Commander 
of  the  fakl  Fort  for  the  Time  being,  fliall  and  may  have  and  receive  from  the  Mafter 
of  fuch  Veffel,  the  Sum  of  Five  Shillings,  Proclamation  Money,  for  adminiftering 
the  faid  Oath,  and  figning  a  Bill  of  Health. 

XV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Mafter 
of  any  Veffel  ordered  to  be  moored  as  aforefaid,  or  being  moored  by  Order  of  the 
faid  Commander  of  the  faid  Fort,  fliall  prefume  to  come  on  Shore,  or  fuffer  any 
Perfon  to  come  on  Shore  from  on  Board  fuch  Veffel,  except  on  Battery -IJland,  fuch 
Mafter  fhall  forfeit  and  pay  the  Sum  of  Five  Hundred  Pounds,  Proclamation  Mo- 
ney ;  to  be  recovered  by  Aftion  of  Debt,  in  any  Superior  Court  of  Juftice  vv'ithin 
this  Province,  by  the  Commiflioners  of  the  faid  Fort  for  the  Time  being  ;  one 
Fourth  of  which  to  the  Ufeof  the  Informer,  the  other  Three  Fourths  to  the  Com- 
mifTioners  of  the  faid  Fort,  for  maintaining  and  keeping  the  fame  in  Repair. 

XVI.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Colleftor 
and  Naval  Officer,  and  each  of  them,  is,  and  are  hereby  forbid  to  admit  any  VeiTel 
to  an  Entry,  until  fuch  Bill  of  Health  and  Permit,  figned  by  the  Commander  of 
Fort  Jobnf.on  for  the  Time  being  aforefaid,  be  delivered  to  him  or  them  by  the  Maf- 
ter 


(()   The  loth  Seftion,  for  Pilots  Negligence,  .altered  by  Ai:1  Nov.   iy66,  Chap.  23. 


L  A  ^  S     o/'    North-Carolina.  331 


td     with     Brim- 
Itfr    fcr- 
"•13   Q^i^ittn- 
t  n; 
CI  .iff   t-i  li»  ad- 


tcr  of  fuch  Vefiel,  or  fome  Perfon  on  his  Behalf,  under  the  Penalty  of  One  Hun- 
dred Pounds,  Proclamation  Money  ;  to  be  recovered  by  Aftion  of  Debt,  in  any 
Superior  Court  of  Juftice  in  this  Province,  by  the  Commilioners  of  the  faid  Fort  for 
the  Time  beino-,  to  be  applied  towards  keeping  the  faid  l^ort  in  Repair. 

XVII.  AND  he  it  further  Enabled,  by  the  Authority^  aforefaiJ,  That  where  any  ,„ItSith  Vt! 
Veffcls  fliall  have  performed  Quarentine,  the  Mailer  of  fuch  VefTcl  fhalJ,  before  he  "^g'^ 
be  permitted  to  enter  his  faid  Veffel,  wafh  the  Hold  of  the  faid  Veilel  with  Vinegar,  ^  .„e" 
and  fmoke  the  fiime  with  Brimftone.  ^ '"''' 

XVIII.  AND  whereas  feveral  of  the  Inhabitants  of  Cape-Fear,  River,  and  j,'."!,' ManJts  J 
Pilots,  hive  been  ffreatly  injured  by  Mailers  of  VeiTels  carrying  Negroes  and  Ser-  Vcflu^  B>n^.n.c 
vants  out  ot  this  Province,  and  by  departing  themfelves  without  paying  tneir  I  not-  serva,us<rM,ves, 
age :  Be  it  tbi'refore  Enacfcd,  by  the  Authority  afore/aid,  Tliat  all  Bonds  taken  from  '^"^l^l^^^^^y  '^'''' 
Mailers  of  Veffels,  by  Virtue  of  an  A61,  intituled,  yJii  ALt  for  the  Entering  of  Vef- 

fels,  an.l  to  prevent  the  Exportation  of  Debtors^  fhall  have  further  Conditior.s  added 
thereto,  to  the  following  Purpofe ,  that  is  to  lay.  That  the  Mailer  giving  luch  Bond, 
fhall  not  tranfport  or  carry  oil"  any  Negroe  Slave  or  Slaves,  Servant  or  Servants, 
belon^in-a-  to  any  Inhabitant  or  Inhabitants  of  this  Province,  and  fhall  not  depart 
the  P^rt  without  paying  Pilotage,  according  to  Law ;  and  in  Cafe  of  a  Breach  of 
the  Condicion,  or  Part  thereof,  hereby  directed  to  be  inferted  in  the  faid  Bond,  the 
Miftcr  and  his  Securities,  or  either  of  them,  fliall  be  liable  to  the  Penalties  thereof, 
in  the  fame  Manner  as  in  Cafe  of  the  Breach  of  any  other  Part  of  the  Condition  of 
the  laid  Bond. 

XIX.  AND  whereas  the  ereding  Beacons  and  Buoys  at  the  Mouth  o{  Cape-  JS.^''"'''  "* 
Fear  River,   would  greatly  tacilitate  the  Navigation  thereof:  Be  it  further  Enaffedy 

That  a  Duty  of  Six- Pence />«'  Ton  be,  and  is  hereby  laid  on  all  Veiicls  coming  into    Dity  b-dfor  e- 
the  Port  of  Brunfivick  to  unload  Goods,  other  than  iuch  as  belong  to  an  Inhabitant    a'  h-^Mtulh  of 
of  this  Province,  for  and  during  the  Term  of  Three  Years,  next  after  the  palTing   t^c  ;<..««. 
this  A61 ;  which  Duty  John  Paine,  Efq-,  is  hereby  impoweredto  receive,  after  ha v-      p^,,,^„^j. 
ins;  Lnven  Bond,  with  funicient  Securities,  to  the  Governor  or  Commander  in  Chief  pomled? 
for  tTie  Time  being,  in  the  Sum  of  One  Tiiouland  Pounds,  Proclamation  Money, 
conditioned,  that  he  will  well  and  truly  account  with,   and  pay  to  the  laid  Commif- 
fnners,  or  their  Order,  when  thereto  required,    all  fuch  Sums  ot  Money  as  he  ihall 
receive  by  Virtue  of  this  A61,  iiril  deducting  Five/«-  Cent,  for  receiving  the  iame; 
and  in  Cafe  of  a  Breach  of  the  Condition  of  the  faid  Bond,  the  fame  may  be  put  in 
Suit,  and  the  Monies  recovered  thereon  fhall  be  applied  to  the  Purpofes  for  which 
the  above  Duty  is  laid  -,  which  Bond  iliall  be  recorded  and  lodged  in  the  Secretary's 
Ox'iice  ;  and  the  faid  Monies  arlfing  on  the  Duty  aforcfaid,   fnall,  by  the  faid  Com- 
niiiTioners,  be  applied  to  the  creeling  Beacoris  and  Buoys  as  aforeiaid. 

XX.  AND  whereas  it  happens  that  VeiTels  bound  into  the  River  aforefaid,  the  surety  of  Vef. 
often  come  on  the  Coall  in  thick  Weather,  and  frequently  fire  Guns  to  acquaint  the 
Pilots  of  their  being  on  the  Coaft:  Be  it  therefore  EnatJed,  I'hat  the  Coir.mander  Weather. 
of  the  faid  Fort  for  the  Time  being,  fliall,  and  he  is  hereby  required  to  anfv/er  ilich 
VefTels,  by  firing  one  or  more  Guns,  not  exceeding  Three  ;  and  the  Commamler 
of  the  faid  Fort  ihall  forthwith  give  Notice  to  the  Pilot  or  Pilots,  of  fuch  Veifcl 
being  on  the  Coail  -,  and  if  fuch  Pilot  lliall  nut  forthwith  go  out  to  fuch  Veifcl 
(Win. I  and  Weather  permitting)  fuch  Pilot  fnall  forfeit  and  pay  the  Sum  of  Five 
Pounds,  Proclamation  Money,  for  every  Neglect  -,  to  be  recovered  before  any 
Jurifdidlion,  having  Cognizance  thereof,  by  the  Commander  of  the  Fort;  one 
Half  to  the  Informer,  the  other  Half  to  the  Commillioners  of  the  laid  Fort ;  to  be 
applied  to  the  Ufe  of  the  faid  Fort. 

XaI.  and  belt  further  Enabled,  ly  the  Authority  afovefaid.  That  in  Cafe  of 
the  Death,  Refufal  to  Ad,  or  'Removal  out  of  the  County,  or  other  pliability  of 
-any  of  the  faid  Commiirioners,  it  ihall  and  may  be  lawful  for  the  remaining  Com- 
miiTioners,  or  the  Majority  of  them,  and  they  are  hereby  directed  to  elet:;t  another 
in  tjie  Room  of  fuch  Comn^i.Tioner,  having  due  Regard  to  his  Place  of  Rcfidence, 
fo  as  one  Half  of  the  CommiiTioners  be  on  the  Eail  Side  of  the  River,    and  the 

T  t  2  other 


fels  coming  "h  'he 
Ciiaft     'm     thick 


^■lcc 


Con.niiiii.  »•; 


332 


LAWS     of    North-Carolina. 


j1.  D.   1764.    other  Half  on  the  Weft  Side;    which  Commiflioner  fo  elefted  fhall  be,  and  is 
*-'"'*v—*^     hereby  invefted  with  all  the  Power  and  Authority  of  any  Commiffioner  herein  be- 
fore named. 

Repealing ciaufs.  XXII.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  fo  much 
of  an  Aft,  intituled.  An  Atl  for  regulating  the  Pilotage  of  Cape- Fear  River,  and  to 
impower  the  Captain  of  Fort  Johnfton,  at  the  Mouth  of  the  faid  River,  to  examine  all 
Veffels  entering  the  f aid  River  concerning  the  Health  of  their  Cre\sos  on  Board  the  faid  Vef- 
fels,  as  is  within  the  Purview  of  this  A61,  is  hereby  repealed  and  made  void. 

CHAP.     VII. 

An  AEI  for  regulating  Proceedings  in  the  Court  held  for  the  Borough  <?/'Wilmington.  EXP. 


Preamble. 


Seflions      if 
Aft  repealed. 


CHAP.     VIII. 

An  A£i  to  amend  an  AB  therein-menti-ontd,  concerning  Servants  and  Slaves. 

I.  T  T  r  H  E  R  E  A  S  by  the  Fourth,  Fifth,  and  Sixth  Seftions  of  an  Aft  of  Af- 
W  fembly  of  this  Province,  pafTed  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  Fifty  Eight,  intituled.  An  additional  Act  to  an  Act,  intituled. 
An  Aft  concerning  Servants  and  Slaves,  it  is  Enafted,  That  no  male  Slave  fhall, 
for  the  firft  Offence,  be  condemned  to  Death,  unlefs  for  Murder  or  Rape,  but  for 
every  other  capital  Crime  fhall,  for  the  firft  Offence  fuffcr  Caftration,  and  that  the 
Court  trying  fuch  Slave  fhall  value  the  fame : 

II.  B  E  it  Enacted  by  the  Governor,  Council,  and  Affembly,  arid  it  is  hereby  Enacted^ 
by  the  Authority  of  the  fame.  That  the  faid  Fourth,  Fifth,  and  Sixth  Seftions  of  the 
aforefaid  Aft,  be,  and  are  hereby  repealed  and  made  void. 


Allowance  to  the        HI-     A  N D  bc  it  fwthcr  Ena5ied,  by  the  Authority  aforefaid.   That  there  fhall  not 

Owner  of  Slaves    ^g  allowed  by  the  Public  to  the  Owner  of  any  Slave  who  fhall  hereafter  be  executed 

in  Virtue  of  the  Judgment  of  the  Court  who  fhall  try  fuch  Slave,  any  larger  Sum 

than  Eighty  Pounds,  Proclamation  Money ;    any  Law,  Ufage,  or  Cuftom,  to  the 

contrary,  notwithftanding. 


RepealM, and  pro- 
vided fur  by  Aa, 
Dec.  1770,  Chap, 


CHAP.     IX. 

An  Act  to  prevent  hunting  for,  and  killing  Deer,  in  the  Manner  therein-mentioned. 


Private. 


Further  Tinnc  al- 
lowed  for  laving 


CHAP.     X. 

An  Act  for  enlarging  the  Time  for  faving  Lots  in  the  Town  of  Halifax,  and  other  Pur- 

pojes. 

I.  TTTHEREAS  from  many  unavoidable  Hinderances,  it  hath  been  imprac- 
Vy      ticable  for  the  Proprietors  of  Lots  in  the  Town  oi  Halifax  to  complete 
the  Buildings  on  the  faid  Lots  agreeable  to  Law : 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the 
Authority  of  the  fame.  That  every  Lot  in  the  faid  Town  on  which  a  Houfe  fhall  be 
erefted  and  built,  of  the  Dimenfions  mentioned  in  one  Aft  of  Affembly,  intituled. 
An  Act  for  eftablifhing  a  Town  on  the  Land  of  James  Leflie,  on  Roanoke  River ;  or 
one  other  Aft,  intituled.  An  Act  for  enlarging  the  Time  for  faving  Lots  in  the  Town  of 
Halifax,  preventing  the  building  of  wooden  Chimnies  therein,  and  other  Purpojes;  within 
the  Space  of  Three  Years  next  after  the  paffing  of  this  Aft  j    and  alfo  every  Lot 

therein 


L  A  fV  S    of    North-Carolina.  333 


A.  D.    176 


7f4- 


therein  which  fhall  hereafter  be  fold  or  conveyed,  on  which  fuch  Houfe  fhall  be 
ereiiled  within  the  Space  of  Three  Years  after  the  Date  of  the  Conveyance  executed 
for  the  fame,  fhall,  and  is  hereby  declared  to  be  veiled  in  tlie  Grantee  thereof,  and 
his  Heirs  and  AfTigns,  in  Fee-Simple  j  any  Thing  contained  to  the  contrary  in  the 
faid  recited  A-fls,  notwithftanding. 

III.  AND  be  it  further  Enaoled^  by  the  Authority  aforefaid^  That  when  any  Lot    i-^pred  L^ts  to  e« 
in  the  faid  Town  fhall  hereafter  lapfe,  by  Reafon  of  its  not  being  built  on,  the  Di-    ^°'''* 
re6lors  and  Truftees  of  the  faid  Town,  or  the  Majority  of  them,  fhall  and  may,  and 

are  hereby  directed  and  required,  to  fell  fuch  Lot  at  Public  Vendue,  for  the  befl 
Price  that  can  be  got,  and  to  give  the  Purchafers  a  Deed  of  Bargain  and  Sale  for  the 
Lot  by  him  fo  purchafed. 

IV.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Directors  All  other  tots  to 
and  Truflees  of  the  faid  Town  fliall  and  may,  and  are  hereby  directed  and  required,    ^^  ^"''*' 

to  make  Sale  of  all  other  Lots  in  the  faid  Town  not  already  difpofed  of,  for  the  beft 
Price  that  can  be  got ;  and  to  give  the  Purchaier  of  every  fuch  Lot  a  Deed  of  Bar- 
gain and  Sale  for  the  fame. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Fee-Simple  ?3»«''  t-'^t^vefled 
Eftate  of  every  Lot  in  the  faid  Town,  heretofore  fold  and  conveyed  in  Purfuance  rL.''"  ''""''*" 
of  either  of  the  afore-recited  Acts,  or  that  fhall  hereafter  be  fold  and  conveyed  by 

Virtue  of  this  prefent  Act  of  Affembly,  that  hath  been,  or  fhall  be  built  on  within 
the  Time  or  Times  limited  by  the  faid  Acts,  or  this  prefent  Act,  fhall  be,  and  is 
hereby  vefted  in  the  Purchaier  of  fuch  Lot,  his  Heirs  and  AfTigns,  againfl  every 
Perfon  claiming,  or  to  claim,  any  Right  or  Interefl  therein. 

VL     AND  be  it  further  Enacted,  by  the  Authority  aforefald.   That  all  Monies    Puf<:'i''fe  Money 
which  the  faid  Directors  and  Truftees  fhall,  from  Time  to  Tim.e,  receive,  for  any    prLtedT  ^'''"°' 
Lot  or  Lots  by  them  to  be  fold  or  difpofed  of,  fhall  by  them  be  applied  to  the  com- 
mon Ufe  and  Benefiic  of  the  faid  Town. 

VII.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  it  fhall  not  Wooden  chim- 
be  lawful  for  any  Perfon  whatioever  to  ereft  any  wooden  Chimney  in  the  faid  Town  -,  reacd^  ^°  ""^ "" 
and  every  Perfon  who  hath  already  built  any  fuch  Chimney  therein,  fhali  pull  down 

tlie  fame  within  the  Space  of  Six  Months  after  the  pafllng  of  this  Aft :  And  if  any 
Perfon  fhall  prefume  to  aft  contrary  hereto,  in  erefting  any  wooden  Chimney  in 
the  faid  Town,  or  in  failing  to  pull  down  any  fuch  already  ereftcd,  it  fliall  and 
may  be  lawful  for  the  faid  Directors  and  Truftees,  or  the  Majority  of  them,  by 
their  Order,  to  direct  the  Sheriff  of  the  County  of  Halifax  to  pull  down  and  deftroy 
every  fuch  Chimney  ;  which  Carder  the  faid  Sheriff  is  hereby  directed  and  required 
to  obey,  and  fhall  be  paid  for  every  fuch  Service  the  Sum  of  Twenty  Shillings, 
Proclamation  Money,  by  the  Party  offending :  And  in  Cafe  he  fliall  fail  or  neglect 
to  pay  the  fame,  it  fliall  be  levied  on  his  Goods  and  Chatties,  by  a  Warrant  of 
Diflrefs  from  the  Directors  and  Truftees  of  the  faid  Town,  or  the  Majority  of 
them. 

VIII.  AND  whereas  fome  of  the  Directors  and  Truftees  of  the  faid  Town  are    oweOnrs   a?- 
dead,  and  others  of  them  removed  out  of  the  Country  ;    Be  it  therefore  Ena£ted,  by   p"'""^''- 

the  Authority  aforefaid.  That  from  and  after  the  pafling  of  this  Act,  the  Honourable 
Alexander  M'-Culloch,  Efq;  Robert  Jones,  Jun.  Blake  Baker,  Jofeph  Montfort,  "John 
Eelbank,  James  Toung,  and  John  Thompfon,  Gentlemen,  fhall  be,  and  they  are  hereby 
appointed  Directors  and  Truftees  of  the  faid  Town,  in  the  Place  and  Stead  of  thofe 
appointed  by,  or  elected  in  Virtue  of  the  afore-recited  Acts ;  and  fhail  and  may 
uie  and  exercife  the  fame  Powers  and  Authorities  as  the  Directors  or  Truftees  of 
the  faid  Town,  appointed  by  the  firft  recited  Act,  could  or  might  have  exercifed 
and  enjoyed  by  Virtue  of  the  fame:  And  in  Cafe  of  the  Death,  Refufal  to  act,  or 
Removal  out  of  the  Country,  of  any  of  the  laid  Directors,  the  furviving  or  other 

Directors 


334 


L  A  PF  S    of    North-Carolina. 


A.  D.   1764.    Directors  Ihall,    and  they  are  hereby  required  and  impowered,   to  choofe  another 
'  — ■ '     Director,  or  other  Directors,  in  the  Room  of'luch  fo  dying,  refufmg  to  act,  or  re- 
moving out  of  the  Country  •,    and  fuch  Director  or  Directors  fliall  have  the  fame 
Power  and  Authority,  as  it  exprefsly  named  and  appointed  in  and  by  this  Act. 


Private, 


Road   to   be  laiJ 
uut. 


And  made  within 
3  Years, 


Fenie5  inveftrd  in 

\Vm.  D.y,    Efq; 


Rates  of  Ferri.ice* 


Slaves  e;rn-nit 
fr'  m  woiking  en 
Roads. 


CHAP.     XI. 

Jn  Act  to  encourage  and  impower  WilUam  Dry  to  jnake  a  Pabltc  Road  through  the 
great  IJland  oppo/ite  to  the  Borough  of  Wilmington. 

I.  TT7HEREAS  a  Road  through  the  great  IQand  oppofite  to  the  Borough 
yy  of  IVihningtcn  will  be  very  beneficial  to  Travellers  going  to  and  from 
South  Carolina,  and  to  others  going  to  the  Town  of  Brunfwick,  and  up  the  Nortliveft 
River  of  Cape  Fear,  and  the  faid  fFilliam  Dry  being  delirous  to  make  and  finilli  the 
fame: 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority 
of  the  fame.  That  the  faid  William  Lry  fliall,  within  Six  Months  after  the  paffing  of 
this  A61,  flake  and  lay  off,  or  caufe  to  be  flaked  and  laid  off,  a  Road  through  the 
faid  Ifland,  beginnmg  at  his  Land  on  the  faid  Ifland  oppofite  to  Market  Street  in 
the  faid  Borough,  and  running  Weflerly  the  nearefl  and  mofl  convenient  Way  acrofs 
to  the  Northwejl  River. 

III.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  faid  Wil- 
Uam Dry,  his  Heirs,  Executors,  or  Adminiflrators,  fhall,  within  Tluee  Years  from 
the  paffing  of  this  Act,  make  and  finifli  a  good  fufficient  Road  through  the  laid 
Ifland,  Sixteen  Feet  wide,  and  One  Foot  above  high  Water  Mark  at  Spring  TiJes, 
the  Ditches  to  be  clear  from  End  to  End,  and  the  Infide  of  the  Ditches  not  to  be 
lefs  than  Six  Feet  diflant  from  the  Outfide  of  the  Caufeway,  and  convenient  for  Car- 
riages to  pafs  and  repafs ;  and  to  make  Britlges,  good  and  lubftantia!,  and  agreeable 
to  Law,  over  all  the  Creeks  that  the  faid  Road  fhall  crofs,  under  the  Penalty  ot 
Two  Hundred  Pounds,  Proclamation  Money;  to  be  recovered  by  Adion  of  Debt, 
in  any  Court  of  Record,  having  Cognizance  thereof,  the  one  Half  to  the  Perfon 
fuing  for  the  fame,  and  the  other  Half  to  be  applied  towards  Icffening  the  County 
Tax. 

IV.  AND  to  encourage  the  faid  William  Dry  to  make  and  finifli  the  faid  Road  ; 
Be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  in  Confideration  of  the  faid 
William  Dry's  making  and  finifhing  the  Road  as  aforefaid,  the  Ferries  to  be  kepc  on 
both  Sidcb  of  the  North-Wef  River  which  the  faid  Road  leads  to,  as  alfo  the  Ferry 
to  be  kept  on  both  Sides  the  Northeajl  River  oppofite  to  Market-fir eet  in  the  Borough  of 
PFilmington,and  all  Perquifites  and  Profits  ariiing  therefrom,  are  hereby  vefted  in  the 
faid  William  Dry,  his  Heirs  and  Affigns,  for  ever-,  and  the  faid  William  Dry, 
his  Lleirs  and  Affigns,  fhall  and  may  hereafter  receive  for  tranfporting  Paffengers, 
their  Horfes  and  EffeAs,  over  each  of  the  faid  Ferries,  the  follov/ing  Rate;-,  to  wit. 
For  every  Foot  Paffenger,  Four  Pence  ;  for  every  Angle  Man  and  Horfe,  Eight 
Pence  •,  and  wiien  more  than  one  Man  and  Horfe,  for  each  Man  and  Florfe,  P'our 
Pence  ;  for  every  Two  Wheel  Carriage  and  its  Paffengers,  drawn  by  one  or  two 
Horfes,  One  Shilling  and  Four  Pence  •,  for  every  four  Wheel  Carriage  and  its  Paf- 
fengers, drawn  by  two  or  four  Horfes,  Two  Shillings  and  Ei^ht  Pence  ;  for  every 
Horfe  in  the  two  Wheel  Carriage  more  than  two,  and  in  the  four  Wheel  Carriage 
more  than  four.  Four  Pence  each. 

V.  AND  as  a  further  Encouragement  to  the  faid  William  Lry,  to  cut,  make, 
finifli,  and  keep  the  faid  Road  and  Bridges  in  confl;ant  Repair ;  Be  it  Enacted,  by 
the  Authority  aforefaid.  That  it  fliall  and  may  be  lawful  for  the  faid  William  Dry, 
his  Heirs  and  AfTigns,  to  be  exempt  from  Working  Twenty  Negrce  Men  on  any 
other  Public  Roads  in  this  Province,  for  and  during  the  Space  or  Term  of  Five 
Years,  fiom  and  after  the  paffinsc  of  this  Ad,  and  no  longer. 

VI.     AND 


LAWS      of     N  O  X  T  H  -  C  A  R  O  L  I  N  A. 


o    '>    ^ 


RnaJ    to 
in  Repair 


1764. 
jc   kept 


VI.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  as  foon  as  the  ■^.  -D 
faid  Road  is  well  and  compleatly  fini.lied,  and  Bridges  built  as  atbrelaid,  the  faid 
IVtUiam  Dry,  his  Heirs  or  Affigns,  ftiali,  from  Time  to  Time,  forever  thereafter,  at 
his  or  their  own  Expence,  keep  the  faid  R.oad  and  Bridges  in  lufficient  and  conftant 
Repair ;  and  in  Cafe  the  laid  IVilliam  Dry,  his  Heirs,  Executors,  Admlnillrators,  or 
Affio-ns,    Ihall  fail  or  neglect   fo  to  do,  he  or  they  fliall  be  liable  to  the  fame  Pains 

and  Penalties  for  fuch  Failure  or  Negleft,  as  the  Overfeers  of  any  Public  Road  are 
liable  to  by  Virtue  of  any  Ad  or  Afts  of  Aflem.bly  of  this  Province. 

VII.  AND  be  it  further  Ena^ed,  That  if  any  Perfon  or  Perfons  fhall,  for  Fee   t-en  f.r  KeepTn.» 
or  Reward,  contrary  to  the  Intent  and  Meaning  of  this  Ac"t,    tranfport  or  carry  any   l^^^C"  "  '''" 
Perfon  or  Perfons,  their  Horfes,  Carriages,  or  Effcdls,  over  either  of  the  Branches 
o(Ca^c-Fear  River,  in  Order  to  his  or  their  palTing  through  or  over  the  faid  Illand, 

fuch  Perfon  or  Perlljns  fo  offending  fliall,  tor  every  Oftence,  forfeit  and  pay  the 
Sum  of  Twenty  Sliillings  ;  to  be  recovered  by  a  Warrant  I'rom  any  Juflice  of  the 
Peace;  one  Half  to  be  paid  to  the  Informer,  and  the  other  Half  to  the  laid  lVillia;n 
Dry,  his  Heirs  or  Afligns. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fnall  and 
may  be  lawful  for  the  laid  IVilliam  Dry  to  make  Uie  of  any  Timber  on  either  Side 
of  the  faid  Road  that  may  be  neceflary  for  making  and  finifhing  the  fame. 

IX.  AND  be  it  further  Ena'^^ed,  by  the  Authority  aforefaid.  That  the  faid  TFilliam    cn-d  Boats  to  b« 
Dry,  his  Heirs,  Executois,  Adminiftrators,  or  Afligns,  fliall,   as  foon  as  the  faid    ^"videa. 
Road  is  finiflied,  provide  good  and  fufficient  Boats,  and  other  proper  Craft,  for  the 
tranfportinq;  of  all  Travellers  and  their  Effefts,  and  for  ever  hereaiter  iTiall  keep  the 

fame  in  fufficient  and  conftant  Repair,  and  well  and  properly  attended,  under  the 
Penalty  of  Twenty  Pounds,  Proclamation  Money,  lor  every  Negled  ;  one  Half  to 
the  Perfon  fueing  for  the  fame,  and  the  other  Half  to  be  applied  for  and  towards 
leflening  the  County  Tax ;  to  be  recovered  in  any  Court  of  Record  within  the  Coun- 
ties of  Erunfxvick  or  Neiv-Hanover,  wherein  the  fame  is  cognizable. 


Tlnilier   may   te 

ufc:J. 


CHAP.     XII. 

An  Act  to  confirm  the  Veflry  already  chofen  for  the  Pariflo  of  St.  John,  in  the  County  of 
Bute  ;  and  to  liable  the  Freeholders  of  the  ParifJoes  zvithin  the  Counties  of  Pafquo- 
tank,  Anion,  and  Currituck,  to  elect  Vejlrics. 

I.  TT  7  HE  RE  AS  it  hath  been  reprefented  that  the  Manner  of  carrying  on    P""'«' 

yy  and  conducing  the  Eleftion  of  the  Vefl:ry  in  the  Parifli  of  St,  John  afore- 
faid, was  irregular,  and  not  agreeable  fl:ridtly  to  the  Words  of  the  Ad  of  Affembly 
appointing  Veftries  -,  by  which  Means  its  Exiftence  as  a  Vefl:ry  has  been  called  in 
Qiieftion,  fo  that  much  Difquiet  and  many  Law- Suits  may  arife,  unlefs  timely 
prevented  : 

II.  BE  It  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the 
Authority  of  the  far.ie,  and  it  is  hereby  Declared,  That  the  Veitry  already  chofen,  elect- 
ed, and  iworn,  for  the  faid  Parifli  of  St.  John,  in  the  County  of  Bute,  be  deemed, 
taken,  and  efteemed,  a  true  and  lawful  Vefhy,  and  veftcd  with  all  Powers  oi  other 
Veftries  duly  chofen  under  an  Ad,  intituled,  An  Act  concerning  Veflries. 

III.  AND  whereas  the  Law  concerning  Veftries,  did  not  come  in  Time  to  the 
Hands  of  the  Sheriffs  oi  Pafiuotank,  Anfon,  and  Currituck,  to  enable  them  to  fum- 
mons  the  Freeholders  to  elect  Vefl:ries  in  each  of  the  Parlflies  within  the  laid  Coun- 
ties ;  by  which  Means  Parochial  Bufinefs  remains  wholly  llifpended  therein  •,  Be  it 
therefore  further  Enabled,  by  the  Authority  aforefaid.  That  the  SlierifTs  of  Pafquotank, 
Anfon,  and  Currituck,  on  Eqfer  Mcnday  ttcxt,  fhall  proceed,  after  having  given  the 
Freeholders  of  their   feverai  Counties  Thirty  Days  Notice,  to  eled  and  choofe 

*  '  '  Twelve 


Vtrftry 


declared 


Cniinties  to  eleft 
Valriei. 


33^ 


LAWS    of    North-Carolina. 


ji.  D.  1764.  Twelve  Veftrymen,  according  to  the  Rules,  Limitations,  and  Reftridions,  of  an 
Aft,  intituled,  An  AEl  concerning  Vejlries ;  and  when  the  Veftries  fhall  be  accordingly 
chofen  and  fworn,  they  fliall  be  deemed,  taken,  and  efteemed  lawful  Veftries,  until 
a  Re-eledion,  according  to  the  Direftions  of  the  aforefaid  Aft. 


Piivats. 


CHAP.     XIII. 

An  A5i  to  prevent  the  unreafonahle  Bejlruolion  of  Fijh  in  the  Rivers  Meherrin,  Peedee, 

and  Catawba. 


H  E  R  E  A  S  many  avaricious  Perfons,  by  fifhing  with  feveral  Seins  at 


yy  the  fame  Fifhing- Place,  and  by  keeping  Nets  extended  acrofs  the  Rivers 
Meherrin,  Peedee^  and  Catawba^  prevent  the  Fifli  from  pafiing  up  the  faid  Rivers, 
fo  that  the  Inhabitants  living  on  the  upper  Parts  of  faid  Rivers  are  deprived  from 
the  Benefit  of  catching  Filh  therein  : 


P  ftruftiin        I 
Filh  prevented. 


II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  AJfembly,  and  by  the 
Authority  of  the  fame.  That  it  (hall  not  be  lawful  for  any  Perfon  or  Perfons  whatfo- 
ever,  from  arid  after  the  pafling  of  this  Aft,  to  draw  or  fifh  with  more  than  one 
Sein  at  any  one  Fifhing-Place,  or  within  One  Eighth  of  a  Mile  of  each  other,  on 
the  faid  Rivers,  at  a  Time,  during  the  Seafon  for  fifhing,  or  to  keep  a  Net  or  Seiri 
extended  and  fixed  acrofs  either  of  them,  or  to  make  any  Hedges,  Stops,  or  Dams 
on  the  fame,  to  hinder  or  prevent  the  Fifh  from  pafling  up  the  faid  Rivers  -,  and  if 
any  Perfon  or  Perfons  fhall  offend  herein,  he  or  they  fhall,  for  every  fuch  Offence, 
forfeit  and  pay  the  Sum  of  Ten  Pounds,  Proclamation  Money ;  to  be  recovered  by 
the  Informer,  in  any  Court  of  Record,  with  Coils,  by  Aftion  of  Debt. 


CHAP.     XIV. 

An  A51  for  altering  the  Boundary  Line  between  the  Counties  of  Northampton  and  Hert- 
ford. 

I.  TT  THE  RE  AS  by  the  Act  of  AfTembly  for  eftablifhing  the  County  of 
y  Y     Hertford,  it  hath  by  Experience  been  found  not  fo  convenient  for  Ibme 
of  the  lower  Inhabitants  of  Northampton  County  as  was  by  the  faid  Act  intended : 
For  Remedy  whereof, 

II.  BE  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
of  the  fame.  That  from  and  after  the  Firfl  Day  of  March  next,  the  dividing  Line 
between  the  faid  County  of  Hertford  and  Northampton  fhall  be  altered  as  followeth, 
to  wit.  Beginning  on  Kirbfs  Creek,  where  the  dividing  Line  joins  the  faid  Creek, 
running  thence  up  the  Creek  to  the  Fork  thereof;  then  up  Turky  Creek  to  Maple 
Fork  ;  thence  by  a  direct  South  Courfe  till  it  interfects  the  prefent  dividing  Line. 

commimonerafor        HI.     AND  be  it  further  EnaEfed,    by  the  Authority  aforefaid.    That  ^ofeph  Sikes, 
running  it.  William  Murphrcy,  and  Benjamin  JVynns,  or  the  Majority  of  them,    are  hereby  ap- 

pointed Commiffioners  to  run  the  faid  Line  •,  which  fhall  be  done  at  the  proper  Coft 
and  Charges  of  the  County  of  Hertford: 


Private, 


DA'iding  Line, 


Sheriff  to  diftrain 
«s  before  the  Di- 
Yiiioo, 


IV.  PR  0  VI D  E  D  neverthelefs.  That  nothing  herein  contained  fhall  extend  to 
debar  or  hinder  the  Sheriff  of  Northampton  County  from  collecting  all  the  Public, 
County,  and  Parifh  Taxes,  due  within  that  Part  of  the  faid  Northampton  County, 
which  is  hereby  intended  to  be  Part  of  Hertford  County,  after  the  faid  Firfl  Day  of 
March  next ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithflanding. 


This  Aft  had  it« 
mtdtd 


C  H  A  F.     XV. 

An  A5t  to  continue  an  Act  therein-mentioned. 


CHAR 


LAWS      of     NoilTH-CAROLINA.  337 

'"  CHAP.    XVI.  A.  D.  1764. 

An  A5i  for  the  Relief  of  Abraham  Jones,   Efq;  former  Sheriff  of  Edgcomb  County.    This  Aft  had  it* 

CHAP.    XVII. 

An  A5i  to  increafe  the  Salary  of  the  Reverend  Thomas  Burges,  Minijler  of  Edgcomb 
Pariflj^  in  the  County  of  Halifax. 

I.  TT  7"  HERE  AS  by  the  Ad  of  Afifembly,   for  confirming  an  Agreement   P''"tc. 

VV  "lade  by  the  Churchwardens  and  Veftry  oi  Edgcomb  Parilh,  in  Halifax 
County,  with  the  Reverend  Thomas  Burges^  the  Veftry  of  the  faid  Parifh  are  re- 
ftrained  from  levying  and  paying  a  larger  Sum  of  Money  than  One  Hundred 
Pounds  per  Annual,  to  the  iaid  Thomas  Burges,  which  is  much  lefs  than  the  Salary 
allowed  by  Law  to  other  Miniftcrs  within  this  Province : 


II.  B  E  it  Enacted  hy  the  Governor,  Council,  and  /ffemhly,  and  by  the  Authority  of  S 
the  fame.  That  Irom  and  alter  the  palTing  of  this  Ad  the  laid  Veftry  of  Edgcomb 
Pariih  Ihall  levy  and  pay  to  the  faid  Thomas  Burges  as  much  Money  per  Annum  as 
other  Minifters  within  this  Province  ftiall  continue  to  have,  by  Virtue  of  an  Adt  of 
Aflembly,  for  making  Provifton  for  an  Orthodox  Clergy ;  any  Law,  Ufage,  or 
Guftom,  to  the  contrary,  notwithftanding. 


SIGNED     by 


Arthur  Doebs,  Efq-,  Governofs 

James  Murray,  Prefident, 
John  Ape,  Speaker. 


Read  Three  Times,  and  ratified  in  open  Affemh'y, 
the  2']th  Day  of  Nov.   1764. 


ala:y   increals^t 


U  u  ANNO 


338  LAWS    of    North-Carolina. 

A.  D.   1765. 

^    4^4^    '^■^    4"^    -^-^^    -^'"^    -^^    •*•    •$•'$•    •^i!*'i^*    *$*•$•    -^4*    *^i5>.^    -^^    ^ 

^  4^4*  •^'^  4"^  ^i^^*  4"^  '^•^  *  4*'^  •$*•$•  *$"^  4*4'  4*4*  4*4*  ^ 
ANNOREGNI 

G    E    O    R    G    I    I      III. 

REGIS, 

MAGN^    BRITANNIA,    FRANCIS,    &   H  I  B  E  R  N  I  iE, 

Q^    U     I     N     T     O. 


WILLIAM    At  an  ASSEMBLY,    begun  and  held  at  Wilmington^  the  Third  Day 
Efq;  Lieutel        ^^  February^  in  the  Fourth  Year  of  the  Reign  of  our  Sovereign  Lord 

nant- Gover- 
nor. GEORGE  the  Third,  by  the  Grace  of  God,  of  Great-Britain,  France, 

and  Ireland,  King,  Defender  of  the  Faith,  &c.  and  in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Sixty  Four ;  and  from  thence 
continued,  by  feveral  Prorogations,  to  the  Third  Day  of  May^  in  the 
Fifth  Year  of  the  Keign  of  our  faid  Sovereie-n  Lord  GEORGE  the 
Third,  &c,  and  in  the  Year  of  our  Lord  One  Thouflind  Seven  Hun- 
dred and  Sixty-five  J  to  be  then  held  at  Neivbcrn-,  being  the  Third 
SeiTion  of  this  prefcnt  Affembly. 

CHAP.     L 

An  ASi  for  Efiahlijlo'mg  an  Orthodox  Clergy,     (a) 

L  TTTHEREAS  making  a  reafonable  and  certain  Provifion  for  an  Ortho- 
Preambie.  W    ^^°^  Clergy,  may  tend  10  encourage  pious  and  learned  Minifters  ol  the 

Gofpel  to  fettle  in  the  feveral  Parifhes  in  this  Province : 

II.  BE  it  Enacted  by  the  Lieutenant  Governor,  Council,  and  /£emhly,  and  by  the 
Mimfter's  Salary.  Authority  of  the  fame.  That  every  Minifter  now,  or  hereafter  to  be  preferred  to,  or 
recfeived  into  any  Parifli  within  this  Province,  as  Incumbent  thereof,  fliall  have  and 
receive  a  Salary  of  One  Hundred  and  Thirty-three  Pounds  Six  Shillings  and  Eight 
Pence,  Proclamation  Money  •,  to  be  paid  bv  the  Churchwardens  and  Veftrymen  on 
or  before  the  lad  Day  of  June,  Annually  :  And  every  Minifter  may  take  and 
receive,  for  the  Services  herein  after  mentioned,  the  following  Fees,  to  wit. 

FOR 


(aj  See  Acl  Nov.  1768,  Cliap.   i,  for  amending  and  explaining  this  Aft. 


L    A   i^'  S      of     N  O  it  T  H  -  C  A  R  O  L  I  N  A. 


339 


FOR  Marrying,  if  by  Licence,  Twenty  Shillings  ;  if  by  Banns,  Five  Siiillings.    ^^- -0-    i7^S- 
FOR    publiilung  Banns,  and  granting  a  Certiiicate  thereof.  One  Shilling  and   ^iTVi^C^'^ 

Six  Pence. 

FOR  preaching  a  Funeral  Sermon,  if  required,  Forty  Shillings,  Proclamation 

Money. 

And  may  demand  and  receive  the  faid  Perquifites,  if  he  Tnall  not  refufe  or  negled 
to  do  the  faid  Services,  although  fuch  Services  Ihall  be  performed  by  any  other 
Perfon. 

III.     ANB  le  it  further  Ena5ted,  by  the  Authority  aforejaid.  That  in  every  Parifli    ^''"^^  to  be  fur- 
of  this  Province,  where  a  Glebe  is  not  already  purchaled  and  appropriated,  a  Trad 
ot  good  Land,  to  contain  Two  Plundred  Acres  at  leail,  fhall  be  purchafed  by  the 
Veitry,  as  a  Glebe  for  the  Ufe  of  the  Incumbent  of  fuch  Parilli  for  the  Time  be- 
ing, and  his  Succeffors  for  ever ;  and  until  fuch   Glebe  fhall   be  purchafed,  and 
Buildings  ereded  thereon,  in  Manner  herein  after  mentioned,  the  Minifter  of  fuch 
Parifli  fhall  have  and  receive  the  Sum  of  Twenty  Pounds,  Proclamation  Money, 
Annually.     And  where  a  Manfion-Houfe  and   convenient  Out-Houles  are  not  al-   M.nCon  -  Houfa 
ready  erefted,  for  the  Ufe  of  the  Minifter,  //  is  hereby  Enabled^  That  the  Veftry  of  '"  ^^  ''"'''• 
every  fuch  Parifh  are  hereby  authorized,  impowered,  and  required,  to  caufe  to  be 
credted  and  built  on  fuch  Glebe,  one  convenient  Manfion-Houfe,  ol:  Thirty-eif^hc 
Feet  in  Length,  and  Eighteen  Feet  in  Width,  a  Kitchen,  Barn,  Stable,  Dairy,  and 
Meat-Houfe,  with  fuch  other  Conveniences  as  they  fhall  think  necef]ary. 


Buildings  on 
Glebes  to  bi  kept 
iii  Kepiit, 


IV.  AND  to  the  End  that  the  Buildings  already  ereded,  or  hereafter  to  be 
ereded  upon  every  Glebe,  may  be  kept  in  good  Condition  •,  //  is  hereby  further 
Ena5ied,  That  the  Minifter  of  every  Parifh  Vv'ithin  this  Province,  fliall,  during  the 
Time  of  his  being  Incumbent  of  the  x-^arilh,  keep  and  maintain  the  Manfion-Houfe 
the  Out-Houlcs,  and  other  Conveniences  eredcd,  or  to  be  ereded  on  his  Glebe  in 
tenantable  Repair,  and  fhall  lb  leave  the  lame  at  his  Removal  from  his  Parifh,  or 
Death  (Accidents  by  Fire  or  Tempeft  only  excepted:)  And  in  Cafe  any  Minill:er 
fhall  fail  fo  to  do,  luch  Minifter,  his  Executors  or  Adminiftrators,  fhall  be  liable 
to  the  Adion  ot  the  Churchwardens  of  the  Parifh  for  the  Time  being,  wherein  the 
Value  of  llich  Repair  fhall  be  recovered,  and  Damages,  v/ith  Cofts  of  Suit ;  and 
the  Damages  fo  recovered,  lliall  be  applied  and  laid  out  in  necefTary  Repairs  upon 
the  Glebe  ;  and  every  Veftry  of  a  vacant  Parifh,  is  hereby  impowered  and  required 
to  put  all  the  Buildings  upon  the  Glebe  of  their  Parifh,  into  iuch  good  and  fufEcienc 
Repair  that  they  may  be  fit  for  the  Reception  of  the  fucceeding  Minifter. 

V.  PRO  FID  E  D  neverthekfs,  that  any  Veftry  who  fhall  judge  that  the  Mi-  Vc-(?ry  mny  m^ke 
nifter  has  not  wilfully  committed  any  Wafte  on  his  Glebe,  fliall  make  fuch  neceflary  ""'^'^^^J '^"-t*'"' 
Repairs,  at  the  Charge  of  the  Parifii,  as  they  fliall  think  proper. 


propc 


VI.     AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Clergy-  Minifter  guilty  of 
man,  prefented  to  any  Parochial  Living  within  this  Province,  fliall  be  guilty  of  any    JnXn7ed"7 
grofs  Crime  or  notorious  Immorality,  it  fliall  be  lawful  for  the  Governor,  or  Com-   the  clllL..  ^ 
-mander  in  Chief  for  the  Time  being,    by  and  with  the  Advice  of  his  Majefty's 
Council,    to  fulpend   the  faid  Clergyman  from  ierving  the  Cure  of  fuch  Pariflx 
whereof  he  was  Incumbent  -,  and  fuch  Sufpenfion  fliall  be  deemed  good  and  valid, 
until  fuch  Time  as  the  Biflioji  of  London  fliall  either  reftore,  or  pafs  Sentence  of 
Deprivation   on  him,    by  notifying  the  fame  to  the  Governor,  or  Commander  in 
Chief  for  the  Time  beinu;. 


VII.     AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  Parifli,   Minifter  fnfpcnd. 
the  Minifter  whereof  fliall  be  fufpended  as  aforefaid,    fliall  be  entirely  difcharged   ^'l.^f;,!!,.'!,: 
irom  the  Payment  of  the  Salary  and  Provifions  by  this  Ad  allowed  and  made  lor 
the  Minifler  thereof,  for  all  fuch  Time  as  the  faid  Sufpenfion  fliall  remain  in  Force. 


ment   ol   ih- 


U    U    2 


VIII.  ANB 


340 


LAWS    of    North-Carolina, 


A.  D.    1765. 

Repealing  Claufe. 


VIII.  AND  be  it  further  EnaEled^  by  the  Authority  afore/aid.  That  all  and  every 
Aft  and  Ads  heretofore  palled,  relative  to  the  making  Provifion  for  an  Orthodox 
Clergy,  and  all  and  every  Claul'e  and  Article  contained  in  any  fuch  A6t  or  Afts 
(except  one  A6t  of  Affembly,  intituled,  yf«  yJct  to  confirm  an  Agreement  made  by  the 
frejent  Churchivardens  andVefiry  e/Chnll-Church  Parijh,  in  Craven  County,  with  the 
Reverend  James  Reed  ;  and  alio  one  other  Ad:,  intituled.  An  Act  to  confirm  an  Agree- 
ment made  by  the  Churchwardens  and  Veftry  of  Edgcomb  Parifid,  in  Halifax  County^ 
with  the  Reverend  Thomas  Burges)  from  hencelorth  ftiall  be  repealed  and  made 
void. 


sheriff  to  give 
B  ;nd  ti)  colUa 
tl'e  Rii  (h  Ti!t, 
and  f..vi  htrmlefs 
the  Veftry. 


Jurlgment  miy  be 
enrcrt-d  ag.iuift 
hni,  on  failing 
to  ace.  unt  for  the 
Taxes, 


IX.  ANT)  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every  SherifT, 
and  other  Parifh  Collettor,  Ihall,  on  his  Appointment  to  the  faid  Office,  enter  into 
B  ind,  with  fufficient  Securities,  to  the  Churchwardens  and  Veftrymen  of  the  Parifh 
whereof  he  fliail  be  fo  appointed  Collcdor,  with  Condition,  that  he  will  well  and 
truly  colleCl  and  pay  to  tne  faid  Churchwardens  and  Veftrymen  the  Taxts  by  them 
aflelfed,  for  the  Ule  of  the  Parifh ;  and  alfo  fave  harmlels,  and  keep  indemnified, 
the  faid  Churchwardens  and  Veftry,  Irom  all  Suits,  Coft^  and  Damages,  which 
they  Ihall  fuftain,  if  the  faid  Collector  fhall  fail  to  make  iuch  Colledtion  and  Pay- 
ment. 

X.  AND  belt  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Parifh 
Coliedtor  fhall  fail  or  neglect  to  collect  and  pay  to  the  Churchwardens  and  Veftry 
of  the  Pariih  whereof  he  is  Collector,  on  or  belore  the  Thirtieth  Day  of  June  afore- 
faid,  all  fuch  Parifh  Taxes  as  he  fhall  or  ought  to  have  collected,  after  deducting 
the  Commiffions  by  Law  allowed  him,  and  the  Sums  chargeable  to  Perfons  who 
have  no  vifible  Eftate  in  his  Pariih,  it  fhall  and  may  be  lawful  for  the  Superior 
Court  of  the  Diftrict,  on  Motion  of  the  Churchwardens  and  Veftrymen,  to  give 
Judgment  againft  fuch  Collector,  and  his  Securities,  for  all  the  Money  wherewith 
he  IS  or  fhall  ftand  chargeable  as  aforefaid,  with  Cofts,  and  to  award  Execution. 
Provided,  That  fuch  Collector  have  Ten  Days  previous  Notice  of  fuch  Motion. 

XL  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  Churchwar- 
fJens  and  Veftry  of  each  Parifli  fhall  pay  and  latisly  to  tiie  Miiufter  thereof  the  Sa- 
lary by  this  Act  allowed  him,  on  or  beiore  the  Full;  Day  ot  Augufi  in  every  Year; 
and  in  Cafe  of  Neglect  or  Refufal,  the  Minilfer  Ihali  and  may,  by  Motion  in  the 
Superior  Court,  have  the  like  Remedy,  Proceedings,  and  Relief,  againft  fuch 
Churchwardens  and  Veftry  fo  neglecting  or  refufing,  as  is  or  may,  by  Virtue  of  this 
Act,  be  had  againft  any  Parifh  Collector,  for  Taxes  by  him  to  be  collected  and  paid 
to  the  Churchwardens  and  Veftry. 

Minift  to  preach        XII.     AND  be  it  further  Ev.acted,  by  the  Authority  aforefaid.  That  the  Minifter 
^pointl'''  ^'"'^    of  every  Parifh  fhall  preach  at  the  Churches  and  Chapels  which  now  are,  or  hereafter 

Ihall  be  erected,  in  the  Pariih  whereof  he  is  Minifter,  and  at  fuch  other  fuitable 

Places  as  the  Veftry  for  the  Time  being  fliall  direct. 


Minifter's   S.i 


to  lit 

filft 

yearly. 


paid 


by  the 
Auguft, 


Preamble 


CHAP.     II. 

An  Aol  for  opening  and  cutting  two  Roads  from  the  Ferry  on  the  Northweft  River, 
oppoftte  Eagle'i  Ifiand,  in  Brunfwick  County,  and  other  Purpofes. 

■  H  E  R  E  A  S  by  an  Aft  of  AfTembly  lately  palTed  at  Wilmington,  William 
Dry,  tfquire,  is  impowered  to  make  a  public  Road  through  the  great 
Iftand  oppofite  the  Borough  of  Wilmington,  which  faid  Road  is  nigh  opened  ;  and 
as  it  is  neceflary  that  two  Roads  fhould  be  laid  off  and  made  from  the  Ferry  on  the 
Northwefi,  River,  leading  from  the  faid  new  Road,  one  towards  Brunfwick,  the  other 
upwards  into  the  main  Road ; 


II.  BE 


LAWS    of    North-Carolina. 


;4f 


Roads  to   be   laid 
out. 


II.  BE  it  therefore  EnaSied,  by  the  Lieutenant-Governor,  Council,  and  /Iffenibly,  ^-  D.  1765 
and  by  the  Authority  of  the  fame,  Thac  the  Interior  Court  of  BruufvAck  County  lliall, 
within  Three  Months  after  the  pafTing  this  Atl,  nominate  and  appoint  Twelve 
Men  to  lay  out  the  faid  Roads ;  and  the  Tcrfons  fo  appointed,  or  the  Majority  of 
them,  fhall,  within  Two  Months  after  their  Appointment,  lay  out  the  faid  Roads, 
from  that  Fart  of  the  Northivejl  River  oppofite  the  Road  through  Eagle's,  Ifland  j 
one  Road  leading  towards  Brunfzvick,  the  other  towards  Bladen  County,  each  to  in- 
terfeil  the  main  Road  the  belt  and  nearcil  Way  :  And  il  any  Perfon  appointed  to 
lay  out  the  faid  Roads  fliall  rcfule  or  neglc(lt  to  perform  the  fame,  he  Ihall  forfeit 
and  pay  the  Sum  of  Five  Pounds,  Proclamation  Money  ;  to  be  recovered  by  any 
Perfon  who  fhall  fue  for  the  fame,  by  Aftion  of  Debt,  brought  in  the  Name  of  the 
Chairman  of  the  Inferior  Court  of  Brunfuuick  County  ;  which  Money,  when  reco- 
vered, fhall  be  paid  to  the  Chairman  of  faid  Court,  and  by  him  be  applied  towards 
m-ikino;  the  faid  Roads. 


Hen,  for  Neolcft. 


III.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  the  faid  Inferior 
Court  fliall,  within  i>ix  Months  after  the  paiTing  of  this  Ad,  appoint  an  Overicer 
or  Overfeers,  as  they  fhall  think  requifite  :  And  in  Cafe  the  Perlons  liable  to  work 
on  the  faid  Roads  in  the  Diftrid  where  the  fame  is  to  be  made  fhould  not  be  luiR- 
cient  to  make  and  finifh  the  fame,  the  faid  Court  is  hereby  impowcred  and  diredtcd 
to  order  any  Number  of  Hands  they  Ihall  think  neceffary,  out  of  any  other  Diflrid 
or  Diltricls  within  their  County,  to  afhlt  in  making  and  finifhing  the  fame,  under 
the  Penalty  of  One  Hundred  Pounds,  Proclamation  Money ;  to  be  recovered  by 
and  paid  to  any  Perfon  fuing  for  the  fame ;  one  Half  to  his  own  Uje,  and  the  other- 
Half  to  be  by  him  applied  tor  and  towards  making  the  faid  Roads ;  and  the  Over- 
feer  or  Overfeers  appointed  by  the  laid  Court  fhall,  and  are  hereby  veiled  with  the 
fame  Powers  and  Authorities,  and  liable  to  the  fame  Penalty,  as  any  Overfeers  of 
Roads  are  vefted  with,  or  liable  to  :  And  the  Overfeer  or  Overfeers  fo  appointed, 
fhall,  within  Eighteen  Months  after  their  Appointment,  make  and  finifli,  or  caufe 
to  be  made  and  finilhed,  the  faid  Roads,  with  all  Bridges  that  may  be  neceffary 
under  the  Penalty  of  Fifty  Pounds,  Proclamation  Money,  each,  to  be  recovered  by 
any  Perfon  fuing  for  the  fame ;  one  Half  to  his  own  Ufe,  and  the  other  Half  to 
be  paid  to  the  Chairman  of  the  Inferior  Court  of  Brunfwick  County,  to  be  by  him 
applied  for  and  towards  compleating  the  faid  Roads. 

IV.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  no  Perfon 
whatever  refiding,  or  to  refide  on  the  faid  ifland,  fhall  be  licenced  to  keep  any  Ta- 
vern, Ordinary,  or  Tippling-Houfe  thereon,  within  one  Mile  of  the  faid  Road, 
other  than  at  the  Ferry  Houies. 

V.  A  N  D  to  enable  the  faid  William  Dry  to  make  a  good  and  fufHcient  Caufe- 
way  through  the  faid  Ifland,  oppofite  to  Wilmington  ;  Be  )t  Enacfed,  by  the  Authority 
aforefaid.  That  the  faid  William  Dry,  his  Servants  or  Slaves,  fliall  and  may,  at  all 
Times  hereafter,  make  Ufe  of  any  Earth,  Dirt,  or  Sand,  neceflary  in  making  and 
repairing  the  Caufeway  aforefaid,  from  off  any  Perfon's  Land  adjacent  thereto, 
without  any  Let,  Hinderance,  or  Moleflation  whatever. 


Overfeer     to     be 

a^ir.O]ntr(l. 

T'erfc  ns  in  the 
D  ftr.ft  iinahle  to 
nuke  l.iid  R<T><ls, 
Hanf''^  (  r  3n\  o- 
thcr  D  fira  may 
l-e  ordered  to  af- 
fift. 


Overfeer  to  fin'/Ij 

th-  Riiidb  within 
18  Muiuhs. 


No  Tavern  to  be 
kept  on  tlic  Ifland 
within  I  ne  Mile 
ot  the  Ferries. 


Dirtmayle  taken 

ciffailj  irent  Linds 
to  mjke  iheCauI- 


CHAP.     III. 

An  Act  confirming  the  Title  of  William  Dry,  Efq;  to  certain  Lands  therein  mentioned.    Repealed  by 


Pro. 


C    HAP.     IV. 

An  A51  to  tmpower  the  Sheriff  of  Orange  County  to  collect  a  Tax  of  One  Shilling  and    Had  its  Eff.a. 
Sixpence,  Proclamation  Money,  laid  en  the  taxable  Perfons  in  the  faid  County,  by  an 
Act  of  Afjembly  of  this  Province,  gaffed  in  the  Fourth  Tear  of  the  Reizn  of  his  trefent 
Majefly.  ^     •'        ^   ■' 

ANNO 


142 


LAWS    of    North-Carolina. 


^.  D.    iy66. 


%#     %^     %^     %#     %^     %#r-^%^       %#     %#     %#     %^     %# 

r%  #%  #%  #%  #%  ^%^j>^^%   ^%  ^%  f'^  f?%  ^% 


ANNO       REGNI 


G  E  O  R  G   I  I    III. 

REGIS, 

MAGN^    BRITANNI.^,     FRANCIiE,    &    H  I  B  E  R  N  I  JE, 

S     E     P     T     I     M     O. 


WILLIAM  At  an  ASSEMBLY,    begun  and   held  at  Newbern  the  Third  Day 
TR  YON,  '         &  y 

non  ^°^^^'  ^^  November,  in  the  Seventh  Year  of  the  Reign  of  our  Sovereign 
Lord  GEORG  Elht  Third,  by  the  Grace  of  God,  of  Great-Britaiji, 
France,  and  Ireland,  King,  Defender  of  the  Faith,  &c.  and  in  the 
Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty-fix : 
Being  the  Firil  Seffion  of  this  prefcnt  Affembly, 

C  H  A  P.     L 

An  A^for  appointing  a  Public  Treafurer  in  the  Room  of  John  Srarkey,  Efq;,  deceafed. 

REP. 


Prcanr.ble. 


CHAP,     II. 

Ah  A5f  for  ereSling  a  convenient  Building  within  the  I'own  of  Newbern,  for  the  Re/l- 
dence  of  the  Governor  or  Commander  in  Chief  for  the  Time  being. 

I.  T  T  7"  H  E  R  E  A  S  it  is  necelTary  that  a  convenient  Edifice,  for  the  Refidencc 
y  Y     of  ^^^  Governor  or  Commander  in  Chief  for  the  Time  being  within  this 
Province,  be  erefted  j 

^^J^^""^'  '^"        II.     Be  it  therefore  Enactedy  by  the  Governor,  Council,  and  Affembly,  and  by  the  Au- 

chafe  Lots,  ana   thority  of  the  famc,  That  his  'ExceWtncy  William  Tryon,  Efq;  Governor  and  Com- 

fof  him"  a^nf  hh   ^T^^^^er  in  Chief  in  and  over  this  his  Majefty's  Province  of  North-Carolina,  be,  and  is 

SiiccLflbrs.  hereby  authorized  and  impowered  to  purchafe  any  Number  of  Lots  of  Land,  not 

exceeding  Twelve,  lying  within  the  Limits  and  Boundaries  of  the  Town  of  Nezvbern, 

in  any  Part  of  the  faid  Town  he  Ihall  think  moll  proper  and  convenient ;  and  to 

take  and  receive  one  or  niore  Deed  or  Deeds,  Jufficient  in  Law  for  the  conveying 

the 


LAWS    of    N  o  R  T  li  -  C  A  K  o  L  I  :i  A.  343 


the  fame  to  himfelf  and  his  Succeflbrs,  Governors  and  Commanders  in  Chief  of  this  ^^  ^-  i?^'^. 
Province  ;  and  upon  fuch  Conveyance  and  Conveyances,  his  Excellency  the  Cover-  V— — v"^-' 
nor  is  hereby  requcfted  an  J  impowered,  as  foon  as  may  be,  to  contrad  and  agree 
with  proper  Perfons  for  defigning,  erefting,  and  completely  finifliing  a  good  Dwell- 
inor-Hjufe,  with  all  neceiTary  Offices,  for  the  Ufe  of  himlelf,  and  his  Succefibrs, 
Governors  and  Commanders  in  Chief,  in  and  over  this  Province;  and  that  the  plan- 
ninfT,  defigning,  building,  and  finifliing  the  faid  Edifice  and  Offices,  fhall  be  under 
x^i\t  lole  Direction  and  Management  of  his  E::cel!ency  the  Governor,  or  fuch  Perfoa 
or  Perfons  as  he  fhall  appoint,  till  the  fame  is  completely  built  and  finilhed :  And 
the  faid  Lots  of  Land,  with  the  Houfes,  Buildings,  and  other  Edifices  thereon  to  be 
erected,  fhall,  and  is  hereby  directed  to  be  for  the  Ufe  of  his  Excellency  the  Gover- 
nor, and  his  Succeffors,  Governors  and  Commanders  in  Chief  in  and  over  this  Pro- 
vince, for  ever. 

III.  AND  belt  further  EnaHed,  hy  the  Authority  aforefa'td^  That  his  Excellency  imprwerfd  to 
the  Governor,  as  otten  as  he  fhall  haveOccafion  of  JVloney  for  the  Purpofes  afore-  f,reTs"fo'r''M^ney' 
faid,  may,  and  is  hereby  authorized  to  ifTue  his  Warrant  to  one  or  both  of  the  Trea-  '  "^  ^^  the  school 
furers  of  this  Province,  requiring  him  or  them  to  pay  fo  much  Money  as  he  fhall  ""  * 

have  Occafion  for,  not  exceeding  the  Sum  of  Five  Tlioufand  Pounds,  Proclamation 
Money;  which  the  faid  Treafurers  are  hereby  required  to  pay  to  his  Excellency  the 
Governor,  upon  his  Warrant,  out  of  the  Money  appropriated  by  Act  of  AfTembly 
for  erecting  of  Public  Schools,  and  purchafing  Glebes. 

IV.  AND  for  replacing  the  faid  Sum  of  Five  Thoufand  Pounds  into  the  Hands  t.-x  hid  for  re. 
of  the  Treafurers  of  this  Province  by  the  Time  appointed  for  the  finking  of  the  fame;  t>'"'"£  '''^  ^^"'^' 
Be  it  Enacted^  by  the  Governor^  Council.,  and  AJfembly,  and  by  the  Authority  of  the  fanie^ 

That  an  Annual  PoU-Tax  of  Eight  Pence,  Proclamation  Money,  be  levied  on  each 

taxable  Perfon  in  this  Province,  for  and  during  the  Term  of  Two  Years,  from  and 

after  the  Firft  Day  of  January  next;  to  be  collefted  by  the  Sheriff  of  each  refpe6tive 

County,  on  or  before  the  Firft  Day  of  March  in  each  Year :  And  that  all  and  every    j.^^^  c  ii  a  J 

Perfon  negleding  to  pay  the  faid  Tax  at  the  faid  Firft  Day  of  March,  fhall  be  liable    and  paid.       ' 

to  fuch  DiftreJs,  to  be  made  by  the  Sheriff,  as  for  Non-Payment  of  other  Taxes ; 

and  the  Sheriff  of  each  refpedtive  County  fliall,  on  or  before  the  Tenth  Day  of  June^ 

Yearly,  pay  into  the  Hands  of  the  Public  Treafurer  of  the  Diftri6t,   all  fuch  Sums 

of  Money  as  each  and  every  one  of  them  fliall  have  received  in  Virtue  of  this  A6t, 

under  the  fame  Regulations  and  Directions,  and  like  Fines  and  Penalties,  as  are 

direfted  and  inflicted  in  other  Acts  for  coilefting  of  Public  Taxes. 

V.  AND  be  it  further  Enar.ed,  by  the  Authority  aforcfaid.  That  an  additional  ^^^'f'-^l^'^^y 
Duty  of  Two  Pence,  Proclamation  Money,  be  paid  for  every  Gallon  of  Wine,  Rum,  qunrs'toithsume 
and  diililled  Liquors,  imported  into  this  Province,  either  by  Land  or  Winter,  from    ^"'fJ^^' 

any  Port  or  Place  whatfoever  (Great-Britain^xcepted)  after  the  Firft  Day  oi  Janua- 
ry next,  for  and  during  the  Term  of  Two  Years  next  enfuing ;  which  faid  additio- 
nal Duty  fhall  be  colledted  by  the  fame  Olncers,  and  accounted  for  in  the  fame  Ti,r.  ciaj'iEx  ' 
Manner,  and  under  the  fame  Regulations,  as  other  Duties  on  Wine,  Rum,  and  dif- 
tilled  Liquors  imported  into  this  Province,  are  directed  and  paid  into  the  Hands  of 
the  Treafurers,  towards  raifmg  the  faid  Sum  of  Five  Thoufand  Pounds,  for  the 
Ufes  and  Purpofes  as  in  this  A6t  direfted. 

CHAP.     m. 

An  AB  appointing  the  Method  of  dlfiributing  Intejlates  Efiates. 

I.  T3  -E  '^t  Enabled  by  the  Governor,  Council,  and  Ajfembly,  and  by  the  Authority  of  inff^-t"  t:citej 
_£3  the  fame.  That  all  and  every  Perfon  or  Perfons  to  whom  Admini  ft  ration  on    "^^  •''•'^"  • 
the  Eftate  of  any  Perfon  deceafed  fhall  hereafter  be  granted,  fhall  diftribute  the  Sur- 
plus of  fuch  Eftate  in  Manner  following ;  that  is   to  fay.  One  Third  Part  of  the 
faid  Surplus  to  the  Wife  of  the  Inteftate,  and  all  the  reft  by  equal  Portions,  to  and 

amongft 


244  LAWS    of    North-Carolina. 


yf.  D.   1766.    amongftthe  Children  of  fuch  Perfon  dying  Inteftate,  and  fuch  Perfons  as  legally  re- 
'^—''-'^r-^    prefent  fuch  Children,  in  Cafe  any  of  the  faid  Children  be  dien  dead,  other  than  fuch 
Child  or  Children  (not  being  Heir  atLawj  who  fhall  have  any  Ellate  by  the  Settle- 
ment of  the  Inteftate,  or  Iliall  be  advanced  by' the  Inteftate  in  his  Liietime,  by  Por- 
tion or  Portions,  equal  to  the  Share  which  fliall  by  fuch  Diftribution  be  allotted  to  the 
other  Children  to  whom  fuch  Diftribution  is  to  be  made :  And  in  Cafe  any  Child, 
other  than  the  Heir  at  Law,  who  ftiall  have  any  Eftate  by  Settlement! rem  the  faid 
Inteftate,  or  ftiall  be  advanced  by  the  faid  Inteftate  in  his  Lifetime,  by  Portions  not 
equal  to  the  Share  which  Iball  be  due  to  the  other  Children  by  fuch  Diftributions  as 
atorefaid,  then  fo  much  of  the  Surplus  of  the  Eftate  of  fuch  Inteftate  to  be  diftri- 
buted  to  fuch  Child  or  Children  as  ihall  have  any  Land  by  Settlement  from  the  In- 
teftate, or  were  advanced  in  the  Lifetime  of  the  Inteftate,  as  fhall  make  the  Eftate  of 
all  the  laid  Children  to  be  equal,  as  near  as  can  be  eftimated  ;  but  the  Heir  at  Law, 
notwithftanding  any  Land  that  he  ftiall  have  by  Defcent,  or  otherwife,  from  the  In- 
teftate,   is  to  have  an  equal  Part  in  the  Diftribution  with  the  reft  of  the  Children, 
without  any  Confidermion  of  the  Value  of  the  Land  v/hich  he  hath  by  Defcent,  or 
otherwife,  from  the  Inteftate :  And  in  Cafe  there  fiiouki  be  no  Children,  nor  any 
leo-al  Reprefentatives  of  them,  then  one  Moiety  of  the  faid  Eftate  to  be  allotted  to  the 
"Wife  of  the  Inteftate  •,  the  Reftdue  of  tiie  faid  Eftate  to  be  diftributed  equally  to 
every  of  the  next  of  Kin  of  the  Inteftate  who  are  in  equal  Degree,  and  to  thofe  who 
leo-ally  reprefent  them  :  Provided^  That  there  be  no  Reprefentatives  admitted  amongft 
tollaterals  after  Brothers  and  Sifters  Children.    And  in  Caie  there  be  no  Wife,  then 
all  the  faid  Eftate  to  be  diftributed  equally  to  and  amongft  the  Children  ;  and  in 
Cafe  there  be  no  Child,  then  to  the  next  of  Kindred,  in  equal  Degree,  of,   or  unto 
the  Inteftate,  and  their  legal  Reprefentatives  as  aforefaid,  and  in  no  other  Manner 
whatfoevcr.     And  if  after  the  Death  of  the  Father,  any  of  his  Children  fhall  die 
inteftate,  without  Wife  or  Children,    in  the  Lifetime  of  the  Mother,  every  Brother 
and  Sifter,  and  the  Reprefentative  of  them,  Ihall  have  an  equal  Share  with  the  Ma- 
ther of  the  Eftate  of  the  Child  or  Chftdren  fo  dying  Inteftate. 

p. fcaiing Claud's.  jj^  ANT)  he  it  further  EnaEled^  by  the  Authority  aforefaid.  That  fo  much  of  an 
Adt  of  Aflcmbly,  intituled,  An  A£l  concerning  proving  IVills,  and  granting  Letters  of 
Admnifration,  and  to  prevent  Frauds  in  the  Management  of  Inteftates  Ejiaies,  as  is 
within  the  Purview  of  this  Aft^  is  hereby  repealed  and  made  void. 

CHAP.     IV, 

An  A5lfor  the  Relief  of  fuch  Perfons  as  have  fid^eredy  or  may  fiffer,  by  not  having  had 
their  Deeds  and  Mcfne  Conveyances  proved  and  regijiered  'within  the  Time  heretofore 
appointed  for  fuch  Purpofcs. 

Fre..nnble.  j^  T 1  7  H  E  R  E  A  S  by  an  Aft  pafTed  at  Neivhcrn,  in  the  Year  of  our  Lord  One 

VY  Thoufand  Seven  Hundred  and  Fifty  Four,  intituled,  An  An  for  the  Re- 
lief of  fuch  Perfons  as  have  fuffered,  or  may  fifcr,  by  not  having  had  their  Deeds  and 
Mefne  Conveyances  regiftered  and  -proved  within  the  Time  heretofore  appointed  for  fuch 
Purpofcs,  and  to  prevent  Difputes  and  Lazvfuits  concerning  Lands,  all  Deeds  or  Mefne 
Conveyances  for  any  L,ands,  Tenements,  or  Hereditaments,  within  this  Province, 
were  to  be  acknowledged  or  proved  according  to  the  Direftions  of  that  A6t,  and 
delivered  to  the  Regifter  of  the  Counties  wherein  they  are  refpeftively  fituated, 
within  the  Space  of  Two  Years  from  the  refpedive  Dates  thereof-,  and  many  Per- 
fons, through  Ignorance  of  the  Purport  of  the  faid  Law,  or  other  Caufes,  have 
negleded  to  have  their  Deeds  and  Mefne  Conveyances  proved  and  regiftered,  ac- 
cording to  the  Directions  of  the  faid  AB: :  For  Remedy  whereof, 

F.irthcrr.meai.        H.     BE  it  Endctcd,  hy  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority 

inwed^  or  prov.ng   ^j  ^1,^  j-^„jg^  -pi^.^^  all  Deeds  and  Mefne  Conveyances  of  Lands,  Tenements,  and 

Hereditaments,   not  already  regiftered,   acknowledged  or  proved,  ftiall  and  may, 

within  Eighteen  Months  after  the  pafting  this  Aft,  be  acknowledged  by  the  Grantor 

or 


L  A  tV  S    of    North-Carolina. 


345 


tho'    n'jt 
and  vjiid, 


pr'.vcil, 

w;rh  n 

r:,  goud 


or  Grantors,  his  or  rheir  Agents  or  Attornies,  or  proved  by  one  or  more  of  the  ^'  D.  1766 
fubicribing  WitneflVs  to  the  lame,  and  tendered  or  delivered  to  the  Regiilers  o\  the 
Counties  whereof  fuch  Lands,  Tenements,  or  Hereditaments,  are  refpeftively  fitu- 
ated  :  And  all  Deeds  and  Melne  Conveyances  vvhatlbever,  which  (hall  be  acknow- 
ledged or  proved  according  to  the  Diredions  of  this  Aft,  and  alfo  fuch  as  have  been 
heretofore  proved  or  recorded  by  the  Clerk,  and  rcgiftered  by  the  Regifter  of  any 
County  wherein  the  Lands  and  Tenements  mentioned  in  the  fame  lie  or  are  fituate, 
though  not  within  Two  Years  after  the  Date  of  the  refpeftive  Conveyance,  fhall  be 
goo-l  and  valid  in  Law,  and  fhall  enure  and  take  Effedt  as  fully  and  efTeiSualiy,  to 
the  Ule  and  Behoof  of  the  Grantees,  their  Heirs  and  Affigns,  and  thofe  claiming 
under  them,  as  if  fuch  Deeds  and  Conveyances  were  acknowledged,  or  proved  and 
regilL-red,  agreable  to  the  Direftion  of  any  Ad  of  Aflembly  heretofore  made. 


CHAP.     V. 

An  Act  for  reviving  and  re-enacting  the  fever al  Acts  of  AffemUy  reJatinT  to  the  Inflection 

of  Tobacco.     EXP. 

CHAP.  6.     An  Act  to  amend  and  continue  an  Act.,  intituled..  An  A<5t  for  appointing 
a  Militia.     EXP. 

7.  Ayi  Act  to  amend  an  Act.,  intituled.,  An  Ad  for  rendering  more  effec- 
tual the  Laws  making  Lands,  and  other  real  Eftates,  liable  to 
the  Payment  of  Debts.     EXP. 


Port  Roanoke,  and  Port  Beau- 


CHAP.     VIII. 

An  Act  for  facilitating  the  Navigation  of  Port  Bath, 

fort,     (a) 

L  TTTHEREAS  confiderable  Injuries  have  frequently  happened  to  divers    Preambiei 

Y  Y  Merchants  who  have  fent  their  Ships  and  Velfels  to  Baih,  Edenton.,  and 
Newbern,  by  Reafon  of  the  Badnefs  of  the  Channels  leading  to  the  faid  Places,  the 
Inlufficiency  and  Negligence  of  the  Pilots,  the  Want  ot  ftaking  out  the  faid  Chan- 
nels, and  making  the  Navigation  more  eafy,  whereby  the  Trade  of  thofe  Parts  of 
the  Province  is  greatly  impaired :  For  Remedy  whereof, 


(b)  IL  B  E  it  Enacted,  by  the  Governor^  Council,  and  Affembly,  and  by  the  Autho- 
rity of  the  fame.  That  the  Honourable  Robert  Palmer,  Efq;  Thomas  Refpifs,  IVyriot 
Ormond,  and  Peter  Blinn,  Efqrs.  be,  and  are  hereby  appointed  Commiffioners  for 
Port  Bath ;  the  Honourable  Henry  Euflace  M'-Ctdloch,  Elq-,  and  John  Campbell,  Jo- 
feph  Blount,  Edivard  Vail,  Jofeph  Hewes,  John  Hodgfon,  WiUiarn  Low t her,  and  Cullen 
Pollock,  Efqrs.  be,  and  they  are  hereby  appointed  Commiffioners  for  Port  Roanoke  ; 
and  Gabriel  Cathcart,  Samuel  Cornell,  Thomas  Hafiin,  Thomas  Clifford  Howe,  John 
Smith,  and  JVilUam  JVi^ton,  be,  and  are  hereby  appointed  Commiffioners  for  Port 
Beaufort  \  to  contrad  with  proper  Perfons  to  examine,  from  Time  to  Time,  the 
Situation  of  the  Swatch,  and  to  keep  the  fame,  and  all  other  Channels  leading  from 
Occacock  Bar  to  Bath,  Edenton,  and  Newbern,  well  and  fufficiently  ftaked  our,  and 
to  ered  Beacons  at  Occacock,  Beacon  Jfland,  Core  Banks,  and  all  other  fuch  Places 
as  the  faid  Commiffioners  (hall  think  moil  convenient  for  the  Safety  of  Vcfiels.  (c) 

IV,  AN D  be  it  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Commiffion- 
ers, or  the  Majority  of  them,  in  each  refpedive  Port,  (hall  have  full  Power  and 
Authority  to  examine  Pilots  touching  their  Qualification,    and  upon  their  Appro- 

X  X  bation, 

(a)  See  A'ils  1768,  Chap.  12,  Dcc.  1770,  Chap.  26,  for  amending  and  further  continuing  this 
Acl. 

(b)  Some  of  the  Commifiioners  altered,  by  Aft  Dec.  1770,  Chap.  26. 

(c)  The  3d  Sedicn,  for  taxing  Ve/fels,  altered,  by  Act  1768,  Chap.  12. 


Commiffioneri 
appointed. 


Comin'ninners  to 
exaininc  Pilots, 
and  crant  thsnti 
Cert  ficatu  to  ilie 
G  veinor,  whj 
miy  grant  th:ni  a 
WjifJUt, 


346 


jl.  D.    \j66. 

Ven.  on  them  for 
piloting  without 
a  Warrant. 


LAWS    of    North-Carolina. 


PrAvifo,  to  retain 
a  Certifiotc  in  4 


Pilots 
B.nd. 


to    £ive 


Their  Ftcs, 


Over  the  Bar. 


bation,  to  grant  them  a  Certificate  or  Certificates,  to  be  produced  to  the  Governor 
or  Commander  in  Chief  for  the  Time  being,  in  order  to  obtain  his  Warrant  to 
pilot  VefTels  in  all  or  any  of  the  refpeftive  Ports  aforefaid :  And  in  Cafe  any  Perfon 
fliall  pretend  to  pilot  or  take  Charge  of  any  Ship  or  Vefiel  without  having  pafTcd  an 
Examination  as  aforefaid,  and  obtained  a  Warrant  for  fo  doing,  and  alfo  given 
Bond,  in  Manner  as  is  hereafter  directed,  Ihall  forfeit  and  pay,  lor  each  and  every 
Offence,  the  Sum  of  Twenty  Pounds,  Proclamation  Money. 

V.  PROVIDED  never thelefs.  That  no  Perfon  fhall  be  fubject  to  the  faid 
Penalty,  who  fhall  obtain  a  Certificate  of  his  Qiialification  as  aforefaid,  within  Four 
Months  from  and  after  the  pafTing  of  this  Act. 

VI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Pilots  al- 
ready appointed,  or  that  fliall  be  hereafter  appointed,  fhall  give  Bond,  in  the  Sum 
of  One  Hundred  Pounds,  with  Two  good  Securities,  to  the  refpective  Commifli- 
oners  of  the  feveral  Ports  before-mentioned  in  which  they  fhall  act  as  Pilots,  con- 
ditioned for  the  true  and  faithful  Difcharge  of  their  Duty. 

VII.  AND  he  it  Ena5fed,  hy  the  Authority  aforefaid.  That  there  fhall  be  paid 
and  allowed  to  every  Pilot  who  Ihall  take  Charge  of  any  Ship  or  VefTel,  the  follow- 
ing Pilotage  i  that  is  to  fay, 

(d)  For  every  Ship  or  Veffel  from  the  Outfide  of  the  Bar  of  Occacock  into  Beacon 
Ijland  Road,  Two  Shillings,  Proclamation  Money,  per  Foot,  for  every  VelTel  that 
drav/s  Nine  Feet  V/ater,  or  lefs  •,  and  for  every  VelTel  that  draws  more  than  Nine, 
and  under  Ten  Feet  Water,  Two  Shillings  and  Six  Pence,  Proclamation  Mcney, 
per  Foot-,  and  for  every  Veflll  drawing  Ten  Feet,  and  upwards,  Three  Shillings 
per  Foot  •■,  and  that  the  faiiK  Sums  be  allowed  to  Pilots  for  Pilotage  outwards  as 
inwards. 


ToE.uh.  And  for  every  VelTel  from  Beacon  Ifland  Road,   that  draws  Six  Feet  -Water,    or 

lefs,  to  Bath  Town,  Thirty  Shillings,  Proclamation  Money  •,  and  for  every  VelTel 
that  drav^^s  above  Six  Feet  Water,  Six  Shillings,  Proclamation  Money,  per  Foot. 

To  E.ienton.  And  for  cvcry  VefTel  from  Beacon  Ifland  P.oad,    that  draws  Six  Feet  Water,    or 

lefs,  to  Edenton,  Three  Pounds,  Proclamation  Money  -,    and  for  every  Ycfftl  that 
draws  above  Six  Feet  Water,  Ten  Shillings,  Proclamation  Money,  per  Foot. 

ToNewbern.  And  fot  evcry  VefTel  from  Beacon  Ifland  Road,    that  draws  Six  Feet  Water,    or 

lefs,  to  Ne-zvhern,  Thirty  Six  Shillings,  Proclamation  Money  ;  and  for  every  VefTel 
drawing  above  Six  Feet  Water,  Seven  Shillings  ^^'r  Foot. 

Pilots  going  over  And  whcH  any  Vellel  whatfoever  fliall  be  bound  over  the  Bar  of  Occacock  afore- 
VcVd/  in"  Su  faid,  whether  fuch  VelTel  fhall  make  a  Signal  for  a  Pilot  or  not,  any  Pilot  who  fliall 
tied  .0  Half  Fees,  go  ovct  the  Bat  afortfaid  to  pilot  fuch  VefTel  into  Port,  and  offer  his  Service  for 
that  Purpole,  fhall  be  intitled,  although  the  Mailer  of  fuch  VefTel  fliall  refufe  to 
employ  him,  to  Half  the  Fees  which  he  would  have  been  intitled  to  if  he  had  taken 
Charge  of,  and  piloted  fuch  VefTel  over  the  Bar  aforefaid ;  and  the  Maflrer  fliall  be 
obliged  to  pay  the  fame  accordingly  :  And  any  Pilot  appointed  as  is  herein  before- 
mentioned,  who  fliall  demand  or  exaft  any  larger  Sums  of  Money  than  is  by  this 
Aft  direftcd  and  appointed,  fliall  forfeit  and  pay  Ten  Pounds  ;  provided  that  Suit 
lawful  Fees.  Is  bvought  or  profccutcd  within  One  Year  after  fuch  Demand  or  Exaftion  made, 
and  not  afterwards. 


Pen. 

taUii 


n  tnem  for 
more  than 


ciicaor  to  jrive        VIII.     AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  each  of  the 
Security,  orCum-    f^^j  Colkdors  hctein  appointed  for  the  feveral  Ports  aforefaid  fliall,  before  he  enters 

on 


(cl)  'Thz  Pilotage  for  thofc  Pilots  that  have  decked  Boats,  altered,  by  Aft  Dec.  1770,  Chap.  26. 


L    A   I'/  S      of     N  O  X  T  H  -  C  A  R  O  L  I  N  A. 


^7 


app-ini 
C<:iv;.r3. 


inay 
let  \U. 


on  the  faid  Oftice,  give  Security,  in  the  Sum  of  Three  Hundred  Pounds,    to  the   ^.  D.   17C6. 

Commiirioners  herein  appointed  ibr  each  of  the  faid  Ports  refpedtively,  for  the  due 

Performance  of  the  Truil  repofed  in  him,  and  for  his  accounting  with,  and  paying 

to  the  faid  Commifiloners,  as  often  as  required,  all  fuch  Sum  or  Sums  of  Money  as 

fhall  be,  from  Time  to  Time,  by  him  received  ;  and  if  either  of  the  faid  Colieftors 

fliall  refufe  to  give  fuch  Security,  it  is  hereby  Enafted,  That  the  faid  Commifiionei-3 

of  that  Port  fhall  and  may  appoint  another  Receiver  or  Receivers  in  his  or  their 

Place  and  Stead,  who  fhall  have  full  Power  and  Authority  to  receive  the  faid  Tax^ 

riving  fuch  Security  to  the  Commiffioners  of  the  Port  where  he  is  fo  appointed. 

IX.  AND  he  ii  further  Enaaed^  by  the  Authority  af ore/aid^  That  each  Receiver  Rpceu-rs  Pow-r 
fhall,    in  his  Port,    have  full  Power  and  Authority  to  go  on  Board  any  VelTel,  in  ">  meafuit  v.f. 
order   to  meafure  and  afcertain  the  Burthen  of  fuch  Veflcl  -,  and  fliall  likewife  have  '^'''' 
Power  and  Authority  to  examine,  on  Oath,  the  Matter  of  any  Veffel  for  that  Pur- 

pofe. 

X.  AND  he  it  further  Ena^hd,  ly  the  Authcrity  aforefnid.  That  from  and  after 
the  paffing  of  this  Act,  no  Collector  of  either  of  the  faid  Ports  fhall  clear  out  any 
VelTel  till  the  Mailer  lliall  have  produced  to  him  a  Certificate  from  the  Receiver  of 
the  faid  TaXj  of  his  having  paid  the  lame,  under  the  Penalty  of  Twenty  Pounds, 

XI.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  the  Expence  of  E<penc«  of  Uea- 
fetting  up  Beacons  at  Occacock^  Beacon  Ifland,  and  Core  Banks^  and  the  flaking  out  c""''^nd  staking, 
the  Swatch,  fliall  be  difcharged  by  the  Commiffioners  hereby  appointed  for  the  fe-  "''f"'^" 
vcral  Ports,    in  the  Proportion  following,    that  is  to  fay  :    The  CommiiTi oners  for 

Port  Roanoke  Ihall  pay  Two  Fifths  of  the  faid  Charge  and  Expence  ;  and  the  Com- 
miffioners for  the  Port  of  Bath,  and  for  the  Port  of  Beaufort,  fhall  pay  the  other 
Three  Fifths  of  the  faid  Charge  and  Expence  out  of  the  Monies  by  them  received, 
in  Proportion  to  the  Sums  received  in  the  faid  Ports  of  Bath  and  Beaufort;  and  the 
Expence  of  flaking  out  the  other  Channels  leading  to  each  of  the  faid  Ports,  fliall  be 
feverally  paid  by  the  Commiffioners  of  each  refpedive  Port  to  which  the  faid  Chan- 
nels lead. 


Cnlle^nr  not  'o 
clear  VefTJs,  tijl 
Ct-rtificafe  of  the 
Tax  paid. 


Connmifiioneri 
kept  lip. 


Pen.  fur  throwing 
Bailed  cvei  board, 
or  dcllroyingBia" 


XII.  AND  be  it  further  Enacled,  by  the  Authority  afcrcfaid.  That  tpon  the  Deatli, 
Removal,  or  Refufal  of  any  of  the  faid  Commiffioners  or  Receivers  to  act,  the  re- 
maining Commiffioners  of  each  refpective  Port,  fhall  and  may  choofe  and  appoint 
another  Commiffioneror  Receiver  in  the  laid  Port,  in  the  Room  of  fuch  Commiffi- 
oner  or  Receiver  fo  dying,  removing,  or  ref ufing  to  Act. 

XIII.  AND  he  it  further  EnaBed,  That  no  Mafler,  or  other  Perfon,  belonging 
to  any  VelTel  trading  to  this  Government,  fhall  call  or  throw  overboard,  into  any 
Channel  or  River  within  this  Province,  any  Stones,  or  other  Ballaft  whatfoever ;  or 
any  Oyfters,  or  Oyfter  Shells,  under  the  Penalty  of  One  Hundred  Pounds,  for  every 
fuch  Offence  :  And  if  any  Perfon  or  Perfons  lliall  willfully  pull  down,  remove,  or 
dcllroy  any  Beacon,  Stake,  or  other  Mark  ereded  or  placed  in  Virtue  of  this  A(5t, 
he  or  they  fhall,  for  every  fuch  Offence,  forfeit  and  pay  Fifty  Pounds. 

XIV.  AND  he  it  further  Enacled,  That  the  faid  Commiffioners,  as  often  as  they  Comm'ciontrs  to 
are  required,  fliall  account  with  the  General  AfTembly  for  fuch  Money  as  ffiall  be  by  AirTbi"''*"  '^° 
them,  from  Time  to  Time,  refpectively  received  ;  and  (hall  have  fuch  Allowance  for  '  "'^  ^' 
their  Expences  aduaily  dilburfed,  as  fhall  appear  reafonable. 

XV.  AND  be  it  further  Enacted,  by  the  Authcrity  aforefaid.  That  it  fliall  and  corr^miffi.ner,  to 
may  be  lawful  for  the  Commiffioners  hereby  appointed  for  Port  Beth,  and  Port  Beau-  "''"'''  '*""  '''''"••" 
fort,  to  demand  and  receive  from  the  Receiver  or  Receivers  of  the  Duty  on  the  Ton-  '"  ""  '^  *"'  '^" 
nage  of  Veffels,  all  fuch  Sum  or  Sums  of  Money  as  fliall,  at  the  Time  of  pafling 
this  A<51,  be  in  his  or  their  Hands,  arifing  from  the  faid  Duty  ;  and  for  them  to  ap- 

X  X  2 


and 

have    their    Ex- 
pcoces  paid. 


thi.i  Aft, 
menJine  ;ii 
vij-.atiuii. 


Na. 


348  LAWS     of    North-Carolina. 

A.  D.   1766.    ply  the  fame  towards  amending  and  improving  the  Navigation  of  the  faid  Ports,  in 
^^""•y-'^     fuch  Manner  as  to  them  fhall  feem  neceflary  and  convenient. 

comtninioners  to        XVI.     AND  be  it  further  Ena5feL  That  the  Commiffioners  appointed  by  this 

denunJ     or     the        ai-iz-t-.  i\  /•  i  1  i-i  \    •  1  1  jrii 

late   commifiio-    Aft  lor  Pott  Bcaufort^  are  hereby  authorized  and  mipowered,  to  demand  ot  the  late 

ncrs  wiut  Monifs    Commiffionets,  the  Survivors  or  Survivor  of  them,  an  Account  of  the  Monies  re- 

H^.iids.  ceived  by  them  or  him,  by  Virtue  of  his  or  their  Office  -,  and  alfo,  of  all  Monies  paid 

for  the  Services  exprelfed  in  the  before  recited  Aft  -,  and  if  there  lliould  be  any  Bal- 

lance  remaining  in  their  or  his  Hands,  to  pay  the  fam.e  to  the  Com.mifiloners  herein 

appointed;  under  the  Penalty  of  One  Hundred  Pounds,  Proclamation  Money;    to 

be  recovered  by  Aftion  of  Debt  in  the  Superior  Court  of  the  Diftrift  of  Ns'wbern, 

by  the  Commiflloners  herein  named,  and  applied  towards  the  Purpofes  of  this  Aft ; 

Ana 'ofctt'c  with    and  the  Commiflloners  herein  appointed  are  authorized  and  impoweredto  fettle  with, 

^^Mlnlti^TiZ]    and  fliall  pay  any  Ballance  that  may  appear  to  be  due  to  the  former  Commiffioners, 

I":  due.  or  any  of  them.,  for  any  Sums  by  them  advanced. 

fines  how  reco-  XVII.  AND  he  it  further  EnaSfed^  hy  the  Authority  aforefaid.  That  each  and 
sppK  gygj-y  Fine  impofed  by  this  Aftfhall  be  recovered  by  Aftion  of  Debt,  in  any  Court 
of  Record  in  this  Province,  having  Cognizance  thereof;  one  Half  to  the  Perfon 
fuing  for  the  fame,  the  other  Half  to  the  Commiflloners  where  the  Oifence  fliall 
be  committed  j  to  be  by  them  applied  towards  the  Staking  out  the  Channels  as 
aforefaid, 

Hrlt'oco  ''k  XVIII.  AND  whereas  the  Pilots  that  attend  Occaccck  Bar,  have  petitioned  this 
f.  r  the  ufe  of  Afl^cmbly  to  have  Privilege  to  build  Houfes  and  haul  up  their  Boats  on  the  Ifland  of 
•"''"''•  Occacock,  and  the  Land  formerly  afilgned  for  that  Purpofe  being  waflitd  away,  and 

Difputes  and  Controverfiies  concerning  the  Right  of  the  Pilots  to  fettle  on  faid  Ifland 
have  arifen  ;  Be  it  therefore  Ena£fed,  by  the  Authority  oforefaid^  That  any  Three  or 
more  Commiflloners  appointed  by  this  Aft,  fliall  attend  at  Occacock  Illand  within  Six 
Months  after  the  pafllng  of  this  Aft,  and  lay  off  Twenty  Acres  of  Land  in  the 
mofl;  proper  Part  of  that  Ifland,  and  value  the  fame  on  Oath,  and  pay  the  Valuation 
Money  to  the  prefent  Owners  of  Occacock  Ifland,  and  take  a  Deed  of  Conveyance  for 
the  faid  Twenty  Acres  of  Land,  to  be  veiled  in  the  Commiflloners  for  the  Naviga- 
tion, and  for  \}^^  Benefit  of  the  Public,  to  allot  and  lay  off  a  Part  to  every  Branch 
Pilot  who  may  hereafter  attend  to  pilot  and  conduft  Veffels  into  Occacock  Inlet,  by 
a  Leafe  fdr  fuch  Lot  as  is  affigned  him,  during  the  Term  of  his  Refidence,  and  no 
longer  :  And  the  Commiffioners,  or  the  Majority  of  them,  may  remove  any  Pilot, 
difqualified,  from  any  Lot  or  Houfe  they  ereft  on  the  Ground  leafed  to  fuch  Pilot, 
and  leaie  the  fame  to  other  Pilots.  And  for  defraying  the  Expence  of  purchafing 
ho.v  faid  Lands,  'and  Commiffioners  Expence,  the  feveral  Ports  of  Roanoke^  Bathy  and 
'""'■  Beaufort,  rtiall  pay  their  refpeftive  Quotas,  as  in  other  Matters  is  dircfted  ;  and  the 

faid  Twenty  Acres  of  Land  fo  laid  out  by  the  Commiflloners,  is  hereby  declared 
I  to  be  invefl:ed  in  the  Commiffioners  for  the  Time  being,  in  Fee- Simple,  to  and  for 

the  Ufes,  Intents,  and  Purpofes,  before  mentioned. 

^'<'c'°ou° ''n.'j^        XIX.     PROVIDED  nevcrthelefs.  That  no  Pilot,  by  Virtue  of  this  Aft,   fiiall 
Lmi  keep  running  at  large  any  Cattle,    or  maintain  any  live  Stock,   of  any  Kind,  en  the 

faid  Ifland  of  Occacock,  to  the  Prejudice  of  the  prefent  Proprietors ;  and  all  fuch  Cat- 
tle or  other  Stock  owned  by  the  faid  Pilots  on  the  faid  Ifland,  are  hereby  declared 
to  be  forfeited  to  the  prefent  Proprietors,  their  Fleirs  or  Afilgns,  forever. 

c.mnv.Tonen        ^-^      AND  whcrcas  the  Navigation  of  Old  Topfail  Inlet,  and  ol  Core-Sound^ 

firC''i"^'Uui-dj  o  -L  J  '  ^         , 

ai>point.d.  may  be  greatly  facilitated  for  the  Benefit  of  the  l  rade  of  feveral  Parts  of  this  Pro- 

vince ;  Be  it  therefore  Enameled,  by  the  Authority  aforefaid,  That  JVilliam  Cole,  John 
Eafon,  and  Robert  Read,  of  Carteret  County,  be,  and  are  hereby  app<;inteii  Ccni- 
miflioners  for  the  Navigation  of  Old-Topf ail Inkt ;  and  from  faid  Inlet  through  Core- 
i^af'nsV.vfflj;'^    6V.W-/to  Harbour-Ifuind;  and  are  hereby  authorifed  to  contraft  with  proper  Peiilni'i 
.agihccha;u:h,   to  cteft  onc  or  more  Beacon  or  Beacons,  for  Old'^I'opfail  Inlet;  and  for  flraking  out 
'^•'  the 


Expence   cf  ptir- 


LAWS    of    North-Carolina. 


349 


the  Channel  from  faid  Inlet,  through  Core- Sound,  to  HarboHr-If.and;  and  from  Time    ^.  D. 
to  Time,  to  keep  the  fame  in  Repair,  as  Need  may  require. 


766. 


T.xhld  en  V.f- 
fcls. 


XXI.  AND  for  defraying  the  Expence  of  eredling  one  or  more  Beacon  or 
Beacons,  and  flaking  the  Channel  aforefaid,  and  keeping  the  fame  in  Repair;  Beit 
further  Enabled,  by  the  Authority  aforefaid^  That  the  Ibllowing  Taxes  fhall  be  paid 
by  the  Mafter  or  Owner  of  each  Veilel,  of  the  Tonage  and  Draught  of  Water 
hereafter  mentioned,  coming  in  at  O'.d-Topfail  Inlet,  or  going  either  Way,  through 
Core-Soimd,  froiii  Harhotir-Ijland  to  Harkerh-Ijlandy  or  further  ;  tiiat  is  to  lay, 

All  Veflels  of  Thirty,  or  under  Fifty  Tons,  coming  in  at  Old-Topfail  Inlet,  fhall    O'^oiJTopf.a. 
pay  Ten  Shillings,  Proclamation  IMoney. 

Every  Veff^l  of  Fifty,  and  under  One  Hundred  Tons  Burthen,  or  upwards,  com- 
ing in  as  aforelaid,  lliaii  pay  l~wenty  Shillings,  like  Money. 

And  every  Craft  or  VelTel  going  either  Way  through  Core-Sound,  to  or  from  ILir-    Through    Ccte* 
hour-Jjhndio  Harker"s-TJlan\  or  further  j  and  drawing  Three,  and  under  Four  Feet    ^'"'"'^' 
Water,  fliall  pay  Four  Shillings. 

Every  Craft  or  VeiTel  drawing  Four,  and  under  Five  Feet  Water,  fhall  pay  Six 
Shillinss  and  Eight  Pence. 


And  every  Craft  or  VeiTel  drawing  Five  Feet  Water,  and  upwards,  fnall  pay  Ten 
Shillings,  Proclamation  Money. 

XXII.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  Com  -  commifii.nen  to 
milTioners,  or  their  SuccefTors,  fhall,  from  Time  to  Time,  as  they  feem  meet,  ap-  ai'pointi'-"'-'vers. 
point  Two  R?ce>jrs  of  the  aforefaid  Taxes ;  and  take  fuificient  Bond  and  Security 
of  x\\tm,  for  the  faithful  Dilcharge  of  their  Trail  \  one  Receiv.T  relldino-in  or  near 
t!ie  Town  of  Bca-fort,  and  the  otlier  on  iraiz  convenient  Part  of  Core-Sound:  And 
the  faid  Receivers,  or  Commiflloners  themiclves,  are  hereby  impowered  to  flop  or 
retain  any  VefTel  or  VelTcls  coming  in  at  Old-'Topfail  Inlet,  or  going  through  Core- 
Sound,  until  the  Mafter  or  Owner  of  the  fime  fliall  pay  the  above  rated  Taxes  :  And 
in  Cafe  the  Mafter  or  Owner  of  any  Veilel  or  Craft,  fhall  endeavour  to  efcape,  and 
evade  Payment  of  the  above-mentioned  Tax,  the  Conin^iiTioners  or  Receivers  may  through  o 
purfue  fuch  Veftels,  and  put  Men  on  Eoard  of  them,  and  charge  the  Expence  to  the  oirxopfni!  m 
Mafter  or  Owner  of  iuch  VeiTel ;  who  Ihad  be  obiigtd  to  pay  the  fame.  the  Tax  paid'. 


An! 


may 


ftnp 

More- 
over 


XXIII.  ANT)  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  VefTel 
fhiU  efcape,  or  go  out  at  the  Inlet,  or  pafs  through  Core-Sound,  without  payino-  the 
aforementioned  Tax,  that  the  Mafter  or  Owner  of  fuch  Craft  or  VefTel  ihall  forfeit 
and  p'\y  Twenty  Pounds,  Proclamation  Money;  to  he  recovered  at  tlie  Suit  of  the 
CommilTioners,  with  Cofts,  in  any  Court  of  Record  in  this  Province  ;  the  one  Third 
to  be  paid  to  the  Informer,  and  the  other  Tv/o  Thirds  to  be  applied,  with  the  Tax, 
lor  the  Improvement  of  tlie  Navigation. 

XXIV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  this  Tax 
(hall  not  effe»51:  the  Inhabitants  oi Core-Sound,  Jiving  between  Harboi.r-Ifand  auABcau- 
fort,  at  the  firft  tranfpoiting  of  their  Naval  Stores,  or  any  Produce  of  their  Planta- 
tiGn>--,  to  Market. 


Pen.  on  \fa(ler3 
rf  VciTels  n't 
p.iyiiig   ihe    lit.. 


Not  to  efF=a  the 
Hlantcrs,  carryirrj 
their  Produce  to 
Market. 


Cartprct    County 
kept  up. 


XXV.     AND  be  it  further  Enabled,  That  in  Cafe  of  the  Death,  Refufal  to  a6l,    Nu'ii^erofcom, 
or  Removal  of  any  of  the  above  named  Commifiioners  out  of  Carteret  County,  the    '""^'  "'"   '" 
remaining  CommifTioneror  Commiflloners  fliall,  from  Time  to  Time,  choofe  another 
Comminioner  or  CommilTioners,  in  the  Room  and  Stead  of  him  or  them  fo  dyinp- 
refufmg  to  a'fl,  or  removing;  who  fhall  he  vefted  v/ith  the  fame  Powers  and  Autho- 
rities, as  if  he  had  been  exprefsly  named  in  and  by  this  Acl. 

XXVI.     AND 


35^ 


L  A  IV  S     of    North  -  C  a  r  o  l  i  n  a. 


A.  D.    1766. 

C  .Mr.rriifTi  incrs  to 
g.ve   Q.ni. 


XXVI.  AND  he  it  further  Ena5fed,  hy  the  Authority  aforefaid.  That  the  afore- 
faid  Commiflloners  (hall  give  Bond  of  Three  Hundred  Pounds,  Proclaniation  Mo- 
ney, to  the  Governor  or  Commander  in  Chief  for  the  Time  being,  for  the  faithful 
Difcharge  of  their  Trull,  and  proper  Application  of  the  faid  Taxes,  according  to  the 
Intention  of  this  Aft  ;  and  the  faid  Bond  to  be  renewed  as  often  as  a  new  Commif- 
fioner  is  chofen,  and  acknowledged  in  the  Inferior  Court  of  Carteret  County  ;  and  to 
be  there  lodged  in  the  Clerk's  Oflice. 


Powder    Money        XXVII.     AND  whcteas  there  is  fome  Powdef-Money,    formerly  received  of 

'ejjpikX  '  ."    '    VefTcls  that  have  come   in  at  Old-Topjail  Inlet,  ftill  remaining  unapplied,  in   the 

Hands  of  Robert  Read;  Be  it  further  Ena5fed,  That  the  faid  Commiflioncrs  {or  Old- 

'TopfaillnltU  and  Core-Sound,  are  hereby  impowered  to  fue  for,  recover,  and  receive 

the  fame  ;  to  be  applied  for  facilitating  and  improving  the  aforefaid  Navigation. 

M  F-'rtthn'itTn*  XXVIII.  AND  whcrcas  the  Fee  allowed  to  the  Captain  of  Fort  Johnfton,  from 
fr  "f  RM  'of  all  Mafters  of  Veflels  comihg  into  the  River  of  Cape-Fear,  is  found,  from  Experi- 
ence, not  to  be  adequate  to  the  Services  he  is  obliged  to  perform ;  Be  it  therefore 
further  Enailed^  hy  the  Authority  aforefaid.  That  from  and  after  the  pafTing  of  this  AcfV, 
the  Captain  of  the  faid  Fort  fhall  and  may  have  and  receive,  from  the  Mafler  of 
every  VefTel  coming  into  the  faid  River  of  Cape-Fear,  the  Sum  of  Ten  Shillings, 
Proclamation  Money,  for  adminiltering  the  Oath  prefcribed  by  Law,  and  figning  a 
Bill  of  Health  ;  any  Law  to  the  contrary  notv/ithllanding. 


Hilth. 


Cintinu.ince 

the  Aa. 


.  XXIX.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  tliis  A6b 
fiiall  continue  and  be  in  Force,  for  and  during  the  Term  of  Five  Years,  and  from 
thence  to  the  End  of  the  next  SefTion  of  Afiembly,  and  no  longer. 


C   HAP.     IX, 


Preamble. 


M-irrlages  by  DiT- 
lenting      Citrgy- 


valid. 


dfchrcd 


Pen.  for  marrying 
without  publiHi- 
ing  Binns,  or  Li- 
cence. 


An  Act  to  aracnd  an  Act,  intituled.  An  Aft  concerning  Marriages. 

HERE  AS  by  an  Aft,  intituled.  An  Act  concerning  Marriages,  it  is  En- 
afted,  That  no  Minifter,  or  Juftice  of  the  Peace,  Ihall  celebrate  the  Rites 
of  Matrimony  between  any  Perfons,  or  join  them  together  as  Man  and  Wife,  with- 
out Licence,  or  Certificate  of  Publication,  as  m.entioned  in  the  faid  Aft:  And 
whereas  the  Prefbyterian,  or  difTenting  Clergy,  conceiving  themfelves  not  included  in 
the  Reftiiftion  of  Minifters  mentioned  in  that  Aft,  have  joined  many  Perfons  toge- 
ther in  Holy  Matrimony,  without  either  Licence  or  Publication  •,  whereby  the  Pay- 
ment of  the  juft  and  legal  Fees  to  the  Governor  on  fuch  Occafions,  has  been  eludcdy 
and  the  Validity  of  Marriages  may  be  endangered  : 

II.  BE  it  Enacted  hy  the  Governor,  Council,  and /ffemhly,  and  hy  the  Authority  of 
the  fame.  That  all  Marriages  that  have  been,  or  fliall  be  folemnized,  before  the  Firft 
Day  of  January  next,  by  any  of  the  Diflenting  or  Prefbyterian  Clergy,  in  their  ac~ 
cuftomed  Manner,  fhall  be,  and  are  hereby  declared  to  be  as  valid,  legal,  and  effec- 
tual, to  all  Intents  and  Purpofes,  as  if  performed  by  any  Minifter  of  the  Church  of 
England,  under  a  Licence  taken  and  granted  according  to  the  Direftions  of  the 
afoVefaid  Aft. 

III.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  from  and  after 
the  Firft  Day  of  January  next,  no  Minifter  of  the  Church  of  England,  or  any  Juftice 
of  the  Pence  wifhin  this  Province,  fhall,  under  the  Penalty  of  Fifty  Pounds,  Procla- 
mation Money,  for  every  Violation  of  this  Aft,  perform,  celebrate,  or  folemnize 
any  Marriage,  or  the  Rites  of  Matrimony,  between  any  Perfons  whatfoever,  or  join 
them  together  as  Man  and  Wife,  without  Certificate  of  thrice  Publicadon  of  the 
Banns,  according  to  the  Direftions  of  the  faid  Aft  ;  or  Licence  firft  had  and  obtain- 
ed, under  the  Hand  and  Seal  of  the  Governor  or  Commander  in  Chief  for  the  Time 

beinir. 


L  A  JV  S    of    North -Carolina. 


Z5^ 


being  -,  who  is  hereby  authorized  to  grant  the  fame,  on  Certificate  from  the  Clerk  of 
the  County  Court,  of  his  having  taken  and  filed  in  his  Office,  the  ufual  Bond,  in 
the  Penalty  of  Fifty  Pounds,  Proclamation  Money  ;  with  Condition,  that  there  is 
no  lawful  Caufe  to  obftruct  the  Marriage  for  which  fuch  Licence  is  dcfiied.     (a) 

V.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  the  Governor 
or  Commander  in  Chief  for  the  Time  being,  for  each  Licence  of  Marriage  granted 
as  aforefaid,  fliall  be  mticleJ  to  take  and  receive  Twenty  Shillings,  Proclamation 
Money.     . 

VI,  AND  he  it  further  EnaEled^  by  the  Authority  aforefaid^  That  all  and  every 
Certificate  or  Certificates  to  the  Governor  or  Commander  in  Chief,  for  obtainino- 
Licence  as  aforefaid,  and  Bonds  aforciaid,  fliall  be  iisade  ar.d  taken  by  the  Clerk  of 
that  County  in  which  the  Feme  refides ;  and  fuch  Clerk  is  hereby  direfted  to  make 
fuch  Certificate  under  the  Reftriiftion,  in  Relation  to  Perlbns  under  Age,  as  menti- 
oned in  the  aforefaid  Aft ;  for  which  faid  Service  of  taking  the  Bonds,   and  n-ivino- 


A.  D.    17(6. 


T;e  to  till 
vernur  foi 
cence. 


Go- 


fuch  Certificates,  faid  Clerk  is  hereby  auchorized  to  take  and  receive  Five  Shillings, 

Proclamation  Money,    and  no  more :  And  if  any  Clerk  fhall  alk  or  demand  any 

irger  Sum  for  filling  up  the  Licence,  and  other  Services  by  him  to  be  done,  by 

''irtue  of  this  Aft  as  aforefaid,  he  fliall,  tor  every  Oflence,  forfeit  and  pay  the  Sum 


ly  '-iciiv  mail  aiK  or  oemano  any 
lar< 

Virtue  01  ttus  J\ci  as  aiorciiiiu,  iic  juiiii,  lui  cveiy  wiicnce,  lorieit  ancl  pay 
of  Forty  Siiillings,    Proclamation   Money  ;  to  be  recovered  by  a  Warrant  from  a 
Jufl:ice  of  the  Peace  ;  to  the  Ufe  of  the  Party  grieved. 


Licence  to  b;  i  b- 
t  lined  in  the 
County  v.lure  tl»e 
Feme  lelidcs. 


Clerk's  Fee,  :ind 
Pen.  fir  taking 
greater  Fees. 


Prefintcrjan  Cler- 
gy to  celebrate 
the  Rites  of  Ma- 
tiimony, 


VII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  irom  and  after 
the  Firft  Day  of  January  next,  it  Ihail  and  may  be  lawful  for  any  Prefbyterian  Mi- 
niflier,  regularly  called  to  any  Congregation  in  this  Province,  to  celebrate  the  Rites 
ot  Matrimony  between  Perlons,  and  join  them  together  as  Man  and  Wife,  in  their 
ufual  and  accuflromed  Manner  ^  under  the  fame  Regulations  and  Refl:riftions,  as  any 
lawtul  Magiftrate  in  this  Province  might  celebrate  and  folemnize  the  fame. 

VIII.  PRO  FID  ED  always.  That  all  fuch  Marriages  fo  folemnized  by  any  By  Dcnce,  33 
Prefbyterian  Minifter  as  aforefaid,  fliall  be  under  a  Licence,  firfl:  had  and  obtained  '^''  ^^  dircfls. 
from  the  Governor,  or  Commander  in  Chief  for  the  Time  being,  or  by  Licence  in 

fuch  Manner  as  direfted  by  this  Aft  ;  and  that  all  Marriages  iolemnized  as  afore- 
faid, without  fuch  Licence  firit  had,  Ihall  be,  and  are  hereby  declared  ille^-al  and 
void. 


IX.  AND  be  it  further  Enarted,  That  any  Prefbyterian  Minifter,  folemnizing 
the  Rites  of  Matrimony  as  aforefaid,  without  fuch  Licence  fiiit  had,  fliall,  for  every 
fuch  Offence,  forfeit  and  pay  the  Sum  of  Fifty  Pounds. 

X.  PROVIDED  alirays.  That  the  Minifl;er  of  the  Church  o{  England,  ferv- 
ing  the  Cure  of  any  Parifli,  fliall  have  the  Benefit  of  the  Fee  for  all  Marriages  in 
the  faid  Parifli,  if  he  do  not  refufe  to  do  the  Service  thereof,  although  any  other 
Perfon  peribrmed  the  Marriage  Ceremony. 


Pen.   for   marry, 
inj;  othcrwile. 


M!n-ftcr  rf  the 
VifAh  ta  have  the 
Frc,  if  he  don't 
refufe  to  ptiforia 
the  Service, 


i  the 
of  the  Gove:  no 
Fies  on  Ucecccs, 


XI.  AND  for  compelling  the  Clerks  of  the  Inferior  Courts  to  account  with  Method  of  p.o. 
the  Governor,  or  Commander  in  Chief  ibr  the  Time  being,  for  any  Fees  that  may  ^"''^"g  ag^'nt 
be  received  by  Virtue  of  this,  or  any  other  Aft  of  Afl^embly  ;  Be  it  further  Ena^ed,  peiT'the 'A/mTn; 
by  the  Authority  aforefaid.  That  when  Motion  fhall  be  hereafter  made  againfl:  any 
Clerk  for  Fees,  which  fuch  Clerk  ought  to  be  accountable  for,  to  the  Governor  or 
Commander  in  Chief,  the  Sum  fuppoled  to  be  due  fliall  be  fpecifted  in  the  Notice 
ferved  on  iuch  Clerk,  at  leafl;  Ten  Days  before  fuch  Motion ;  who,  on  appearino- 
thereto,  fhall  render  an  Account,  on  Oath,  lor  all  Iuch  Monies  as  he  hath,  or  ouo-h't 
to  have  received,  for  fuch  Governor  or  Commander  in  Chief,  and  pay  tiie  fame  ; 
and  on  Failure  fo  to  do,  the  Court  fliall  give  Judgment  for  the  whole  Sum  men- 
tioned in  fuch  Notice,  and  award  Execution  thereon. 

XII.     AND 

(a)  Tiie  4th  Claufe  repealed,  and  provided  for,  by  Ad  Dec.  1770,  Chap.  28. 


352  LAWS    of    North-Carolina. 

1766.  XII.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  the  feveral 
Fines  and  Forfeitures  by  this  Adl  inflided,  for  which  no  Method  of  Recovery  or 
Application  is  herein  before  direfted,  fliall  and  may  be  recovered  by  Adtion  of 
Debt,  with  Cofts,  before  any  J urifdidlion  having  Cognizance  thereof ;  one  Half  to 
the  Ufe  of  the  Profecutor,  and  the  other  Flalf  to  the  Farilh  wherein  fuch  Penalty 
fhall  be  incurred  j  to  be  applied  by  the  Churchwardens  towards  lefTening  the  Parifh 
Tax. 

R.-peaiingCbure.  XIII.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid^  That  fo  m-uch  of  the 
before  recited  A6t,  as  relates  to  the  granting  or  obtaining  a  Licence,  taking  the 
Bond,  or  making  Certificate,  contrary  to,  or  in  any  other  Manner  than  direfted  by 
this  Act,  fhall,  from  and  after  the  Firil  Day  of  January  next,  be  repealed,  and 
made  null  and  void. 


CHAP.     X. 

An  ASf  for  a  further  Allowance  of  Commifjions  to  Sheriffs,  and  ColleElors  of  Taxes,  and 
other  Purpofes  therein-mentioned,    (a) 

Rules  of  N^w-  V.  A  N  D  as  many  Doubts  and  Difputes  have  arifen  relative  to  the  Limits  of 
Bounds  afceruin"  jLA.  '■'"'^  Priion  Bounds  for  the  Gaol  of  New-Hanover  County,  Be  it  Enabled, 
"^-  ^         by  the  Authority  aforefaid.  That  the  Inferior  Court  for  the  County  oi  New-Hanover, 

to  be  held  next  after  the  pafiing  of  this  Aft,  fliall  nominate  and  appoint  Two  of 
the  Juftices  of  the  faid  Court,  who,  with  the  Sheriff  of  the  faid  County,  Ihall  fee 
the  Prifon  Bounds  run  off  agreeable  to  Law,  and  make  a  due  Return  thereof  to 
the  next  Inferior  Court ;  and  the  fame  fliali  be  recorded  in  the  Minutes  of  the  faid 
Court,  and  be  and  ftand  as  the  Rules  and  Limits  of  the  faid  Gaol ;  any  Law, 
Ufage,  or  Order,  to  the  contrary,  notwithftanding. 

C  H  A  P.     XI. 

An  A5i  to  lay  a  Tax  on  Pedlars,  and  other  iti?ierant  Traders,   coming  into  this  Pro- 
vince.    EXP. 

CHAP.     XII. 

Provi^cd^^f^T^  by  _^^  jc^  iQ  amend  an  A£i,  intituled.  An  Adi  to  prevent  the  Exportation  of  unmer^ 
Aft,  paffcd  Dc.  chantable  Commodities. 

1770,  Chap.  7, 

CHAP.     XIIL 

An  A5i  for  appointing  a  Printer  to  this  Province,     (b) 

Preamble.  I.  TTTHEREASitis  neccffary  that  a  Printer  be  appointed  to  print  the  Laws, 

y  Y     Journals,  and  other  Public  Bufinefs  of  this  Province: 

Printer  appomted  H.  Be  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Au- 
init""ihe"  Lawr,  thority  of  the  jayne.  That  James  Davis,  of  the  Town  of  Newbern,  be  appointed 
'"•  Printer  to  this  Province,  for  and  during  the  Term  of  Three  Years  from  and  after 

the  pafTing  of  this  Adl,  and  from  thence  to  the  End  of  the  next  SefFion  of  Affembly ; 
and  that  the  faid  James  Davis,  at  every  Seflion  of  Affembly,  print  the  Speeches, 
Addrefles,  and  Journals  thereof,  and  deliver  a  Copy  of  them  to  his  Excelltncy  the 
Governor,  and  to  each  Member  of  his  Majefty's  Council,  and  of  the  Affembly ; 
alfo  that  the  faid  James  Davis,  within  Three  Months  after  he  ftiall  have  received 

from 


(a)  This  Aft,  all  but  the  5th  Seftion,  repealed  by  the  Sherifis  Ad,   176S,  Chap.  6. 

(b)  This  AQ.  further  continued,  by  Aft  Dec.  1770,  Chap.  8. 


L  A  IV  S    of    North-Carolin 


A. 


>> 


from  the  Secretary  attefted  Copies  of  the  fevcral  Afts  of  Affembly  that  may  be  /^.  D.  1766. 
paflcd  at  every  Seffion,  print  and  tranlmit  one  Copy  of  them  to  his  Excellency  the  y-'^-y'"-^ 
Governor,  one  Copy  to  each  Member  of  his  Majeity's  Council,  one  Copy  to  every 
M:-mber  of  Aflembly,  one  Copy  to  the  Clerk  of  each  Houfe  of  Aiicmbly,  one 
Copy  to  the  Clerk  of  each  Superior  Court,  one  Copy  to  each  Clerk  of  the  Inferior 
Courts ;  and  one  Copy  to  each  and  every  Jullice  ot  the  Peace  in  every  County  in 
this  Province  i  and  aifb'a  Copy  of  the  Journals  of  the  Aflembly  to  the  Clerk  of 
each  Houfe. 

III.  AND  be  it  further  Ena5led^  by  the  Authority  aforefaid.  That  the  fiid  James  A<as  «ote  tranf- 
DaviSi    within  the  I1me  aforelaid,    tranfmit  the  Ads  of  Allembly  for  the  Icveral  ["i"^'^   ^''^^  *'^ 
Counties  to  the  feveral  Clerks  thereof;  and  that  if  tlie  Lid  Clerks,  or  any  ot  them,  to<f>i;«,  th.mto 
(hall  not  deliver  the  fame  when  demanded,  at  his  Office,  to  the  Perfons  intitled  to  '''^  >*'"'• 
them,  he  or  they  fo  oltcnding,  Iliall  lorfeit  and  pay  the  Sum  at  Ten  Pounds ;  to  be 
recovered  before  any  Court  of  Record  within  this  Province,  having  Cognizance  of 

the  fame  ;  one  H.ilf  to  the  Informer,  and  the  other  Half  to  the  f'oor  of  the  Parilli 
wh?re  the  Offence  Ihali  be  committed :     And  if  the  faid  James  Davis  ihall  fail  or    p>n.f„r^-^ttnr,^ 
negletft  to  tranfmit  any  of  the  Afts  of  Aflembly  as  atorefaid,  he  fliall,  for  each  Fai-    '^'"^"e  '^'^m  w 
lure  or  Negleft,^  forfeit  and  pay  the  Sum  of  Fiity  Pounds;    to  be  recovered  and    '^''^''"'"• 
applied  as  atbrefaid. 

IV.  AND  he  tt  further  Enaled,  by  the  Authority  aforefaid.  That  the  faid  James   p^im,,.,  Sa],ry, 
D'lvis,  for  and  in  Co/.fideration  oi  his  doing  and  paiorming  the  Services  aforelaid, 

be  allowed  and  paid  the  Sum  of  Two  Hundred  and  Fifty  Pounds  per  Annum ;  to  be 
paid  him  m  Half  Yearly  i-'ayments,  by  a  Warrant  from  his  Excellency  iheGover- 
iior,  directed  to  either  of  the  Public  Treafurers  of  this  Province. 

V.  ^IND  be  it  further  Emcfed^  by  the  Authority  afcrcfaid.  That  a  Tax  of  Four  t«  inij  rrpsy. 
Pence  be  laid  on  every  taxable  Pcrlon  within  this  Province,  for  and  during  the  Term  "'8  ""^  S'-'^'y* 
of  Three  Y'ear^,  for  paying  and  fitisfying  the  faid  Salary  to  the  faid  James  Davis^  '*'  ""' ''"'"^  °°* 
and  that  the  Overplus  thereof  be  paid  into  the  Public  Treafury,  to  be  applied  to 
and  for  the  Contingencies  of  Government ;  which  laid  T«x  Ihall  be  coUedted  by  the 
feveral  Sheriffs,  and  accounted  for  and  paid  in  the  fame  Manner,  and  unuer  the  fame 
Pains  and  Penalties,  as  other  Public  Taxes. 


j;:o^>tiiiCcUa 


C    HAP.     XIV. 

An  Ail  to  prevent  the  LihaUtants  of  South  Carolina  driving  their  Stocks  of  Cattle  from 
thence  to  range  and  feed  in  this  Province,  and  other  Purpofes. 

I.  T  T  7  H  E  R  E  A  S  of  late  Years  many  of  tlte  Inhabitants  of  South  CcroUna  have   FreamMs. 

Y Y  made  it  a  Pradlice  to  fix  Cowpens,  and  fettle  People  with  large  Stocks 
of  Cattle  (though  they  are  not  Owners  of  any  Land)  in  this  Province,  which  de- 
fliroys  the  Range,  and  greatly  injures  the  poor  Inhabitants  of  feveral  of  the  Counties 
bordering  on  South  Carolina : 

II.     B  E  it  therefore  Enacted,    by  the  Governor,  Council,  and  Afembly,    and  by  the    p.rfon,nofrnt,3. 
Authority  of  the  fa-Me,  That  from  and  after  the  palling  of  this  AA,    it  fhall  not  be    p/„\7,'^/^  '*).'^ 
lawful  tor  any  Perlbn,  who  is  not  an  Inhabitant  of  this  Province,  to  fix  any  Cowpen,    ^'l^ZTcmZZ 
or  fettle  or  range  any  Stock  or  Number  of  Cattle  in  this  Province;    nor  fliall  any    ijjs Si.cks ihe.c 
Inhabitant,  on  any  Account  whatever,  take  Charge  of,  or  receive  under  his  or  her 
Care  or  CuiT:ody,  in  order  to  range  or  raife  Stock,  any  Number  of  Cattle  belonging 
to  an  Inhabitant  of  any  other  Province,  or  wherein  a  Refident  of  any  other  Province 
hath  any  Siiare  or  Interefl,  unlefs  iuch  Owner  or  Keeper  fhall  be  legally  poflefl~ed, 
in  his  or  her  own  Right,  of  a  fufficient  Qiiantity  of  L^.nd  for  feeding'^the  faid  Cattle 
on,  allowing  One  Hundred  Acres  of  Land  for  every  Ten  Head  of  Cattle :    And 
that  the  Owner  or  Keeper  ot  fuch  Cattle  fiiall  record  in  the  Inferior  Court  of  the 
County  where  he  or  flie  intends  to  ran.n;e  Cattle,  the  Nun^ber  of  Acres  lie  or  flie  is 

Y  y  legally 


2^^  L  A  fV  S    of    North-Carolina. 


/!.  D.   1766.   legally  pofTefled  of,  and  whether  it  is  by  Patent,  Will,  Deed,  or  otherwife,  with 
^— "V"*-^     the  Date  of  fuch  Patent,  Will,  Deed,  or  other  Inftrument ;  and  on  any  Trial  for 
a  Breach  of  this  Law,  fuch  Record  Ihall  be  deemed  good  Evidence  againlt  the  Ow- 
ner or  Keeper  of  Cattle,  as  to  the  Number  of  Acres  fuch  Perfon  pofieffes  :  And  if 
Pen.  for  B"  each   any  Pcrfon  contrary  to  this  Ad  fliall  prefume  to  range,  or  keep  a  larger  Number  of 
/InSertfReco'!   fuch  Cattle  than  'I'en  Head  to  every  Hundred  Acres  of  Land  he,  flie,  or  they, 
*«y-  fhall  be  legally  poflcfTed  of  as  aforefaid,  and  fo  in  Proportion  •,    all  the  Cattle  ex- 

ceeding that  Proportion  ihall  be  forfeited  and  fold  by  the  Sheriff  of  the  County 
wherein  the  faid  Cattle  were  ranged  or  kept,  on  legal  Proof  made  to  the  Inferior 
Court  ol  the  fame  County,  by  any  Freeholder  thereof  j  the  faid  Freeholder  giving 
the  Owner  or  Keeper  of  the  faid  Cattle  Five  Days  previous  Notice,  that  at  the  next 
Inferiour  Court  to  be  held  for  the  faid  County,  he  intends  to  lodge  a  Complaint 
againfl:  fuch  Perfon,  for  ranging  or  keeping  a  greater  Number  of  Cattle  than  he  is 
by  Law  intitled  to  range  or  keep  in  the  faid  County  •,  and  on  Proof  of  Service  of 
the  faid  Notice  perfonally,  or  by  having  a  Copy  of  the  fam.e  left  at  the  Place  of 
fuch  Perfon's  Rtfidence,  the  faid  Inferior  Court  fhall,  without  Delay,  proceed  to 
hear  the  Complaint  in  a  fummary  Way,  without  the  Solemnity  of  a  Jury,  and  de- 
termine according  to  Evidence,  and  the  Right  of  the  Matter  before  them  :  And  if 
Judgment  pafs  for  the  Complainant,  the  Clerk  fhall  forthwith  iffue  an  Order  to  the 
Sheriff  for  the  Sale  of  all  fuch  Cattle,  agreeable  to  the  Judgment ;  which  Sheriff 
fhall,  without  Delay,  either  by  himfelf  or  Deputy,  execute  the  Command  of  the 
faid  Order,  and  return  the  Money  to  the  next  Court-,  one  Third  thereof  to  be  paid 
to  the  Complainant,  one  third  Part  thereof  to  be  paid  to  the  Churchwardens  of  the 
Parifh,  for  the  Ufe  of  the  Poor  (being  Parifliioners)  and  the  remaining  third  Part 
to  be  paid  to  the  former  Owner  of  the  Cattle,  if  called  for  within  Twelve  Months, 
otherwife  to  be  applied  towards  the  contingent  Charge  of  the  County. 

p.tfonj  having         III*     A N  T>  hc  it  furthcr  Enacted^  by  the  Authority  aforefaid^  That  any  Perfon  now 

the  Care    of  a    l^jj^jng  the  Carc  of  any  Stock  or  Number  of  Cattle,  the  Property  of  an  Inhabitant 

f,rc!uie  oTany    of  any  other  Province,  or  wherein  an  Inhabitant  of  any  other  Province  hath  any 

Aa' a'lhw "  "'to    Share  or  Interefl,  exceeding  Ten  Head  of  Cattle  to  every  Hundred  Acres  of  Land 

remove  the  Over-    fuch  Owncr  or  Ktcpcr  Ihall  be  pofTefTed  of  as  aforefaid,  the  Perfon  in  whofe  Care  the 

plus  Cittie.          |-^- J  Cattle  are,  fhall,  within  Six  Months  next  after  the  paffing  of  this  Ad,  remove, 

or  caufe  the  faid  Overplus  Cattle  to  be  removed  out  of  the  faid  County  i  under  the 

Penalty  of  forfeiting  the  fame,  by  Judgment  of  the  Inferior  Court  of  the  County  ; 

under  the  fame  Rules  and  Regulations  aforefaid. 

Drivers  of  Cattle  JV.  AND  whcrcas  much  Lofs  or  Damage  has  often  enfued  to  the  Inhabitants 
r.'m.'ringdift^r  of  this  Provincc,  from  diflempered  Cattle  being  drove  through  the  fame  ;  For  Re- 
pered  Cit.k.  fHcdy  whcreof,  Be  it  EnaEled^  by  the  AtUhority  aforefaid.  That  from  and  after  the 
pafTing  of  this  Ad,  no  Perfon  or  Perfons  whatever,  fliall  drive  any  Cattle  into  this 
Province,  or  from  one  County  to  another,  without  having  with  him  or  them  a  Certi- 
ficate or  Certificates,  under  the  Hand  and  Seal  of  a  Juftice  or  Juftices  of  the  Peace 
of  the  County  where  the  Cattle  were  feveraliy  and  refpedively  purchafed  or  brought-, 
fettino-  forth,  that  Oath  had  been  duly  made  by  the  refpedive  Owners,  that  fuch 
Cattle,  at  the  Time  of  the  Purchafe  or  Removal,  were  found,  and  free  from  any 
Diflemper  or  Infedion ;  and  that  no  Difttmper  or  Infedion  were  known  to  be 
among  Cattle  at  that  Time  within  Five  Miles  from  the  Place  whence  they  came; 
and  fhall  likewife  mention  the  Mark  and  Brands  of  the  faid  Cattle. 

Pen  for  driving  V.  yfiVD  ?V /V /ar/i't'T  £77i2^^i/,  That  cvcry  Perfon  ot  Pcrfons  who  fliall,  after 
c-"ifi«te''as  this  *^'^  pafTing  of  this  Ad,  drive  any  Cattle  into  this  Province,  or  from  one  County  to 
Aft'di'reas!'  another  within  the  fame,  without  fuch  Certificate  or  Certificates  as  aforefud,  fhall 
forfeit  and  pay,  for  every  Stter,  Bull,  Cow,  Calf,  or  Heifer,  refpedively,  for  which 
he  fhall  have  no  Certificate,  the  Sum  of  Forty  Shillings;  to  be  recovered  by  a 
Warrant  before  any  Juftice  of  the  Peace  of  the  Couty  where  fuch  Cattle  fhall  then 
be,  and  be  levied  on  the  Body,  Goods  and  Chattels  of  the  Delinquent  or  Delinquents, 
for  the  Ufe  of  the  County  :  And  every  Perfon  driving  Cattle  as  aforefaid,  is  hereby 

required 


L    A   PV  S      (?/■     N  O  R  T  H  -  C  A  R  O  L  I  N  A-  ^X.^ 


iicd. 


required  and  direded  to  produce  a  Certificate  or  Certificates  ar?  aforefaid,  at  the  Re-    d.  D,    1766. 

qued  of  any  Perlbn,   a  Ucfidenc  in  the  County  wherein  fuch  Cattle  are;  and  upon    ^ff^C^ji^ 

his  Refufal  io  to  do,   on  Complaint  thereof  made  to  any  Juftice  of  the  Peace  in  the   .;•  c  n? 

faid  County,    fuch  Juftice  is  hereby  impowered  and  diredcd,  to  ifiue  a  Warrant  to    "''' 

brino-  fuch  Drover  or  Drovers  before  him  ;  who,  for  every  llich  Refufa],  fliall  forfeit 

and  pay  the  Sum  of  Twenty  Shillings-,  and  till  the  fame  is  paid,  the  faid  Juftice 

fnall  commit  the  Offender  to  the  Gaol  of  the  County,  or  iffue  an  Execution  againft 

his  Goods  arid  Chattels,   as  fuch  Juftice  thinks  moft  expedient;  which  Forkuure 

iTiall  be  applied  to  the  Ufe  of  the  County,  and  accounted  for  at  the  next  Inienor 

Court. 

VI.     AND  it  is  hereby  further  Ena'?ed,  That  in  Cafe  any  Cattle  hereafter  (haW  be   ^Z^;,^'';^';^"^ 
fufpeaed  to  have  any  Diftcmp.r,  any  Two  Juftices  of  the  Peace,  and  one  Freeholder,    ^^^ZL^  (ot'^X 
are  hereby   impowered  and  directed,   to  enquire  into  the  lame;  and  on  due  Proof  ;"■'"«    't» 
thereof  made,  ihall  make  iuch  Order  therein,  as  may  bcft  tend  to  prevent  the  inl-cc-    • 
tion  fpreading. 


CHAP.     XV. 

Jn  A5i  to  amend  an  Act^  intituled.  An  A61  for  eftablifhing  a  Town  on  the  Land  for- 
merly granted  to  JFitliam  Cburtcn^  Gentleman,  lying  on  the  North  Siac  ot  the 
Enoe  River,  in  the  Cwunty  of  Orange. 

I.  TTTHEREAS  the  erefling   and  eftablifhipg  a  Town  in   the  County  of  p.ivnei 

YY  Orange,  has  been  found  lerviceable,  in  promoting  inlanJ  Trade  and  Com- 
merce jn  the  F/eJlern  Part  of  this  Province  :  And  whereas  the  Ad  01  Affembiy  pai- 
fed  at  Newbern,  in  the  Year  of  our  Lord  One  Lhouland  Seven  Hundicd  and  Fi^y- 
feven,  for  eftablifhing  the  fame,  is  found  to  ftand  in  Need  of  many  Alterations  and 
Amendments  : 

IL     B  E  it  therefore  Ena^ed,,  by  the  Governor,  Council,  and  AffemUy,  and  by  the   Hi'Kbnrough  e- 
Aiithority  of  the  fame.  That  the  Fcur  Hundred  Acres  of  Land  by  laid  Ad  conftitut-    ^^^''^• 
ed,  eretted,  and  eft.biifhed  a  Town,  and  Town  Common,  by  the  Name  of  CMry^ 
bari,  fiiall,  from  and  aficr  the  palling  Q>i  this  Ad,  be  kuown  and  called  by  the  Nun.e 
of  Hillfboroiigh. 

III.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  forever,  after   c  mfs.^-c.  toi.a 
the  paffiag  of  this  A6t,  the  Courts  of  the  County  ot  Orange,  the  Election  ot  Repre-   "'''''"  ^"''"* 
Jentatives,  and  the  Election  of  Veftrymen,  fliall  be  held  in  the  Town  o\  Hilljhorotigh-, 

and  at  no  other  Place :  Any  Law,  Ufage,  or  Cuftom,  to  the  contrary  notwith- 
ftanding. 

IV.  AND  be  it  further  EnaP.ed,  by  the  Authority  aforzfaid^  That  no  Suit,  Writ,  NoSmtto  .bite 
or  other  Procefs  that  is,  or  ftiall  be  made  returnable  to  the  next  Inferior  Court  of  ["h^  n !!■"' oi"  ii^e 
Pleas  and  Q^iarttr  ScfTions,  to  be  held  for  the  County  of  Orange,  after  the  paliing   I'cwa. 

of  this  Ad,  Ihall  be  abated  or  vacated  ;  or  any  B^^il  Bond,  Recognizance,  or  other 
Inftrumenc  of  V/riting,  become  void  or  invaiijdated  ;  but  the  fame  fnall  be  good, 
available,  and  effedual  in  Law,  to  every  Intent  and  Purpofe  whatfoever,  as  it  the 
Alteration  of  the  Name  of  the  laid  Town,  and  Town  Common,  had  never  been  made. 

V.  AND  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  fo  much  of  the   ^a  of  the  f.mi 
before  recited  Act  (except  as  hereafter  excepted)  Ihall  be,  and  is  hereby  oeclared  to   makinj  thu  Act. 
bj  of  the  Ua-  Porz'::,  ErL'd,  and  Validity,  in  Relation  to  the  laid  ToNvn  and  Town 
Common,  as  if  the  fame  had  originally  been  called  by  the  Name  of  liiUjlorough. 

VI.  AND  be  it  further  Ena^.ed,  by  the  Authority  aforefaid.  That  it  fcall  and  ,^; i;^",^'; ^""*: 
may  be  lawful  for  the  Treaiuier  of  the  laid  Town,  and  his  Succeflors  in  Ofilce,  for   wis. 

the  Confideration  oi  Twenty  Shillings,  Proclamation  Money,  to  make  an  Entry  of 

Y  y  2    .  any 


35^  I#^i^/^S(?/    North-Carolina. 

A.  D.  1766.  any  Lot  of  Land  therein  lying  vacant  or  unimproved  (except  thofe  Lots  referved  by 
*"'**^*''***^  the  aforefaid  A6t  of  Aflembly  to  William  Cburton^  Efq^  and  fuch  Spring  Lots  as 
the  Diredors  and  Truftces  of  the  faid  Town,  and  their  Succeffors,  (hall  think  fit 
and  convenient  to  be  referved  and  left  free  to  the  Inhabitants  of  the  faid  Town,  to 
be  fupplied  with  Water  •,  and  the  Lot  No.  I.  in  the  Plan  of  the  faid  Town,  which 
is  hereby  referved  for  the  Ufe  of  the  Public,  as  a  Place  for  Market- Houfe,  Court- 
Houfe,  Priibn,  Pillory  and  Stocks ;  and  alio,  fuch  Lots  as  fhall  or  may  be  thought 
neceffary,  to  be  referved  by  the  Diredlors  of  faid  Town,  and  their  Succeffors,  for 
ere£ting  thereon  a  Church  and  School  Houfe,  and  for  a  Church- Yard  :)  And  the  faid 
Directors  and  Truftces,  or  a  Majority  of  them,  fhall,  at  the  Expiration  of  Two 
Years  from  the  Date  of  making  the  Entry  with  the  Treafurer  as  aforefaid,  make 
and  execute  a  Deed  for  granting  the  fame,  to  the  Perfon  making  the  Entry,  his 
Heirs  and  Affigns,  for  ever,  at  the  Coils  and  Charges  of  the  Perfon  to  whom  the 
fame  fliall  be  conveyed  •,  he  paying,  over  and  above  the  Entry  Money,  Eight- 
Pence,  Proclamation  Money,  annually,  for  each  and  every  Lot  that  fhall  be  fo 
conveyed  ;  which  fhall  be  applied  by  the  faid  CommifTioners,  and  their  Succeffors, 
to  the  Payment  of  the  Quit-Rents  due,  or  hereafter  to  be  due  to  the  Earl  of  Gran- 
ville, his  Heirs  and  AfTigns ;  and  if  any  Overplus  be  remaining,  the  fame  fliall  be 
laid  out  for  the  Benefit  and  Improvement  of  the  faid  Town  ;  and  every  Perfon 
claiming  any  Lot  or  Lots  by  Virtue  of  any  fuch  Conveyance,  fhall  and  may  hold 
and  enjoy  the  fame,  in  Fee-Simple. 

Time  of  fiving        VII.     PROVID EB  7ieverthekfs,  That  all  and  every  Perfon  who  heretofore 
^^^•'"'  has,  or  hereafter  may  make  an  Entry  of  any  Lot  or  Lots  in  the  faid  Town,  fliall, 

within  Two  Years  next  after  the  Day  of  entering,  and  taking  up  of  the  fame,  erect, 
build,  and  finifh,  on  each  Lot  fo  entered,  one  Brick,  Stone,  of  framed  Eloufe,  at 
lead  Twenty  Feet  long.  Sixteen  Feet  wide,  and  Nine  Feet  Pitch  in  the  Clear,  with 
a  Brick  or  Scone  Chimney,  or  proportionable  to  fuch  Dimenfions,  if  fuch  Perfon 
fhall  have  Two  Lots  contiguous :  And  if  the  Owner  or  taker  up  of  any  Lot,  fliall 
fail  to  purfue  and  comply  with  the  Directions  in  this  Act  prefcribed,  for  building 
and  finifhing  a  Floule  thereon,  then  the  Property  of  fuch  Lot,  upon  which  fuch 
Houfe  fhall  not  be  built  and  finifhed,  fhall  be  and  continue  in  the  faid  Directors 
and  Truftees  ;  or  a  Majority  of  them  may,  and  are  hereby  impowered  and  autho- 
rized, to  fell  fuch  Lot,  by  public  Sale,  or  otherv/ife,  for  the  bell  Price  that  can  be 
had  ;  and  the  Purchafer  of  any  fuch  Lot  or  Lots  complying,  in  all  Things,  with 
the  Directions  and  Regulations  before  in  this  Act  prefcribed,  with  Refpect  to  build- 
ing and  finirtiing  of  a  Houfe  or  Houfes  on  the  faid  Lot  or  Lots ;  otherwife  the 
fame  may  be  fold  to  any  other  Perfon  or  Perfon  under  the  Like  Conditions :  And. 
D  r-.n^rs  may  in  Cafe  of  the  Ref ufal  or  Neglect  of  any  Perfon  who  fhall  or  may  take  up  any  Lot, 
n'e"i!rrf  i-lurhYie  "^^  purchafc  any  Ground  in  faid  Town,  to  pay  the  Sum  agreed  for,  the  faid  Direc- 
Muney  Lr  Ljts.  tDrs,  or  their  SuccefTors,  fhall  and  may  commence  and  profecutea  Suit  in  their  ov/n 
Names  for  the  fame,  and  recover  Judgment  therein,  with  Cofts. 

VIII.  AND  whereas  by  the  Plan  of  the  faid  Town,  Thirty  Three  Feet  fquare, 
or  Two  fquare  Poles  of  Ground,  are  taken  from  the  Front  Corner  of  each  Corner 
Lot  at  the  Crofling  or  Interfedlon  of  each  main  Street  in  the  faid  Town  -,  and  as 
it  can  be  of  no  public  Ufe  or  Benefit  v\/hatfoever,  to  have  that  Quantity  of  Ground 
taken  as  aforefaid  from  each  Corner  Lot ; 

Ground  to  be  IX.  B  E  it  Enacted  hy  the  Governor,  Council,  and  AJfemhly,  and  hy  the  Authority  of 
f..iH  by  the  Di-  the  f aim.  That  the  Direftors  and  Truftees  of  the  faid  Town,  or  the  Majority  of 
them,  are  hereby  authorized,  impowered,  and  required,  on  or  before  the  Fourteenth 
Day  of  January  next  after  the  paHing  this  Ad,  to  fell,  to  the  higheft  Bidder,  not 
exceeding  Ten  Pounds,  Proclamation  Money,  each  and  every  one  of  the  faid  Pieces 
of  Ground  of  the  Dimenfions  of  Two  fquare  Poles,  which,  according  to  the  Plan 
of  the  faid  Town,  were  taken  from  the  Front  Corner  of  each  Corner  Lot  (Ten 
Days  previous  Notice  being  given  of  fuch  Sale)  and  the  faid  Direftors  and  Truf- 
tees, or  a  Majority  of  them,  are  hereby  authorized  and  required,  to  make  and  ex- 
ecute 


L  A  ^y  S    of    North-Carolina. 


S7 


ecute  one  or  more  Deed  or  Deeds,  for  granting  and  confirnning  the  fame  to  fuch    ^-  D. 
Purchafcr  or  Purchafers,  his  or  their  Heirs  and  AfTigns  for  ever,  at  the  Coft  and 
Charc-es  of  the  Grantee  or  Grantees  to  whom  the  fame  fhall  be  conveyed. 


1766. 


Pfivilege  of  pur- 
ch.ifing  certain 
Wcces  of  Gn.und. 


Lota  refetvcrl  to 
WlliamChDit  n, 
not  to  be  fold. 


Hogs  not  to  ion 
at  laig;. 


X.  PROVIDED  always.  That  in  the  Sale  of  the  Two  fquare  Poles  of  Ground 
adjoinino-  the  Lot  Number  Twenty-fix,  the  Preference  Ihali  be  and  is  hereby  al- 
lowed to  Mr.  William  Nunn,  in  Cafe  he  will  give  as  much  as  any  other  Bidder,  not 
exceeding  Ten  Pounds,  Proclamation  Money  ;  the  fame  Privilege  is  granted  to  iVIr. 
James  Toung,  in  the  Sale  of  the  Square  adjoining  the  Lot  Number  Twenty-five  j 
and  alfo  the  like  Privilege  is  granted  to  Mr.  Edmund  Fanning,  in  the  Sale  of  the 
Square  adjoining  the  Lot  Number  Six  in  the  Plan  of  the  faid  Town. 

XI.  PROVIDED,  That  it  fhall  not  be  lawful  for  the  faid  Direaors  and 
Truftees  of  the  faid  Town  to  fell  or  difpofe  of  the  Front  Corner,  or  any  Part  of  the 
Lots  referved  to  the  aforefaid  William  Churton,  or  to  the  Ufe  of  the  Public,  by  this 
or  the  before  recited  A6t,  or  the  Corner  of  any  Lot  hereafter  to  be  taken  up  in  faid 
Town  ;  but  that  the  Two  fquare  Poles  of  Ground  be  deemed  Part  of  the  laid  Lot 
to  which  it  joins. 

XII.  AND  whereas  the  allowing  of  Hogs  and  Geefe  to  run  at  large  in  the  faid 
Town,  is  found  to  be  a  great  Nufance  to  the  Inhabitants ;  Be  it  EnaSied,  by  the 
Authority  aforefaid.  That  none  of  the  Inhabitants  of  the  faid  Town  fhall,  on  any 
Pretence  whatlbever,  fuffer  any  of  their  Hogs  or  Geefe  to  run  or  be  at  large  within 
the  Bounds  of  the  faid  Town  ;  and  any  Hog  or  Hogs,  Goofe  or  Geefe,  running  at 
large  in  the  faid  Town,  fhall  be  forfeited  to  any  Perfon  who  (hall  feize  or  kill  the 
fame. 

XIII.  AND  le  it  further  EnaEied,  by  the  Authority  aforefaid.  That  from  and  after    Overfeertobsap- 
the  Ratification  of  this  Aft,  it  fliall  and  may  be  lawful  for  the  Juflices  of  the  County    ^°"""'* 

of  Orange,  yearly,  to  appoint  Ibme  proper  Perfon,  Inhabitant  of  the  faid  Town, 
Overfeer  of  the  fame ;  whicii  Overfeer  fo  appointed  fliall,  as  often  as  there  fhall  be 
Occafion,  fummons  the  Male  Taxables,  Inhabitants  of  the  faid  Town,  to  clear  and 
repair  the  Streets  thereof,  and  remove  any  Nulance  or  Nufances  within  the  fame ; 
and  if  any  fucii  Male  Taxable  (except  fuch  as  are  exempted  by  Law  from  working 
on  Public  Roads)  fhall  fail  or  refufe  to  appear  on  fuch  Summons,  and  work  in  the 
faid  Town,  at  fuch  Times  and  Places  as  the  Overfeer  ihall  direft  (Two  Days  Notice 
being  given  before  the  Day  appointed  for  working)  fuch  Perfon  fo  neglecting  or 
refufing,  or  the  Mafter  or  Miftrels  of  fuch  Perlbn,  fliall  forfeit  and  pay  the  Sum  of 
Tv/o  Shillings  and  Eight  Pence,  Proclamation  Money,  for  every  Day  he  fliall  fo 
neglect  or  refufe ;  to  be  recovered  by  a  Warrant  from  any  Juftice  of  the  Peace  of 
the  faid  County,  and  applied  to  the  Ufe  of  employing  Perfons  to  work  and  keep 
the  Streets  of  the  laid  I'own  clear  and  in  good  Order. 


XIV.  AND  le  it  further  EnaMed,  by  the' Authority  aforefaid.  That  the  Inhabitants  Tnfiaw.arti  tx. 
ol  liillfooroirgh  fhall  be,  and  are  for  the  future  exempted  from  working  on  any  of  l"^*"  on"'pubiie 
the  Pubhc  RoaJs  within  this  Province.  \<^i^u 


XV.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sheriff 
of  the  County  of  Orange,  the  Clerk  of  the  Court  of  the  faid  County,  the  Regitter 
of  the  faid  County,  and  their  Succeffors,  fhall,  during  their  Continuance  in  Ofrice, 
hold  and  keep  their  refpeftive  Offices  in  the  faid  Town  oi  Hillfl-'orough;  and  that  if 
any  of  the  fai'i  CfRcers  fhall  negltft  or  refufe  fo  to  do,  each  of  them  fo  neglefting 
or  refufing  fhall,  for  every  Month  he  fliall  fo  fail,  forfeit  and  pay  the  Sum  of 
Twenty  Shillings,  Proclamation  Money,  to  be  recovered  before  any  Jurifdiiftion 
having  Cognizance  thereof;  one  Half  to  the  Informer,  and  the  other  Half  to  the 
Diredors  of  the  faid  Town  -,  to  be  applied  to  the  Ufe  and  Benefit  of  the  faid  Town. 


P-jbllc    Offices  to 
I.C  kept  in  Town, 


XVI.  AND 


358 


L  A  PV  S    of    North-Carolina. 


Town    CItrk    to 
be  appointed. 


XVI,  AN  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  Dlreflors 
af)d  Truftees  for  the  Time  being,  or  a  Majority  of  them,  fhall,  and  are  hereby  im- 
powered,  to  pafs  any  Order  they  may  judge  proper,  for  preventing  Mortar,  CLiy, 
or  Wooded  Chimnies,  being  built,  and  pulling  down  fuch  are  already  built  (if 
thought  to  be  a  Nufance)  for  making  the  People  keep  their  Chimnies  clean,  and 
raifmg  them  to  a  proper  Height,  for  obliging  all  Perfons  to  clean  the  Streets  before 
their  Houfes,  and  for  all  other  Things  for  the  Good  and  Safety  of  the  faid  Town, 
and  the  proper  Regulation  of  it,  conliftently  with  the  Laws  of  this  Province  ;  and 
to  enforce  fuch  Orders,  by  laying  a  Fine,  not  exceeding  Forty  Shillings,  Procla- 
mation Money,  on  all  Perfons  neglefting  or  refufing  to  comply  therewith. 

XVII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  DiredoVs 
and  Truftees  of  the  faid  Town,  or  a  Majority  of  them,  fhall,  as  often  as  thty  fliall 
think  proper,  appoint  a  Town  Clerk,  and  fhall  keep  a  Town  Book  ;  in  which  fhall 
be  entered  the  Time  of  taking  the  Entries  of  Lots,  and  the  Orders  they  may  niake, 
the  Account  of  the  Monies  they  have  received,  or  hereafter  may  receive,  the  Man- 
ner of  applying  fuch  Money,  and  the  Sums  remaining  in  Hand,  under  the  Penalty 
of  Fifty  Pounds,  Proclamation  Money  •,  to  be  recovered  by  any  Perfon  who  fhall 
or  may  fue  for  the  fame,  in  any  Court  in  this  Provice  having  Jurifdidtion  thereof  j 
one  Half  to  the  Prolecutor,  the  other  Half  to  the  Ufe  of  the  faid  Town, 

XVIIL  AND  bi  it  further  Em 5! cd^  by  the  Authority  af or ef aid.  That  all  the 
Monies  arifing  by  the  Sale  of  any  Ground,  or  taking  up  of  any  Lot  in  the  fi\id 
Town,  or  any  other  Way,  by  Virtue  of  this  or  the  before  recited  Aft,  be  appro- 
priated, laid  out,  and  applied  to  fuch  Ufe  or  Ufes  as  the  faid  Diredors,  or  a  Ma- 
jority of  them,  fhall  think  convenient,  for  the  better  Encouragement  of  the  faid 
Town. 


Minles  appropri- 
ated. 


Repeaiing  ciaufc.  XIX.  A  N D  be  it  further  Eha5!ed,  by  the  Authority  aforefaid.  That  the  Sixth 
and  Seventh  Seftions,  and  fo  much  of  the  Second  and  Third  Sedions,  of  the  before 
recited  A6t,  as  is  repugnant  to  this  A61,  be,  and  is  hereby  repealed,  and  made  null 
and  void. 


CHAP,     XVI, 

An  A5i  to  continue  an  A5f^   intituled.   An  Aft  to  fupprefs  excefTive  and  deceitful 

Gaming.     EXP. 


Preamble. 


A£l  continued. 


CHAP.     XVII. 

An  Auf  for  further  continuing  an  A51,  intituled.  An  Aft  for  the  Reftraint  of  Vagrants, 
and  for  making  Provifion  for  the  Poor,  and  other  Purpofes.     (a) 

I.  XT  THERE  AS  an  Aft,  pafTed  at  Newbern  the  Twenty  Fifth  Day  of 
YY  September,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Fifty  Five,  intituled.  An  A£i  for  the  Reflraint  of  Vagrants,  and  for  making  Prorifion 
for  the  Poor,  and  other  Purpofes,  v/as  continued  by  one  other  Aft,  pafTtd  at  JVil- 
mington,  the  Thirteenth  Day  of  November,  in  the  Year  of  our  Lord  One  Thcufarid 
Seven  Hundred  and  Sixty,  intituled.  An  ASt  for  the  Reftraint  of  Vagrants,  for  mak- 
ing Provificn  for  the  Pocr^  and  other  Purpofes ;  which  faid  lafl  mentioned  Aft  will 
expire  at  the  End  of  the  prefent  SeiTion  of  Affembly ;  and  whereas  the  before  r-ecited 
Aft  hath  been  found  ufeful  and  convenient : 

II.  B  E  it  therefore  Enacted,  by  the  Go'vernor,  Council,  and  AJfembly,  and  it  is  hereby 
Enabled  by  the  Authority  of  the  fame.  That  the  faid  firft  recited  Acft  ifiall  further  con- 
tinue and  be  in  Force  for  and  during  the  Term  of  Four  Years,  from  the  paffing  of 
this  Aft,  and  from  thence  to  the  End  of  the  next  SefTion  of  AfTembly. 

(a)  This  At\  further  continued  by  Ad,  Dec.  1770,  Chap.  29. 


Laws      of     N  O  K  T  H  -  C  A  R  O  L  I  N  A. 


359 


f ■ — - 

CHAP.     XVIII. 

An  AEl  to  -prevent  hunting  for ^  and  killing  Beer,  in  the  Manner  therein  mentioned.        aT'd-c'  i'  o^ 


Chiip.   lO, 


CHAP.     XIX. 


An  A5i  for  eflaUifhing  a  Sckool-Houfe  in  the  Town  o/Newbern. 

I.  TT  7  HERE  AS  a  Number  of  well-difpofed  Perfons,  taking  into  Confidera-    PreamUe, 

y  Y  ti^n  the  greu  Neceflicy  of  liaving  a  proper  School  or  public  Seminary  of 
Learning  eltablilhcd,  whereby  the  rifing  Generation  may  be  br^  ught  up  and  in- 
ftructcd  in  the  Principles  of  the  Chriflian  Religion,  and  fitted  for  the  leveral  Offices 
and  i^urpofes  oi^  Life,  have,  at  a  great  Expence,  creeled  and  built,  in  the  Town  of 
Newbcrn,  a  convenient  Houie  for  ths  Purpolcs  afore/aid  ;  and  being  defirous  that 
the  lame  may  bi  eilabliihed  by  Eaw  on  a  permanent  Footing,  lb  as  to  anlwer  the 
gojd  Purpoics  oy  the  laid  Perlons  intended  : 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority    Direaors  of  th| 
of  the  fa.ne.  That  the  laid  Perfons,  or  other  Contributors  to  laid  School-Houfe,  or  the    SchooKkaed, 
Majority  of  them,  are  hereby  authorized,   required,   and  directed,  to  meet  at  the 
Court-Houfe  in  Neivbern  on  the  Firft  Tuefday  in  April  next,   and  then  and  tliere  to 

elect  and  choofe,  out  ol  their  Number,  Eleven  of  the  molt  able  and  dilcrect  Perlons 
to  be  Truftees  or  Directors  of  the  faid  School ;  and  that  alter  th,-  laid  Election 
which  is  to  be  m.ade  before  the  Sheriff',   and  a  due  Return  thereoi  made  to  the  faid 
Directors,  they  fhall  be,  and  are  hereby  incorporated  into  a  Body  Politic  and  Cor- 
porate, by  the  Name  of  the  Incorporated  Society  for  promoting  and  efiabhfhing  the  pub- 
lic School  in  ^f^htxxx;  and   by    that  Name  to  have  perpetual   SuccelTion,   and  a 
Common  Seal ;  and  that  they,  and  their  SuccefTurs,  by  the  Name  aforefaid,  fliall 
be  able  and  capable  in  Law  to  have,  purchai'e,  receive,  enjoy,  poflefs,   and  retain, 
to  them  and  their  Succeflbrs,  for  ever,  in  Truft  and  Confidence  for  the  faid  School, 
any  Lands,    Rents,    Tenements,    and  Hereditaments,    of  what  Kind,  Nature,  or 
Quality  foever ;  and  alio  to  fell,  grant,  demife,  alien,  or  difpofe  of  the  fame ;  and 
aiio  to  receive  and  take  any  Charity,  Gift,  or  Donation  whatfoever,  to  the  faid 
School ;  and  by  the  fame  Name  to  fue  and  implead,  be  fued  and  impleaded,  anfwer 
and  be  anlwered,    in  all  Courts  of  Record  whatfoever;    and  from  Time  to  Time,    Their  Pow-r  to 
under  their  common  Seal,  to  make  fuch  Rules,  Regulations,  and  Ordinances,  for    ^'•'^^  ^^^  ^•'"'' 
the  AdmiflTion  or  Difmiirion  of  the  feveral  Mailers  of  the  faid  School,  and  the  better 
regulating  and  well  ordering  the  fame,  as  to  them  fliall  feem  requifite  and  necelTary, 
.and  bdl  anfwer  the  Purpoles  intended :    Provided  the  faid  Rules  correfpond,  and 
be  as  near  as  may  be,  agreeable  to  the  Laws  of  Great  Britain  and  this  Province. 

III.  PROVIDED  always^  That  no  Perfon  fhall  be  admitted  to  be  Maftcr  of  Mafier  to  be  li- 
the faid  School,  but  who  is  of  the  eftabliflied  Church  of  England;  and  who,  at  the  'q^^L.u  ""'' 
Recommendation  of  the  Truftees  or  Direftors,  or  the  Majority  of  them,  fhall  be 

duly  licenced  by  the  Governor,  or  Commander  in  Chief  for  the  Time  being. 


And    iftcorporaj-; 


IV.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  one  Lot  of  Land  Lctof  L-n^  rcft- 
in  the  Town  of  Newbern,  lately  purchafed  from  IVilliam  Baflin  Whitford,  by  the  "eU"  '*""  ■^'"^' 
Proprietors  of  the  aforefaid  School-Houfe,  and  whereon  they  have  erefted  the  fame, 

be  from  henceforth  veiled  in  the  Trullees  by  this  Adl  incorporated,  and  their  Suc- 
celTors,  for  ever,  in  IVuft  and  Confidence,  to  and  for  the  Ufes  and  Purpofes  by 
the  faid  Society  intended. 

V.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.    That  the  faid  Truf-    Trufices  to  take 
tees,  before  they  be  deemed  cjualificd  to  enter  on  the  Execution  of  the  Trull  repofed    vetnmclt?^^"' 
in  them  by  this  Aft,  do,  before  fbme  Magiltrate,  take  the  feveral  Oaths  of  Govern- 
ment, fubfcribe  the  Tell,  and  alfo  take  the  following  Oath,  to  wit. 


360  LAWS     of    North-Carolina. 

j1.  D.   1766.    ■«■  A.  B.  do  [wear  that  I  will  duly  and  faithfully^  to  the  heft  of  my  Skill  and  Abilityy 

aTw'^TT^     jL  ^^^^^^^  ^^^^  difcharge  the  feveral  Powers  and  Authorities  given  me  by  an  Att  of  Af~ 

Jembly,  for  eftablfoing  a  School-  Houfe  in  the  Town  of  Newbern  ;    and  that  in  all  Things 

for  the  well  ordering  and  good  Govermnent  thereof  I  will  do  equal  and  impartial  Jufiice^ 

to  the  Extent  of  my  Undcrjtanding. 

SO  HELP  ME  GOD. 

To  »ppoint  a  VI.  AND  belt  further  Enaoled,  by  the  Authority  aforefaid^Thzt  the  {a\dTrv.i\:ee$, 
iTto'gWe'B.ndl'"  or  the  Majority  of  them,  after  their  QuahHcation,  fliall  meet  at  the  faid  School- 
Houfe,  and  eled,  out  of  their  Number,  a  fit  and  proper  Perfon  to  be  Treafurcr  to 
the  faid  Society ;  which  Treafurer  fhall  be  annually  elefted  on  the  Firil  Tuefday  ia 
April -^  into  whofe  Hands  fliali  be  paid  all  Monies  of  or  belonging  to  the  faid  School, 
he  firil  giving  Bond  and  Security,  in  the  Sum  of  Two  Thoufand  Pounds,  Procla- 
mation Money,  to  the  Truftecs,  for  the  faithful  Difcharge  of  his  Office,  and  the 
iiis  Duty.  Truft  repofed  in  him ;  and  that  the  faid  Treafurer  ftiall  annually,  on  the  f^d  Firft 

Tuefiay  in  April.,  fettle  his  Accounts  with  the  Truftees,  of  all  Dilburfemerits,  Do- 
nations, Gitts,  Bequefts,  or  other  Charities,  that  may  belong  or  accrue  to  the  faid 
School  the  precceding  Year  :  And  upon  the  faid  Treafurer's  Negled:  or  Refufal  to 
lettle  and  pay  over  to  the  lucceeding  Treafurer  what  Money  may  be  in  his  Hands 
belonging  to  the  faid  Society,  the  lame  Method  of  Recovery  may  be  had  againft 
him,  as  is  provided  for  the  Recovery  of  Monies  from  Sherifls,  or  other  Perfons 
chargeable  with  Public  Monies. 


'O" 


Succcfrnn  rf  the        VII.     AND  whcrcas  it  will  be  neceflary  that  a  regular  Succeflion  of  the  faid 
Ttuihc«.  Truftees  ih  .uld  be  kept  up,  Be  it  Enatfed^  by  the  Authority  aforefaid.  That  on  the 

Death,  Rcfulal  to  qualify,  or  Removal  out  of  the  Province,  of  any  of  the  faid 
Trullees,  the  remaiuing  Truftees,  or  the  Majority  of  them  then  in  Office,  ffiall 
cleft  and  choofe,  out  ot  the  Number  of  Contributors,  other  Truftees,  in  the  Room 
and  Stead  of  thofe  dead,  removed,  or  refufing  to  qualify  as  aforefaid ;  who  ffiall  be 
invefted  with  the  fame  Powers  and  Authorities  as  the  other  Truftees,  firft  taking 
the  feveral  Oaths  appointed  by  this  Aft  for  their  Qualification. 


Lands    veiled 
the  Truftees. 


Aft  repealed,  H  VIII.  AND  he  tt  further  Ena^ed^  by  the  Authority  aforefaid.,  That  an  Aft  of 
L3n,h  v.fted  in  p^^^^^'^\^  ^^{Xtdi  at  IVUmington^  in  One  Thoufand  Seven  Hundred  and  Sixty  Four, 
intituled.  An  Act  for  building  a  Houfe  for  a  School.,  and  the  Rcfidence  of  a  Schoolmafter., 
in  the  Town  of  Newbern,  be,  and  is  hereby  repealed;  and  the  Piece  or  Parcel  of 
Ground  mentioned  in  the  faid  Aft,  being  Half  of  Two  Lots  known  in  the  Plan  of 
the  faid  Town  by  the  Numbers  F'ifty  Nine  and  Sixty,  beginning  at  the  Corner  of 
Craven  and  Pollock  Streets^  and  running  along  Pollock  Street  Six  and  a  Half  Pole  ; 
then  acrofs  faid  Two  Lots  Fifty  Nine  and  Sixty,  in  a  parallel  Line  with  Craven 
Street,  Thirteen  Poles  to  the  North  Side  of  Lot  Number  Sixty  ;  then  along  the  faid 
Lot,  Six  and  a  Half  Poles,  to  Craven  Street  \  then  along  Craven  Street,  Thirteen 
Poles,  to  the  Beginning :  Alfo  Two  Lots  of  Land  in  the  faid  Town  of  Newbern^ 
adjoining  the  faid  School-Houfe,  known  in  the  Plan  of  the  faid  Town  by  the  Num- 
bers Three  Hundred  and  Thirteen  and  Three  Hundred  and  Twenty  Seven,  which 
are  hereby  vefted  in  the  Truftees  by  this  Aft  to  be  appointed,  and  to  their  Succcffors, 
for  ever,  ia  Trull  and  Confidence^  to  and  for  the  Ufe  of  the  faid  School. 

One,  laid  on  Li-  jx.  AND  whercas  the  aforefaid  Contributors  being  defirous  that  the  Benefits 
c«ing  ro'7r  ciu  Arifing  from  faid  School  may  be  as  extenfive  as  poffible,  and  that  the  Poor,  who  may 
di=n.°  l^g  y  t^able  to  educate  their  Children  there,  may  enjoy  the  Benefits  thereof:  Be  it  Enakt* 

ed,  by  the  Authority  aforefaid.,  That  a  Duty  of  One  Penny  per  Gallon  on  aH  Rum,  or 
other  fpiritous  Liquors  imported  into  the  River  Neufe.,  be  paid,  for  and  during  the 
Space  of  Seven  Years,  from  and  after  the  palling  of  this  Aft,  by  the  lunporters  there- 
of, for  and  towards  raifing  a  Fund  tor  the  Education  of  Ten  poor  Children  in  the  faid 
School  (to  be  chofen  by  the  Truftees)  whofe  Parents  may  be  unable  to  pay  for  the 
fame  -,  and  that  the  faid  Duty  be  Part  of  the  common  Stock  of  the  faid  School,  and 
to  be  appropriated  as  aforefaid,  and  towards  giving  a  Salary  of  Twenty  Pounds  per 

Year 


L  A  IV  S    of    Nokth-Carolina. 


361 


Year  to  the  Mailer  of  the  faid  School,  towards  enabling  him  to  keep  an  Affiflant-,    /^.  D.    1766. 
which  faid  Dutv  fliall  be  colleded,  accounted  for,  and  paid  to  the  1  rcaiurer  of  the     s»-"v~"~' 
faid  School,    in  the  fame  iVIanner,   and  under  the  fame  Penalties  and  Rcftrictions, 
as  the  Duty  of  Four  Pence  per  Gallon  on  fpiritous  Liquors  is  now  paid  and  col- 
leded. 


CHAP.     XX. 

y^n  Act  to  impower  the  Jujlices  of  Beaufort  County  to  build  a  Court-Houfe^  Prifon^  and 
Stocks,  in  Bath  Town,  for  the  Ufe  of  the  faid  County. 

I,  "TX^HEREAS  the  Court-Houfe  and  Prifon  in  the  faid  County  are  in  great   Preamble^ 

yy  Decay,  and  in  lb  ruinous  a  Condition,  that  the  Courts  cannot  be  held 
therem,  nor  Prilpners  detained  ;  and  the  Lot  whereon  the  fame  Hands  is  very  low, 
funken,  and  inconvenient :  I'herefore, 

II.     B  E  it  Enacted,  by  the  Governor,  Council,  and  ^ffemhly,  and  by  the  Anther Ity  of      Commi 
the  fame,   i'hat  tiie  Honourable  Robert  Palmer,  Ei'q-,   'John  Barrow,  Thomas  Rcfpfs,    bu';'!^ing''  ^ 
IVyriot  Ormond,  and  Tho.nas  Bonner,  Efqrs.  are  hereby  appointed  Commiffioners ;    """'"'^.  &<:. 
and  they,    or  the  iVIajonty  ol  tiiem,   fhail  and  may,    and  tiiey  arc  hereby  required, 
within  -Six  Months  alter  the  pafiing  of  this  Aft,  to  agree  and  contraft  with  Work- 
men for  the  buildirig  and  erecting  a  new  Court-Houfe,  Prifon,  Pillory,  and  Stocks, 
in  Bath  Town,  tor  the  Lfe  of  tne  faid  County, 


fof 
Court. 


C'^mrti'iTiinerS 
Jm|)owt-teJ  to  fell 
the  old  Coutt- 
Hcufs. 


Tay      laid 
huililing  the 
Cuurt-  Koafe, 


for 


III.  AND  he  it  further  Enabled,  by  the  Authority  af or  ef aid.  That  the  faid  Com- 
milTioners,  or  the  Majority  ot  them,  are  hereby  impowered  to  fell  the  old  Court- 
Hou!'e  and  Prifon,  together  with  the  Lot  thereto  belonging-,  and  the  Money  there- 
from arifing,  to  be  expended  and  laid  out  towards  the  ereding  the  aforefaid  Build- 
ings, for  the  Ufe  of  the  County  as  aforefaid. 

IV.  A  ND  be  it  further  Ena"ed,  by  the  Authority  aforefaid.  That  a  Poll-Tax  of 
Three  Shillings  be  levied  on  each  taxable  Perion  in  the  faid  County,  for  Two  Years 
next  enfuing;  which  Tax  fhall  be  coUeded  by  the  Sheriff  of  the  faid  County,  in 
the  fame  Manner,  and  at  the  fame  Times,  as  Public  Taxes  are  by  Law  direded  to 
be  colleded,  and  by  him  accounted  for  and  paid  to  the  Commiffioners,  or  the  Ma- 
jority of  them  ;  and  fhall  by  them  be  applied  to  defray  and  pay  for  the  building  and 
ereding  the  faid  Court-Houfe,  Prifon,  Pillory,  and  Stocks. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Commif- 
fioners, after  the  Building  aforelaid  fhall  be  ereded,  built,  and  finiflied,  fliall  render 
an  Account  of  the  Monies  by  them  received  by  Virtue  of  this  Ad,  together  with 
that  of  their  Difburfements,  to  the  County  Court  of  Beaufort  j  and  the  Overplus 
(if  any)  to  be  applied  towards  leffening  the  County  Tax. 

VI.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  fo  foon  as 
the  faid  Court-Hou*e,  Prifon,  Pillory,  and  Stocks,  fhall  be. ereded,  built,  and 
finifhed,  the  Juftices  of  the  Court  of  the  faid  County  (by  their  Order)  Ihall,  and 
are  hereby  diredted  and  required,  to  adjourn  the  faid  Court  from  the  old  Court- 
Houfe  where  the  fame  is  now  held,  to  the  new  Court-Houfe  fo  to  be  ereded  and 

/  built  by  Virtue  of  this  Ad-,  and  all  Suits,  Adions,  Plaints,  Pleas,  and  other  Mat- 
ters and  Things,  before  the  faid  Court  then  depending  and  undetermined,  fhall 
ftand  adjourned  and  continued  accordingly  •,  and  all  and  every  Perfon  and  Perfons 
having  Day  in  the  faid  Court,  and  all  Witnefles,  bound  and  obliged  to  appear  at 
the  fame,  according  to  fuch  Adjournment. 

VII.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  all  and  every    Repealing cLdfa* 
Ad  and  Ads,    Claules,    Article  and  Articles  thereof,    for  any  Matter  or  Thing 

within  the  Purview  of  this  Ad,  fhall  henceforth  be  repealed  and  made  void. 

7.  7.  C  H  A  P. 


Commifnonors  to 
accrunt    for    the 


Co'jrt  to  be  ad- 
j.'urncd  frcm  the 
k\A  to  the  nev7 
Court  Hcul'e, 


362  LAWS    of    North-Carolina. 

A.  D.  1766.  CHAP.     XXI. 

^An  Aul  to  prevent  the  unreafonahle  Dejirw^ion  of  Fi/b  in  Neufe  River,  Tar  River^ 
Fifhing  Creek,  Rockey  River,  the  South  Fork  of  Catawba  River,  the  South  Fork  of 
the  Yadkin  River,  and  Cotentney  Creek.     EXP. 

CHAP.     XXII. 

An  ASl  to  amend  an  A5f,  intituled.  An  A6t  for  eftablifhing  the  Titles  of  the  Free- 
holders in  Edenton,  for  laying  a  Tax  for  finifhing  the  Church  begun  in  the  faid 
Town,  and  for  the  further  Improvement  and  better  Regulation  thereof. 

Private,  j_  -^YTPIEREAS  fincc  the  paffing  of  the  above  mentioned  Ad,  feme  of  the 

Y  y  Commiffioners  hereby  appointed  and  nominated  have  removed  themfelves, 
and  others  are  dead  •,  by  which  Means  it  becomes  neccllliry  that  others  fliould  be 
appointed,  in  order  that  a  Succeffion  of  them  may  be  continued,  to  anfwcr  the  Pur- 
poles  of  the  afore-mentioncd  Ad: : 

Corr.niJmaners        H.     j5  E  it  therefore  Enabled,  hy  the  Governor,  Council,  and  Affemhly,  and  hy  the 
appointed.  Juthority  of  the  fame.  That  from  and  after  the  paffing  of  this  A61,  Jofeph  Blount, 

JVilliarn  Lowther,  Samuel  Jobnfion,  Jofeph  Hewes,  and  George  Blair,  Gentlemen, 
and  every  of  them,  be,  and  are  hereby  conftituted  and  appointed  Commiffioners 
for  the  Tov/n  of  Edenton  atorelaid,  who  fhall  have,  exerciie,  and  enjoy,  the  fame 
Powers,  Rights  and  Privileges,  as  the  Commiffioners  by  the  before  recited  A6t  did 
or  might  have  exercifed  and  enjoyed  ;  and  that  in  Cafe  of  the  Death  or  Removal  of 
the  Treafurer,  or  any  of  the  Commiffioners,  out  of  the  County  oiChciz'an,  the  elded 
Commiffioners  lliall  ilicceed  to  the  faid  Office  of  Treafurer,  and  other  Commiffioner 
or  Commiffioners  fhall  be  chofen,  in  Manner  as  by  the  faid  Ad  is  direded. 

Lotstobedejiv,  HI.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  every  Grantee 
of  a  Lot  or  Lots  heretofore  granted,  fhall,  within  Four  Months  after  the  paffing  of 
this  Ad,  clear  and  grub  up  fuch  Lot  or  Lots,  under  the  Penalty  of  Ten  Shillings 
for  each  and  every  Lot  which  by  that  Time  fhall  not  be  cleared  or  grubbed  up ; 
and  that  the  Grantee  of  every  Lot  hereafter  to  be  granted  fliall  alfo,  within  Four 
Months  from  the  Date  of  his  Deed,  alfo  clear  and  grub  up  his  Lot  or  Lots,  under 
the  Penalties  aforefaid  •,  to  be  recovered  and  applied  in  fuch  Manner  as  Penalties  by 
the  afore-mentioned  Ad  are  recoverable  and  applied. 

Hogs  and  Oecfe  IV.  AND  whereas  the  fuffering  of  Hogs  and  Qtt^t  to  run  at  large  in  the  faid 
not  to  go  at  large.  'j-Q^^p,  jg  found  to  bc  ipjurious  to  the  Properties  of  the  Inhabitants  thereof.  Be  it 
therefore  Ena£fed,  hy  the  Authority  aforefaid.  That  none  of  the  Inhabitants  of  the  faid 
Town  fiaall,  within  Two  Months  after  the  paffing  of  this  Ad,  fuffer  any  of  their 
Hogs  or  Geefe  to  run  at  large  within  the  Bounds  of  the  faid  Town  ■■,  and  any  Hog 
or  Hogs,  Goofe  or  Geefe,  running  at  large,  fhall  be  forfeited  to  the  Commiffiioners  •, 
and  the  lame,  by  an  Order  from  one  of  them,  under  his  Hand,  direded  to  the 
Conftable,  be  by  him  fold  to  the  higheil  Bidder,  for  the  Benefit  of  the  faid  Town. 

ciiimnies  to  be        V.     AND  fot  the  Prevention  of  Fire  in  the  faid  Town,  Be  it  EnaHed,  hy  the 
'*'P'*  Authority  aforefaid.  That  every  Houfekeeper  fhall  fweep,  or  caufe  to  be  iwept,  the 

Chimnies  of  his  Dwelling- Houfe,  Store,  and  Kitchen,  at  leafl  once  in  every  Month, 
between  the  Months  of  October  and  April,  under  the  Penalty  of  Twenty  Shillings 
for  every  Chimney  fo  unfwept  within  the  Time  aforefaid  ;  to  be  recovered  by  a 
Warrant  from  under  the  Hand  of  any  one  of  the  Commiffioners,  and  applied  for 
the  Benefit  of  the  faid  Town  :  And  in  Cafe  the  Chimney  of  any  Dwelling-Houfe, 
Store,  or  Kitchen,  Oiall  catch  on  Fire  through  Negled  in  Manner  before  direded, 
in  the  faid  Town,  the  PoiTefTor  of  fuch  Houfe,  Store,  or  Kitchen,  fhull  pay  to  the 
Commiffioners  of  the  faid  Town  the  Sum  of  Five  Pounds  j  to  be  recovered  and 
applied  in  Manner  as  before  direded. 

VI.  AND 


L    A   IV  S      (5/'  •  N  O  R  T  H  -  C  A  ?.  O  L  I  N  A. 


3^3 


VI 

ing  to  the 


/V  N  D  whereas  it  frequently  happens  that  Mafters  of  Veffels,  not  belong- 
le  Province,  bring  their  Veffels  to  the  Public  Wharfs  already  eretted  in 
the  faid  Town,  and  there  vend  and  retail  their  Cargoes,  and  have  the  Benefit  of  the 
faid  Wharfs ;  Be  it  therefore  Enaskd,  by  the  Aiubortty  aforefaid.  That  every  Mailer 
of  a  Vefiel  not  belonging  to  the  Province,  or  directiy  from  Great  Britain,  ihall, 
for  each  and  every  Day  he  Ihall  lie  with  his  faid  VeiTcl  at  any  one  of  the  faid  Wharfs, 
pay  to  the  Comnilfioncrs  of  the  faid  Town  the  Sum  of  Two  Shillings  per  Day  ; 
and  in  Failure  of  Payment  thereof,  the  fame  fliall  and  may  be  levied  upon  the  Bo- 
dy, or  Goods  and  Chattels,  of  the  Delinquent,  by  a  Warrant  from  under  the  Hand 
of  any  one  CommilTuner,  directed  to  a  Conitablc ;  and  the  Money  be  applied  as 
before  direfted. 


J.  D.    I-/ 66. 

Maficr?  .  f  Ve.T^'s 
to  pay  Whitfa^e. 


VII.     AND  be  it  further  Enacted  by  the  Authority  aforefaid.  That  within  Two    Hiufekecpers 
Months  after  the  palTing  ot  this  Ati,  any  Occupier  of  any  Lot  or  Lots  whereon  now    ''".-  ^^'^'^•'^ 
isj  or  Ihall  be  built,  any  habitable  Ploufe,  Ihall  have  a  Ladder,  of  a  proportionable      '"    ""'''' 
Length  to  the  Height  of  his  Houfe  ;  v/hich  faid  Ladder  fliall  be  conltantly  kept  up 
againll  his  Houie,  that  in  Cafe  of  Fire,  Relief  may  be  immediately  afforded,  under 
the  Penalty  of  Twenty  Shillings ;  to  be  recovered  and  applied  as  aforefaid. 


CHAP.     XXIIL 

An  A^  to  amend  an  Act,  intituled.  An  Aft  for  regulating  the  Pilotage  of  Cape  Fear 
River,  and  for  other  Purpoies. 

L  T^THERE  AS  the  Rates  allowed  for  Pilotage  by  the  before  recited  Aft,    Preamble 

y  y     are  inadequate  to  the  Expence  of  Boats  and  Hands  proper  to  be  em- 
ployed in  fo  material  a  Service : 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  -and  AJfembly,  and  by  the 
Authority  of  the  fa.ne.  That  from  and  after  the  pafling  of  this  Art,  all  Pilots  duly 
authorized  by  a  Branch  from  the  Governor,  or  Commander  in  Chief  for  the  Time 
being,  may  take  and  receive  the  following  Rates  for  each  VcfTcl  they  ihall  pilot 
oVer  the  Bar  to  Brunfivick,  and  back  again  to  Sea,  to  ivit. 


For  a  VefTel  when  loaded,  drawing  Six  Feet  Water,  the  Sum  of  Two  Pouads 
Ten  Shillings. 

For  a  Velfel  when  loaded,  drawing  Seven  Feet,  Two  Pounds  Fifteen  Shillings. 
For  a  Veffil  when  loaded,  drawing  Eight  Feet,  Three  Pounds. 
For  a  VefTel  when  loaded,  drawing  Nine  Feet,  Three  Pounds  Ten  Shillings. 
For  a  VefTel  when  loaded,  drawing  Ten  Feet,  Three  Pounds  Fifteen  Shillings.' 
For  a  VefTel  when  loade  1,  drawing  Eleven  Feet,  Four  Pounds  Ten  Shillings. 
For  a  VefTel  when  loaded,  drav/ing  Twelve  Feet,  Five  Pounds  Ten  Shillings. 
For  a  VefTel  when  loaded,  drawing  Thirteen  Feet,  Six  Pounds  Ten  Shillings. 
For  a  VefTel  when  loaded,  drawing  Fourteen  Feet,  Seven  Pounds  Ten  Shillings. 
For  a  VefTel  when  loaded,  drawing  Fifteen  Feet,    Eight  Pounds  Ten  Shillings. 
For  a  VefT.4  when  loaded,  drawing  Sixteen  Feet,  Nine  Pounds  Ten  Shillings. 
For  a  VefTel  when  loaded,  drawing  Seventeen  Feet,  Eleven  Pounds. 
For  a  VefTel  when  loaded,  drawing  Eighteen  Feet,  Thirteen  Pounds, 

III.  AND  be  it  further  Enacled,  by  the  Authority  aforefaid.  That  any  Pilot  ap- 
pointed to  pilot  Vefiels  from  £n/«/«-7V-^  to  fFilmington,  and  back,  fhall  and  may 
receive  one  Half  the  aforefaid  Rates ;  and  if  only  to  the  Flats,  and  back  to  Brunf- 
wick,  then  one  Fourth  of  the  faid  Rates ;  Relpeft  being  had  to  the  particular 
Draught  of  Water  fuch  VefTel  fhall  draw. 

IV.  AND  whereas  by  the  before  recited  Aft,  it  is  Enafted,  that  before  any 
Perfon  obtain  a  Branch  to  be  a  Pilot,  fuch  Perfon  mull  give  Bond,  Avith  Two  M- 
ficient  Securities,  to  the  Governor  or  Commander  in  Chief  for  the  Time  being,  in 

Z  z  2  .  ■  the 


Pilots  Frt3. 


Their  Fees  from 
B  unfvvick  t«> 
Wilinipgton,  anJ 
the  Flats. 


3^4 


LAWS    of    North-Carolina. 


A.  D.    1766. 


Pilots  tn  five 
Bond  in  200  1. 
only. 


Pen.  on  Pilwts 
neglr<ft  iig  to  at- 
tem  V-lTels  when 
called  upon. 


Pen.  on  white 
I't-rrirs  dcftroy. 
ing  Beacons,  &c. 


Pen  for  Slaves. 


pen.  frjr  making 
fdft  Boats,  &:c. 
to  any  Stakes, 
Beacons,  &c. 


the  Sum  of  Five  Hundred  Pounds,  Proclamation  Money,  for  the  due  and  faithful 
Difcharge  of  his  Office,  which  by  Experience  has  been  found  inconvenient  for 
many  Pilots  to  procure  -,  Be  it  therefore  Enacted,  by  the  Authority  afcrcfaid,  Tliat 
from  and  after  the  paiTing  of  this  Ad,  no  larger  Sum  than  Two  Hundred  Pounds, 
Proclamation  Money,  fliall  be  required  of  any  Perfons  that  fhall  be  recommended 
as  Pilots. 

V.  AND  whereas  fome  of  the  Pilots  of  Cape  Fear  River  are  very  negligent  in 
giving  due  Attendance,  when  called  upon,  to  carry  Veflels  up  or  down  the  River  -, 
Be  it°therefore  EnaSled^  by  the  Authority  aforefaid.  That  when  any  Pilot  fhall  have  No- 
tice from  the  Mafter  of  any  Veffcl  to  attend  in  tranfporting  fuch  VefTel,  and  lliall 
fail  immediately  to  go  on  Board  for  that  Purpofe,  the  Pilot  having  fuch  Notice, 
fhall  forfeit  and  pay  the  Sum  of  Thirty  Shillings,  Proclamation  Money  (unlefs  he 
lliall  adually  have  Charge  of  fome  other  VefTel)  for  each  and  every  Day's  Delay  of 
fuch  VelTcl,  by  Means  ot  fuch  Pilot's  Negleft  ;  to  be  recovered  by  a  Warrant  from 
under  the  Hand  of  one  of  the  Commiffioners,  on  due  Proof  thereof  to  fuch  Com- 
miffioner ;  and  the  Money  fo  recovered,  to  be  applied  to  the  Ufe  of  the  Mafter  or 
Owner  of  the  Veflll  for  which  Complaint  is  made,  (a) 

VII.  ANT)  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  v/hite 
Perfon  or  Perfons  fhall  be  convided  of  cutting  down,  taking  up,  removing,  or 
wilfully  deftroying  any-Beacon,  Buoy,  Stake,  or  other  Mark  heretofore  ereded,  or 
to  be  ereded  or  placed  within  the  laid  River,  fuch  Perfon  fhall  forfeit  and  pay 
Twenty  Pounds,  Proclamation  Money,  for  each  and  every  Offence  ;  to  be  recovered 
and  applied  as  aforefaid  :  And  in  Cafe  any  Negro  fhall  be  guilty  of  the  fame  Offence, 
the  Mafter  of  fuch  Negro  fhall  be  fubjed  to  the  Penalty  of  Five  Pounds,  Procla- 
mation Money  •,  recoverable,  and  to  be  applied  in  the  fame  Manner. 

VIII.  AND  he  it  further  Ena5^ed,  by  the  Authority  aforefaid.  That  if  any  white 
Perfon  do,  or  fliall  hereafter  make  faft  any  Raft,  Pettiaugua,  or  other  Boat,  to  any  of 
the  Stakes,  Buoys,  or  Beacons,  within  the  faid  River,  the  Perfon  fo  ofiending  fhall 
forfeit  and  pay  Five  Pounds,  Proclamation  Money  •,  and  any  Negro  guilty  of  the 
like  Offence,  the  Mafter  or  Owner  of  fuch  Negro  to  be  liable  to  the  like  Forfeiture  j 
to  be  recovered  and  applied  as  other  Fines  by  this  Ad  are  direded. 


CHAP.     XXIV. 

An  Aa  for  ercHing  a  Court-Houfe  and  Prifon,  for  the  Ufe  of  the  Diftri5f  of  Edenton. 

I'rc^mb!;.  J.  -r]|THEREAS  it  is  neceffary  that  a  new  Court-Houfe  and  Prifon  fhould 

YY     be  built  for  the  Ufe  of  the  Diftrid  of  Edcnton  -, 

ccmnniffioners  ij_  ^  £  /^  therefore  Enacted,  hy  the  Governor,  Council,  and  Affemhly,  and  hy  the 
bEgtcouIu  Authority  of  the  fame,  Thzi  Mx.Cullen  Pollock,  Mr.  J ofeph  Hewes,  Mr.  Thomas  Nafi, 
Hou(c,''Gff.  ]y[j..  Edward  Vail,  and  Mr.  iVilliam  Lowther^  be,  and  are  hereby  nominated  and 
appointed  Truftees  and  Diredors,  for  building  and  ereding  a  good  and  convenient 
Court-Houfe,  and  fufficient  Prifon,  for  the  Ufd  of  the  Diftridl;  aforefaid;  and  for 
that  Purpofe,  to  contrad  and  agree  with  proper  Perfons  for  compleating  and  finifh- 
ing  the  faid  Court-Floufe  and  Prilbn,  in  fuch  Manner  as  they  fhall  think  neceffary 
and  conveinienc. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  a  Poll-Tax  of 
One  Shilling  be  levied  on  each  taxable  Perfon  within  the  County  of  Chowan,  and  of 
Four  Pence  on  each  taxable  Perfon  within  the  Counties  of  Currituck,  Pafquotank, 
Perqm;:ions,  Bertie,  Tyrrell,  and  Hertford;  to  be  colleded  for  the  prefent  and  next 
fucceeding  Years,  by  the  Sheriffs  of  the  faid  Counties  relpedively,  and  accounted 

for 


Tax       laid       fi-r 
building     Couit- 


(aj  Seaion  6,  relating  to  thriving  Ballaft  in  the  River,  altered,   by  Ad,  Nov.  1771,  Chap.  11. 


L  A  i^'  S    of    North-Carolina. 


3^5 


for  and  paid  to  the  faid  Truftees  and  Direftors,  at  the  fame  Time,  in  the  fame  Man-  ^-  D.  1766. 
ncr,  and  under  the  like  Penalties,  as  by  Law  is  direcSted  for  collecting,  accounting  ^-— v~— ^ 
for,  and  paying  Public  Taxes. 

IV.     AND  whereas  by  an  Act  of  AfTembly  pafTed  at  Nezvkrfiy  in  the  Year  of   N-'^^g^''''"  .'^''- 
our  Lord  One  Thoufand  Seven  Hundred  and  Fiity  Eight,    for  applying  certain    M%n.udmg'''iL 
Monies,  to  be  collected  on  the  Tonnage  of  Veflels,  to  enable  the  Commiflioners  of   couu-huuu,£ff. 
Port  Roanoke  to  amend  tlie  Navigation  of  the  laid  Port,    and  for  other  PurpoTes ; 
and  whereas  the  faid  Monies  never  have  been,  or  is  there  any  Probability  that  the 
fame  ever  will  be  applied  for  the  Purpoles  aforefaid,  but  ftill  remain  in  the  Hands 
of  the  Commifiioners,  or  the  Receiver  or  the  faid  Duty  :  Be  it  therefore  Enacted,  by 
the  Authority  aforefaid.   That  the  laid  Commiffioners,  and  the  faid  Receiver,  fhall, 
immediately  ircm  and  after  the  palling  of  this  Act,  pay  to  the  Truftees  and  Direc- 
tors for  building  the  i'aid  Court-Houie  and  Prifon,  all  fuch  Sum  and  Sums  of  Mo- 
ney as  fhuU  remain  in  their  Hanas  not  applied  agreeable  to  the  Act  of  Affembly 
aforefaid  ;  and  to  be  replaced  and  refunded  at  luch  Time,  and  in  fuch  Manner,  aa 
the  Governor,  Council,  and  Afitmbiy,  fhall  think  proper. 


Comminioners  to 
f-ilthc„l<iCuutt. 
Houf^. 


apply  the  Monies 
to  building  the 
Cuuit  houfe,£ff. 


V.  nND  he  it  further  Ena-ied,  by  the  Authority  aforefaid.  That  from  and  after 
the  padliig  of  this  Aci,  tiK  faid  Truftees  and  Directors  are  hereby  required  and 
impowered  to  fell  and  di)p<jfe  of,  for  the  belt  Price  that  may  be  had,  the  old  Court- 
Houfe,  Prifon,  and  other  Public  Buildings,  that  are  now  ftanding  on  the  Public 
Lots  in  the  Town  ot  Edentcn. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Truf-    Comit.idionrfs  1 
tees  and  Directors  fliall  apply  all  luch  Monies  as  Ihall  come  to  their  Hands  in  Vir- 
tue of  this  Act,  anu  iuch  other  Sum  or  Sums  of  Money  a  they  fhall  obtain  by  the 
voluntary  Donations  of  Gentlemen  and  others,  towards  building  and  erecting  the 

faid  CouiL-floufe  and  Prifon,  in  fuch  Manner  as  to  the  laid  Truftees  and  Directors 
fhall  feem  moft  convenient. 

VII.  AND  be  it  further  Enacted,   by  the  Authority  aforefaid.  That  before  the    Comr^imonen  to 
faid  Truftees  and  Directors  fliall  enter  upon  their  faid  IVuft,    or  take  into  their    8'v=  Bond. 
Hands  any  of  the  Monies  aforeiaid,  they  Ihali  enter  into  Bond,  in  the  Sum  of  Two 
Thoufand  Pounds,  payable  to  his  Excellency  the  Governor,    and  to  his  Succeflors, 

with  Condition  tor  the  faithful  Difcharge  of  the  feveral  Trufts  in  them  repofed  by  ' 
this  Act ;  and  that  they  will,  from  Time  to  *l'ime,  and  at  all  Times  when  they  fhall 
be  called  upon,  lay  a  juft  State  of  their  Tranfactions  before  the  AlTembly,  or  fuch 
Committee  as  fliall  be  appointed  to  fettle  and  adjuft  the  Public  Accounts ;  which 
Bond  fliall  be  lodged  with  the  Clerk  of  the  Superior  Court  for  the  Diftrict  of 
Edenton. 

VIII.  AND  be  it  Enacted,  by  the  Authority  aforefaid.  That  if  the  Taxes,  or  ^''lff'^f°^J^l 
other  Monies  arifing  in  Virtue  of  this  Act,  fhall  be  more  than  fuflicient  to  compleat  "^pp"-p"*^  « 
the  Buildings  herein  directed,    the  Surplus  thereof  fhall,    by  the  Truftees  herein 

named,  be  paid  to  the  Court  of  each  County,  in  Proportion  to  the  Number  of 
Taxables  collected  from  each  of  the  faid  Counties,  and  paid  by  the  Sheriff'  tj  the 
Truftees. 


C  H  A  P.     XXV. 


jfn  Act  for  joining  the  Navigation  of  Old-Topfiil  Inlet  to  Neufe  River,  ly  cutting  a 
navigable  Canal  from  ths  Head  o/'Harlow'j  Creek  to  Clubfoot'^  Creek. 

I.  T  T  7  H  E  R  E  A  S  the  Navigation  of  the  River  Neufe  is  not  fuflicient  for  Vef- 

VV     ^^^'^  "^  ^rt-a^.  Burthen,  by  Reafon  of  the  fmall  Depth  of  Water  through 

the  Swatch  leading  from  Occacock  Bar  into  the  Sound;  and  the  Inlet  of  Old-To/f ail 

being  very  dk  and  navigable  for  Veflels  of  great  Burthen,  where  they  may  ride 

within 


Preatr.bis 


366 


LAWS     of    North-Carolina. 


^.  D.  1766,  within  the  fame  in  a  fafe  and  commodious  Harbour,  the  Navigation  of  which  may 
be  joined  to  the  River  Neuje,  by  cutting  a  Canal,  a  fmall  Diftance,  from  the  Head 
oi  Harlow's  Creek  to  the  Head  of  Clubfoot's  Creek  : 


CommifTrners 
•app'MiiteJ  for  cu  ~ 
ring  a  Canal. 


ImpowreJ    t 
talcc    Siibfcr^p  i 
OTi',   and  c  mpe 
the      V.iyment 
thereof. 


II.  B  E  it  therefore  Enacted^  by  the  Governor,  Council^  and  jfjjewbly,  and  it  is  hereby 
Ena:;ed  by  the  Authority  of  the  fame.  That  the  following  Perfons  are  hereby  appoint- 
ed CommifTioners,  for  overkeing,  defigning,  and  laying  out  the  faid  Canal,  to  wit^ 
Samuel  Cornell,  John  Sjnith,  Parmenious  Horton,  John  Benners,  James  Davis,  Wil- 
liam Cole,  Richard  Cogdell,  John  Eafion,  Henry  Stanton,  Chrifiophtr  Neale,  and  Wil- 
liam Burden ;  and  that  they,  or  the  Majority  of  them,  are  hereby  conftituted  and 
appointed  Commiirioners  ot  faid  Navigation,  with  full  Power  and  Authority,  to  lay 
oil",  plan,  and  defign,  a  navigable  Canal,  from  the  Head  of  Harlo-w's  Creek  to  Club- 
foot's Creek,  in  the  Manner  that  to  them  fliall  beft  feem  to  perfedt  the  Navigation 
through  the  fame,  and  anlwer  the  Intention  of  this  Aft. 

III.  AND  whereas  many  Public  fpirited  Gentlemen,  being  willing  to  further  a 
Work  of  fuch  an  intereiling  Nature  to  a  commercial  Country,  have  offered  to  con- 
tribute to  the  fame,  by  eitiier  paying  in  Sums  of  Money,  or  fending  their  Slaves  to 
work  in  cutting  the  iaid  Canal ;  Be  it  therefore  Enacted,  by  the  Authority  aforefdid. 
That  the  faid  Commiffioners,  or  the  Majority  ol  them,  are  hereby  impowered,  from 
Time  to  Time,  to  receive  Subfcriptions  from  any  Perfon  or  Perfons  who  may  be 
willing  to  contribute  to  the  faid  Undertaking-,  and  that  when  any  Sum  or  Sums  of 
Money  may  be  fubfcribed  thereto,  and  the  fame  fhall  not  be  regularly  paid,  the 
faid  Commiflioners,  or  the  Majority  of  them,  are  hereby  direfted  and  required,  to 
commence  Atlions  for  the  iame,  in  any  Court  of  Record  of  this  Province,  havino- 
Cognizance  thereof;  and  to  prolecute  the  fame  to  a  full  Recovery  of  all  fuch  Sum 
or  Sums. 


To  employ  Hands 
to  work  on  the 
t'.inal,  and  .ip- 
point  Ovcift.crs. 


Canal  may  be  car  • 
tied  thriiu^h  any 
Pcifuns  Lands, 


IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  when  the  faid 
Commiffioners  fhall  have  defigned  and  laid  out  the  faid  Canal,  and  fhall  have  re- 
ceived any  Subfcriptions  of  Monies  to  carry  on  the  fame,  tliat  they  immediately 
employ  Hands  to  work  on  the  faid  Canal,  at  the  moft  reafonablc  Rates  that  may  be 
got,  and  appoint  fuch  and  fo  many  Overfeers  of  the  faid  Work  as  they  fhall  think 
neceffary  for  conducting  the  fame :  And  that  the  faid  Commiffioners,  as  often  as 
may  be  neceffary,  are  hereby  diredted  to  meet  at  fome  convenient  Place,  to  give 
neceffary  Orders  and  Directions  towards  furthering  the  faid  Canal. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fhall  and  may 
be  lawful  for  the  faid  Commiffioners,  and  they  are  hereby  authorized  and  impower- 
ed, to  cut  the  faid  Canal  through  any  Perfons  Land,  where  it  fhall  be  neceffary  to 
continue  and  carry  the  fame  ;  any  Law,  Ufage,  or  Cuflom,  to  the  contrary  not- 
withftanding. 


Private, 


CHAP.     XXVI. 

An  Act  to  impczver  the  Churchwardens  and  Veftrymen  of  St.  John'j  Barijh,  in  the  County 
of  Bute,  to  appropriate  the  Surplufjage  Money  levied  for  erecting  the  public  Buildings  in 
J  aid  County,  to  the  Ufe  of  the  faid  Par  if)  of  St.  JohnV, 

I.  "^TTHEREAS  by  an  Act  of  Affembly,  intituled,  AnActforerectirgPartof 
y  Y  St.  Philip'j  P^r?/??,  in  New- Hanover  County,  and  the  lower  Part  <?/ Bladen 
County,  into  ajeparate  County,  by  the  Name  o/Brunfwick  County;  and  for  dividing  the 
County  c/ Granville,  and  erecting  that  Part  thereof  St.  John's  Parifo,  into  a  feparaie 
anddiftinct  County,  by  the  Name  o/Bute  County,  a  Poll  Tax  of  Three  Shillings,  Pro-- 
clamation  Money,  per  Annum,  for  Two  Years,  was  levied  on  each  taxable  Perfon 
in  the  faid  County  of  Bute,  for  the  Purpofe  of  erecting  and  building  a  Court-Houfe, 
Prifon,  Pillory  and  Stocks,  for  the  Uie  of  the  faid  County  of  Bute-,  which  faid  Tax, 
when  collected,  was  directed  to  be  paid  into  the  Hands  of  Mr.  Solomon  nljlon,   Mr. 

William 


LAWS    of    North-Caroliha. 


;"7 


Siirijl'ii 
applud. 


Mon;j 


TFtUiam  Johnjion^  and  Mr.  Julius  Nichols,  or  a  Majority  of  them,  Commiffioners  A.  D.  1766. 
appointed  for  erecting  and  building  the  Court-Houfe,  Prifon,  Pillory  and  Stocks ; 
and  that  the  Overplus  of  the  Money  arifing  from  the  faid  Tax,  after  finilLino-  and 
coinpleating  the  faid  Buildings,  was  by  the  laid  Ad  directed  to  be  accounted  lor  by 
the  laid  Commiffioners  to  the  Jutlices  of  the  faid  County  of  Bale,  and  applyed  to- 
wards defraying  the  contingent  Charges  of  the  faid  County  :  And  whercas  diere  is 
a  confiderabie  Sum  of  Money,  arifing  from  the  laid  Tax,  after  paying  for  the  faid 
Buildings,  ftill  remaining  in  the  Hands  of  the  aforcfaid  Commiffioners,  unaccount- 
ed for  by  them  to  the  J  urtices  of  the  faid  County  ;  and  the  prefenc  Gaol  of  the  faid 
County  being  tound  iniulHcicnt : 

II.  B  E  it  Enacted^  by  the  Governor,  Council,  and  Ajfemhly,  and  hy  the  Authority 
of  the  farae.  That  luch  Surplus  Money  fo  anting  and  remaining  as  atorcfaid,  Ihall 
be  applied,  in  the  Firit  Place,  to  the  building  and  ereding  of  a  good,  ilrong,  and 
lufficient  Gaol,  ior  the  faid  County,  upon  luch  Plan,  and  in  fucli  Manner,  as  may 
be  agreed  on  by  a  Majority  of  the  Commiffioners  atorcfaid  ;  which  Gaol  ihall  be 
contracted  for  and  fiiuihed  under  the  like  Directions  and  Regulations,  as  the  other 
Public  Buildings  in  the  faid  County,  by  the  laid  before  menaoncd  Ad,  arc  dired- 
cd  to  be  built. 

III.  BE  it  further  EnaEied,  hy  the  Authority  afcrefaid.  That  the  Hiid  Solomon 
Alfion,  Wtllimn  Johnjion,  and  Julius  Nichols,  CommilFioners  as  atorcfaid,  are  hereby 
direded  and  required,  to  account  for  the  Money,  colleded  by  faid  Tax,  within  the 
Inferior  Court  of  the  laid  County  of  Bute ;  and  to  pay  over  what  ever.  Surplus  may 
be  remaining  in  their  Hands  (alter  paying  for  the  Public  Buildings  already  ercdcd 
in  the  faid  County,  and  the  Gaol  by  this  Act  directed  to  be  built)  into  the  Hands  of 
the  Churchwardens  of  St.  John's  Pariffi,  in  the  faid  County  of  Bute ;  by  them  to  be 
applied  towards  defraying  the  Parilh  Charges ;  any  Law  to  the  contrary  notwith- 
ftandins:. 


Comm'.rnoners  to 
actuunt  fur  it. 


IV.  AND  he  it  further  EnaBed,  hy  the  Authority  aforefaid,  Tliat  in  Cafe  the  faid 
Commiffioners,  or  any  of  them,  fiiall  lail,  neglect,  or  relule,  to  account  for  and  pay, 
as  in  and  by  this  Act  directed,  the  Overplus  of  the  faid  Tax ;  that  then  it  Ihall  and 
may  be  lawful  for  the  Superior  Court  of  the  Diltrict  oi  Hulifax,  on  Motion  of  the 
Churchwardens  and  Veftrymen  ot  St.  John'^  Parilh,  to  give  Judgment  againft  the 
faid  Commiffioners,  or  the  Survivor  or  Survivors  of  them,  for  all  fuch  Sums  of 
Money  as  he  or  they  Ihall  have  in  his  or  their  Hands,  unaccounted  for,  with  Cofts, 
and  to  award  Execution  thereon  :  Provided  fuch  Commiffioner  or  Commiffioners 
have  Ten  Days  previous  Notice  of  fuch  Motion. 


Melhofl  of  Reco.. 
very  ai?jinft  the 
Coiriauliiunets, 


CHAP.    XXVII. 

An  A51  for  afcertainlng  the  Boundary   Lines  het-jueen  the  Counties  of  New- Hanover, 

and  Duplin. 

I 

tained 


WHEREAS  Difputes  daily  arife  between  the  Inhabitants  of  Neiv-Hanover   p.wat:. 
and  Duplin,  by  Reafon  of  the  Boundary  Line  not  being  fufficiently  afcer- 


II.     BE  it  therefore  Enabled,  hy  the  Governor,  Council,  and  /Ifjemhly,    and  hy  the       Commiffioners 
Authority  of  the  fame.  That  the  Honourable  John  Sampfon,  Efq;  John  AfJjc,  Felix    'pp"'"^'"!    <  for 
Kennon,  and  Alexander  Lillinpon,  Elquires,  are  hereby  appointed  Commiffioners  for    v"d."ng  LinJ.*  ^'* 
running  out  the  dividing  Line  between  the  faid  Counties  of  Duplin  and  New  Hano- 
ver; which  faid  Commiffioners,  or  any  Three  of  them,  fhall  meet  on  fome  Time 
within  Six  Months  after  the  paffing  of  this  Ad,  and  fhall  run  and  lay  off  the  Boun- 
daries between  the  faid  Counties,  in  the  following  Manner,  to  zvit.    That  RockffJi 
Creek  fliall  be  the  Boundary,  from  the  Mouth  thereof  to  where  DoSfcrs  Creek 
branches  from  the  famej  then  up  Dotlor\  Creek  one  Mile  above  the  Houfe  of  Mr. 

George 


268  LAWS    of    North-Carolina. 


A.  D.   1766.    George  Maires ;  thence  running  a  direft  Line  to  the  Corner  made  by  Jrlhur  M'Coy^ 

^-—v-— '     on  South  River  •,    and  the  iaid  Line  when  run,  fliall  for  ever  after  be  deemed  the 

Boundary  Line  between  the  laid  Counties  of  New  Hanover  and  Duplin. 

County  of  Dupiia        i\\^     AND  h  it  further  Ena5led,  hy  the  Authority  aforefaid^  That  the  Juftices  of 
pen'le.''^  the  Ex-    ^^^  ^^^^^  ^^  ^^^  ^-^.^^  County  of  DitpUn,  ate  hereby  impowered  and  diredted,  to  de- 
fray the  Expence  of  running  the  faid  dividing  Line  out  of  the  County  Tax. 

Not  fodeHar  t>,e  IV",  AND  hc  it  furthdT  Ena5fed,  hy  the  Authority  aforefaid^  That  nothing  herein. 
feft'ng  TaTesIs  containcd  Ihall  be  conftrued  to  debar  the  Sheriff  ot  New  Hancvcr  County,  as  the 
befnre  the  Divi-  fame  now  (lands,  to  m.ike  Diftrefs  for  any  Levies,  Fees,  or  other  Du.s,  that  are 
"'"'•  due,  or  that  fhall  be  due  the  Tenth  Day  of  March  next,    from  the  Inhabitants  of 

the  faid  County  of  New  Hanover  •,  but  that  he  may  make  Diftrefs  in  the  fame  Man- 
ner as  by  the  Law  the  faid  Sheriff  could  or  might  have  done,  if  the  faid  dividing 
Lines  had  remained  witholU  Alteration  •  and  the  faid  Levies,  Fees,  or  other  Dues,- 
fli.dl  be  colle6ted  and  accounted  for  in  the  fame  Manner  as  if  this  Ad  had  never 
been  made ;  any  Thing  herein  contained,  to  the  contrary,  noiwithftanding. 

CHAP.     XXVIII. 

An  Act  to  encourage  Benjamin  Heron,  £/^-,  to  build  a  Bridge  over  the  North  Eaft 
Branch  of  Cape  Fear  River^  at  or  near  the  Place  where  the  Ferry  is  7%ow  kept  by 
Edward  Davis, 

Private,  I.  'ITTHEREAS  a  Bridge  over  the  North  Eaft  Branch  of  Cape  Fear  River, 

YY  at  or  near  the  Place  where  the  Ferry  is  now  kept  by  Edward  Davis, 
would  be  much  for  the  Conveniency  of  all  Travellers ;  and  as  the  Land  on  both 
Sides  the  River  belongs  to  Benjamin  Heron,  Efq;  the  i^\A  Benjamin  Heron  is  defirous 
of  building  a  Bridge  there  at  his  own  Expence,  on  Condition  that  the  Benefit  thereof 
be  vefted  in  him,  his  Heirs  and  Afiigns,  for  ever : 

BnJgetobt'ouiif,  II.  BE  it  therefore  Enacted,  by  the  .Governor,  Council,  and  Affembly,  and  by  the 
Authority  of  the  fame.  That  it  ftiall  and  may  be  lawlul  for  the  iaid  Benjamin  Heron, 
his  Heirs,  Executors,  Adminiftrators,  or  Affigns,  toereft  and  build  a  good,  ftrcng, 
and  fubftantial  Bridge,  over  the  North  Eaft  Branch  of  Cape  Fear  River,  as  near  as  he 
conveniently  can  to  the  Place  where  the  Ferry  is  now  kept  by  Edward  Davis ; 
which  Bridge  ftiall  have  one  wide  Arch  of  Thirty  Feet  for  Ratts  and  Pettiauguas  to 
pafs  through,  and  Six  Feet  high  above  high  Water  Mark,  and  be  made  to  draw  up 
occafionally,  for  the  Navigation  of  Veflels  of  larger  Burthen  ;  and  after  building 
and  ereding  the  faid  Bridge  as  aforefaid,  it  ftiall  and  may  be  lawful  for  the  faid  Ben- 
jamin  Heron,  his  Heirs,  Executors,  Adminiftrators,  or  Afligns,  to  keep  a  fufficient 
Gate  thereon,  and  take  and  receive  from  all  Perfons  that  ihall  pafs  over  the  fame 

Rates  of  Toll.  the  following  Rates,  that  is  to  fay:  For  every  Man  and  Horie,  Six  Pence  j  for 
every  four  Wheel  Carriage,  drawn  by  Two  Horfes  or  Oxen,  Two  Shillings ;  and 
for  every  two  Wheel  Carriage,  drav/n  by  one  or  two  Horfes  or  Oxen,  One  Shilling ; 
and  for  every  Florfe  or  Ox  more.  Four  Pence  each  •,  and  for  every  Head  of  neat 
Cattle,  Three  Half  Pence ;  and  for  every  Twenty  Hogs  or  Sheep,  Eighteen  Pence, 
and  fo  in  Proportion  for  a  greater  or  lefter  Numiber  of  Hogs  or  Sheep ;  and  for  all 
Travellers  on  Foot,  Four  Pence  each. 


kept    wiihin   fix 
Miles. 


No  Ferry  to  b=  HI.  /J N D  be  it  furthc/  EnaHcd,  by  the  Authority  aforefaid.  That  after  the  faid 
Bridge  is  fo  built  and  completely  eredled  as  aforefaid  (provided  it  ftiall  be  compleated 
within  Four  Years  after  the  pafling  this  Act)  it  ftiall  not  be  lawful  lor  any  Perfon 
whatfoever  to  keep  any  Ferry,  build  any  Bridge,  or  fet  any  Perfnn  or  Perfons,  Car- 
riage or  Carriages,  Cattle,  Hogs,  or  Sheep,  over  the  laid  River,  for  Fee  or  Reward, 
within  Six  Miles  of  the  fame,  under  the  Penalty  of  Twenty  Shillings,  Proclamation 
Money,  for  each  and  every  Offence  -,  to  be  recovered  by  a  Warrant  by  the  faid  Ben- 
jamin Heron,  his  Heirs,  Executors,  Adminiftrators,  or  Affigns,   before  any  Magif- 

trate 


L    A   JV  S      o/'      N  O  R  T  H  -  C  A  R  O  L  1  N  A,  369 


trate  of  the  County  of  New  Hanover ;  to  be  applied  to  the  Ufe  of  the  Proprietor  of    ^-  D.   1766. 
th'e  faid  Bridge,  at  the  Time  of  the  Offence  being,  committed.  w^-v-— ' 

IV      AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  when  the  faid    nndse  to  be  kept 
Brido-'e  fhall  be  built  and  ereded  as  aforefaid,  the  faid  Benjamin  Heron,  his  Heirs,    '°  ^'P'"' 
Exec^utors,  Adminiftrators,  or  AiTigns,  Hiall  for  ever  thereatter  keep  the  fame  in 
fTood  Order,  and  fit  for  paffing  over  •,  and  in  Cafe  of  any  Negleft,  fhail  be  fubject 
fo  the  fame  Pains  and  Penalties  as  other  Keepers  of  Public  Bridges  and  Femes  are 
liable  to  by  the  Laws  of  this  Province. 


CHAP.     XXIX. 

Jn  Act  for  confirming  a  Leafe  made  by  the  Tufcarora  Indians  to  Robert  Jones,  Jm. 
William  Williams,  and  Thomas  Pugh,  Efqidres. 

I    T^THEPv-EASa  Number  of  the  Tufcarora  Indians,  being  defirous  of  re-   Private, 

YY  moving  themfelves  from.their  Lands  on  lioanoke  River,  in  Bertie  County, 
in  this  Province,  and  fettling  and  incorporating  themielves  with  the  Nations  of  In- 
dians on  the  Jxiver  Sufqjiehannah ;  and  whereas  the  faid  Tufcarora  Indians,  in  order 
to  defray  the  Expence  of  removing  themfelves  and  their  Euects  from  this  Province 
to  the  Settlements  on  the  faid  River  Sufquebannah,  did,  on  the  Twelfth  Day  of  Julyy 
in  the  Year  One  Thoufand  Seven  Hundred  and  Sixty  Six,  for  the  Confideraticn  of 
Fifteen  Hundred  Pounds,  Proclamation  Money,  before  that  Time  paid  and  ad- 
vanced to  them  the  faid  Tufcarora  Indians,  by  the  faid  Robert  Jones,  miliam  mili- 
ars, and  Tho:r,as  Pugh,  by  an  Indenture,  under  the  Hands  and  Seals  of  James  Allen^ 
John  IViggins,  Bi'ly  George,  Snip  Nofe  George,  Billy  Cain,  Charles  Cornelius,  Thomas 
Blount,  JohnRoiers,  George  Blount,  Wimoak  Charles,  Billy  Be Jket,  Billy  Owen,  Lewis 
Tuffdick,  Ijaac  Miller,  Harry,  Samuel  Bridgcrs,  Thomas  Seneca,  Thomas  L  owit,  Billy 
Sockt;,  ^Biily  Cornelius,  John  Seneca,  Thomas  Bajket,  John  Cain,  Billy  Dennis,  miliam 
Taylor,  Owens,  John  l^Falker,  Btlly  Mitchell,  Billy  Netop,  Billy  Blount,  1cm  Jack,. 
John  Ll^htwood,  Billy  Roberts,  James  Mitchell,  Captain  Joe,  and  William  Pugh, 
Chieftains  and  Headmen  of  the  faid  Nation  of  Tufcarora  Indians,  for  and  on  Behalf 
of  themfelves  and  the  Reft  of  the  Indians  of  the  faid  Tujcarora  Nation,  on  the  one 
Part,  and  the  faid  Robert  Jones,  miliam  r/iUia-ms,  and  Thomas  Pugh,  of  the  other 
Part'  did  demife,  grant,  and  to  Farm  let,  a  certain  Dividend  of  Land,  fituate  and 
lying  on  Roanoke  River,  in  the  County  aforefaid,  containing  about  Eight  Thoufand 
Acres,  be  the  fame  more  or  lefs,  and  bounded  as  follows,  to  wit.  Beginning  at  the 
Mouth  of  Deep  Creek,  otherwife  called  Falling  Run  •,  thence  running  up  the  faid 
Creek  to  the  Indian  Head  Line;  thence  by  the  laid  Line,  South  Fifty  Seven  De- 
grees Eaft,  One  Thoufand  Two  Hundred  and  Eighty  Poles ;  thence  a  Courfe  pa- 
rallel with  the  general  Current  of  the  faid  Creek  to  Roanoke  River  aforefaid,  and  up 
the  River  to  tlS  Beginning;  together  with  all  Trees,  Timber  Trees,  Woods,  Un- 
derwoods, Ways,  Waters,  and  Appurtenances  whatfoever  to_  the  faid  Dividend, 
Traa  or  Parcel  of  Land,  be-longing,  or  in  any-wife  appertaining:  To  have  and 
TO  HOLD  the  faid  Dividend,  TraCt  or  Parcel  of  Land,  with  all  and  fingular  the  Ap- 
purtenances, \xnio\\\t  {i\\<\  Robert  Jones,  William  IFilliams,  and  Thomas  Pugh,  their 
Executors,  Adminiftrator?,  or  Afiigns,  without  Impeachment  oi  Wafte,  to  be  by 
the  faid  Robert  Jones,  miliam  IViiliams,  and  Thomas  Pugh,  refpedively,  their  Exe- 
cutors, Adminiftrators,  and  Afligns,  held  and  enjoyed  in  Severalty;  that  is  to  lay. 
One  Thid  Part  of  the  laid  Dividend,  Trad  or  Parcel  of  Land,  into  Three  equal 
Parts  to  be  divide."!,  unco  the  laid  Robert  Jones,  his  Executors,  Adminiftrators,  and 
Africans;  one  other  Third  Part  thereof,  the  fame  into  Three  equal  Parts  to  be  divided, 
unto°the  faid  IVilliam  mUliams,  his  Executors,  Adminiftrators,  and  AfTigns  ;  and 
the  remalnincr  I'hird  Part  thereof,  the  fame  into  Three  equal  Parts  to  be  divided, 
unto  the  {Mlhomas  Pugh,  his  Executors,  Adminiftrators,  and  Afligns ;  from  the 
faid  Twelfth  Day  of  July,  in  tlie  Year  aforeiaid,  for  and  during  the  Term  of  One 
Hundred  and  Fifty  Years,  I'rom  thence  next  enfuing,  and  fully  to  be  compleated 
and  ended,  the  faid  Robert  Jones,  William  Williams,  and  Thom.as  Pugh,  their  Execu- 

A  a  a  tors, 


370  LAWS    of    North-Carolina. 

A.  D.   i-jSG.    tors,  Adminiftrators,  and  Afligns,  yeilding  and  paying  therefore  yearly,  and  every 
u»«=»v"*~-^     Year,  during  the  faid  Term,  to  the  laid  Tiijcarora  Indians,  and  their  Afligns,  one 
Pepper  Corn,  if  demanded,  at  or  upon  the  Feaft  of  St.  Michael  the  Archangel. 

II.  AND  whereas  the  faid  Nation  of  Tufcarora  Indians  are  dtfirous  that  the 
Indenture  of  Leafe  made  between  the  faid  James  /illen,  John  Wiggins,  Billy  George^ 
Snip  Nofe  George,  Billy  Caifj,  Charles  Cornelius,  Thomas  Blount,  John  Rogers,  George 
Blount,  Wineoak  Charles,  Billy  Bajket,  Billy  Owen,  Lewis  Tvffdick,  Ijaac  Miller, 
Harry,  Samuel  Bridgers,  Thomas  Seneca,  Thomas  Howit,  hilly  Sockey,  Billy  Cori:elius, 
John  Seneca,  Thomas  Bajket,  John  Cain,  Billy  Eennis,  W'dliam  Taylor,  Owens,  John 
Walker,  Billy  Mitchell,  Billy  Net  op,  Billy  Blount,  Tom  'jack,  John  Lightwocd,  Billy 
Roberts,  Ja^nes  Mitchell,  Captain  Joe,  and  William  Pugh,  Chiei tains  and  Headn.en 
of  the  laid  Nation  of  Tufcarora  Indians,  and  the  laid  Robert  Jones,  William  Williams, 
and  Thomas  Pugh,  Ihould  have  the  Force  and  Validity  of  an  Ad  of  Allcmbly  ;  and 
that  it  Ihall  be  lawful  for  the  faid  Robert  Jones,  William  Williams,  and  1  hotnas  Pugh, 
their  Executors,  Adminiftrators,  and  Afligns,  to  enter  upon,  occupy,  pofleis,  rnd 
enjoy  the  faid  Dividend,  Tradl  or  Parcel  of  Land,  demiied  as  aforefaid,  witliuut 
the  Let,  Hinderance,  or  iVIoleftation  of  any  Perfon  or  Perfons  whatlbcver,  arid 
without  incurring  any  Penalties  whatfoever,  by  Rcafon  of  their  fo  entering  upon, 
occupying,  poflefllng  and  enjoying  the  faid  Trad  or  Parcel  of  Land,  and  Vvithouc 
Impeachment  of  Wafte. 

III.  AND  whereas  the  faid  Robert  Jones,  fince  the  faid  Twelfth  Day  oi  July, 
in  the  Year  aforefaid,  hath  departed  this  Lite,  having  firft  made  his  lafl  Will  and 
Teftament,  and  therein  and  thereby  bequeathed  his  Propcrtion  and  Share  of  laid 
Trad  or  Parcel  of  Land,  dtmifed  as  aforefaid,  unto  his  Sons  /Jlen  Jones  and  Willie 
Jones,  their  Executors,  Adminiftrators,  and  AfTigns : 

inirnture  ratifi-  IV.  _g  ^  //  therefore  Enacted,  by  the  Governor,  Council,  and  AffemUy,  and  by  the 
Authority  of  the  fame,  and  it  is  hereby  EnaSed,  That  the  faid  Indenture  of  Demife  is 
hereby  ratified  and  confirmed ;  and  that  it  fliall  and  may  be  lawful  for  the  iaid 
Allen  Jones  and  Willie  Jones,  in  Right  of  the  faid  Robert  Jones,  the  faid  William 
Wil'mms,  and  T^homas  Pugh,  their  Executors,  Adminiftrators,  and  Afligns,  to  enter 
upon,  occupy,  poffefs,  and  enjoy  the  faid  Dividend,  Trad  or  Parcel  of  Land,  ac- 
cording to  the  Form  and  Efied  of  the  faid  Indenture  of  Demife;  that  is  to  fay. 
That  it  fhall  and  may  be  lawful  for  the  faid  Allen  Jones  and  Willie  Jones,  their  Exe- 
cutors, Adminiftrators,  and  Afligns,  to  enter  upon,  occupy,  poflTcis,  and  enjoy, 
one  Third  Part  of  the  faid  Dividend,  Trad  or  Parcel  of  Land,  the  fame  into  Thire 
equal  Parts  to  be  divided,  for  and  during  the  Term  aforefaid  ;  the  faid  Wilham 
Williams,  his  Executors,  Adminiftrators,  and  Afligns,  to  enter  upon,  occupy, 
pofTefs,  and  enjoy,  one  Third  Part  thereof,  the  fame  into  Three  equal  Parts  to  be 
divided,  for  and  during  the  Term  aforefaid  ;  and  the  faid  Thomas  Pugh,  his  Exe- 
cutors, Adminiftrators,  and  Afligns,  to  enter  upon,  occupy,  poflTefs,  and  enjoy, 
the  remaining  Third  Part  thereof,  for  and  during  tlie  Term  aforefaid. 

rrpf'from  the        V-     AND  be  it  further  EnaJ^ed,  by  the  Authority  aforefaid.    That  the  {aA  Allen 
I'c.i.uie.  „f  an    Jones,  Willie  Jones,  William  Williams,  and  Thomas  Pugh,  their  Executors,  Admini- 
Aao/Airembiy,    ^^^^^^.g^  ^^j  Afligns,  are  hereby  exempted  from  the  Penalties  of  an  Ad  of  Afiem- 
bly,  pafied  at  Ncwbern  the  Fifteenth  Day  of  OHober,  in  the  Year  of  our  Lord  One 
Thoufand  Seven  Hundred  and  Forty  Eight,  intituled,  An  A£i  for  afcertair.ing  the 
Bounds  of  a  certain  Tract  of  Land,  formerly  laid  out  by  Treaty  j or  the  Ufe  of  the  Tufca- 
rora Indians^  fo  long  as  they,  or  any  of  them,  fhall  occupy  or  live  upon  the  fame ;  and 
to  prevent  any  Perfon  or  Perfons  taking  up  Lands,  or  fettling  within  the  faid  Bounds, 
by  Pretence  of  any  Purchafe  or   Purchafes  tnade,    or  that  fJoall  be  made,   from   the 
faid  Indians :     And   that  it  fhall   and   may   be  lawful   for  the   faid  Allen  Jones 
and  Willie  Jones,  William  Williams,  and  Thomas  Pugh,  their  Executors,  Admini- 
ftrators, and  Afligns,  to  occupy,  poflefs,  and  enjoy,  the  laid  Dividend,  Trad  or 
Parcel  of  Land,  demifed  as  aforefaid,  during  the  Term  aforefaid,  without  Impeach- 
ment 


L    A   IV  S      of     NoitTH-CAROLINA.  37I 

ment  of  Wafte,  and  wichout  the  Let,  Moleftation,  or  Hinderance,  of  any  Perfon    '^^  D.   1766. 
or  Perfons  whatfoever.  w-*v->*a> 

VI.  PRO FI DEB  always,  and  he  it  EnaSled,    hy  the  Authority  aforesaid.  That  Not  to;rv3!idit6 
n  'thing  herein  contained  fliall  be  conltrued  io  as  to  invaUdate  the  Title  or  Titles  of  m',drbc?,r?Oii! 
any  Perfon  or  Perfons  who  have  obtained  any  Grant  or  Grants  for  any  Trafts  or  n>  1748. 
Parcels  of  Land  within  the  Limits  or  Buundaries  of  the  Land  of  the  faid  Tufcarora 

Lidians,  before  the  faid  Fifteenth  Day  oi  October.,  One  Thoufand  Seven  Hundred 
and  Forty  Eight. 

VII.  PROVIDED  alfo,   and  it  is  hereby  Enacted,  hy  the  Authority  aforefaid^   Qu^trentu  ie'av» 
That  the  faid  allien  Jones  and  IVillie  Jones,    IViiliam  Wtlliams,    and  Thomas  Pugb,   "** 

their  Executors,  Adminiftrators,  and  Affigns,  (hall  yearly,  and  each  Year,  during 
the  Term  aforelaid,  on  the  Twenty  Firtl  Day  of  March,  pay  to  the  Rio-ht  Honour- 
able Earl  Granvi'le,  his  Heirs  and  Affigns,  a  Quitrent  §f  P'our  Shillings,  Procla- 
mation Money,  for  every  Hundred  Acres  of  Land  contained  within  the  Limits  or 
Boundaries  of  the  Lands  demiied  as  aforeiaid  :  And  in  Cafe  the  faid  Quitrents  fhall 
be  in  Arrear  at  any  Time  within  the  Term  aforefaid,  that  then  it  fhall  and  may  be 
lawful  for  the  faid  Earl  of  Granville,  his  Heirs  and  Affigns,  to  ilie  for  and  recover 
all  fuch  Arrearages  of  Rent,  of  and  from  the  iaid  Allen  Jones,  Willie  Jones,  William 
Williams,  and  "Thomas  Pugh,  their  Executors,  Adminiftrators,  and  Affigns  bv  all 
lawful  Ways  and  Means  whatfoever. 

S  1  G.N  E  D     by 

William  Tryon,  Efq;  Governor, 

James  Hafelt,  Prefident. 

John  Harvey^  Speaker. 

Read  Three  Times,  and  ratijiedin  open  AJfemhly,  1 
the  iji  Day  of  Dec.   1766.  J 


A  a  a  2  ANNO 


372 


LAWS    of    North-Carolina. 


jS.  D.    1768. 


%#  %^  %#  %#  kj    %#;r-^%#  %#  %^  %.#  ij  %'# 
#%  #%  #%  #%  #%  ^%5«LJ«(^^  ^%  ^    ^^    ^    §% 


ANNO       REGNI 


G  E  O  R 


I  I    III. 


REGIS, 

MAGN^    BRITANNIiE,     FRANCItE,    &    H  I  B  E  R  N  I  iE, 

OCTAVO. 

wn^LlAM  ^j  an  ASSEMBLY,  begun  and  held  at  h^ewhern  the  Third  Day 
non  °^"'  of  November,  in  the  Seventh  Year  of  the  Reign  of  cur  Sovereign, 
Lord  GEORGEthQ  Third,  by  the  Grace  of  God,  of  Great-Britain 
France,  and  Ireland,  King,  Defender  of  the  Faith,  &c.  and  in  the 
Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty-fixj 
and  from  thence  continued,  by  Prorogation,  to  the  Fifth  Day  of  De- 
cember, in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Sixty-fevcn  :  Being  the  Second  Seflion  of  this  prefent  AfTembly. 


preamble. 


C  H  A  P.     I. 

An  Act  for  dividing  this  Province  into  Six  fever  al  Bifricts,  and  for  efiabliping  a  Superior 
Court  of  Juftice  in  each  of  the  faid  Dijlricts,  and  regulating  the  Proceedings  therein ; 
and  for  providing  adequate  Salaries  for  the  Chief  Jujtice,  and  the  JJfociate  JujUces  of 
the  f aid  Superior  Courts,     (a) 

L  TT  7HEREAS  the  eflablifhing  Superior  Courts  of  Juftice  within  this  Pro- 
Y  V     vince,  cannot  but  be  productive  of  Eafc  and  Convenience  to  the  Inhabi- 
tants thereof,  and  muft  neceffarily  tend  to  a  due  and  regular  Adminiflration  of  pri- 
vate as  well  as  public  Juftice : 

SSied.^"""  II.  BE  it  therefore  Enacted^  by  the  Governor^  Council^  and  AffembJy,  and  by  the 
Authority  of  the  fame.,  That  from  and  after  the  paflingof  this  Act,  this  Province  be, 
and  Hand  divided  in  Six  feveral  Diftncts  ;  that  is  to  fay.  The  Wilmington^  Newbern^ 
Edenton,  Halifax,  Hillfhorough,  and   Salifbury  Diftricts ;  in  each  of  which  a  Court 

tor 

(a)  See  Ad  Nov.  1768,  Chap.  5,  for  amending  and  explainig  this  Aft. 


LAWS    of    North-Carolina. 


373 


it6S. 


Their  Power, 


for  the  Tryal  of  Caufes,  Civil  and  Criminal,  fliall  be  eftablifhed,  by  the  Name  of  ^^-  D 
the  Superior  Court  of  Juftice  for  that  Dillrict  in  which  the  fame  fhall  be  held  ; 
which  Courts  fhall  confift  ot  the  Chief  Jultice  for  the  Time  being,  and  Two  Aflb- 
ciate  Juitices,  Men  of  Ability,  and  learned  in  the  Law,  whom  the  Governor  or 
Commander  in  Chief  for  the  Time  being  fhall  conftitute  and  appoint,  who  fhall 
have  Cognizance  and  legal  Jurifdictipn  of  all  Suits  and  Fleas,  real,  perfonal,  and 
mixt ;  and  alio,  of  all  Suits  and  Matters  relative  to  Legacies,  filial  Portions,  Eflates 
of  Inteftates,  all  Pleas  of  the  Crown,  whether  for  Treafons,  Felonies,  Breaches  of 
the  Peace,  or  other  Crimes  or  TranfgrefTions,  of  what  Nature  or  Degree  foever, 
whether  brought  before  them  by  original  or  niefne  Procefs,  or  by  Writ  of  Error, 
or  Appeal  from  any  Inferior  Court,  or  by  any  other  Means  or  Procels  whatfoever ; 
and  they  are  hereby  declared  to  have  full  Power  and  Authority  to  give  Judgment 
therein,  and  to  award  Execution,  and  all  neceffary  Procefs  thereupon  ;  and  to  make 
Orders  for  iffuing  Letters  Teftamentary,  and  Letters  of  Adrrtiniflration  ;  and  fliall 
have,  ufe,  exercife,  and  enjoy,  the  fame  Powers  and  Authorities,  Rights,  Privile- 
ges, and  Preheminences,  as  are  had,  ufed,  exercifed,  and  enjoyed,  by  the  Chief 
Juftice,  or  any  of  his  Majefty's  Jullices  of  the  Courts  of  Weftminjkr  in  England: 
And  in  Cafe  of  the  Death  or  Abfence  of  the  Chief  Juflice,  or  either  of  the  other 
Juftices,  it  fhall  and  may  be  lawful  for  any  one  or  more  of  the  faid  Juflices,  by 
himfelf  or  themfelves,  to  hold  any  of  the  faid  Courts-  and  to  take  Cognizance  of  all  ^^'= ""» 
Matters  in  the  fame  depending,  and  give  Judgment  and  award  Execution,  in  the 
fame  Manner  as  might  have  been  done  in  Cafe  the  Chief  Juftice,  and  the  Two  other 
Juftices,  had  been  all  prefent  in  Court. 

III.     AND  he  it  further  Enacted,  by  the  Authority  (jforefaid.  That  the  Chief  Juf-    Th^ir  Power  to 
tice,  or  either  of  the  AfTociate  Juftices,  may,  as  well  within  Court  as  without,  take   o'^'j/"'^^^"'*  °^ 
the  Probate  or  Acknowledgment  of  Deeds,  or  Letters  of  Attorney,  and  the  private      '    ' 
Examination  of  Feme  Coverts,  as  hath  heretofore  been  done  by  the  Chief  Juftice 
in  the  like  Cafes  -,  and  fuch  Alfociate  Juftice  is  hereby  authorized,  to  take  and  re- 
ceive the  fame  Fees  and  Perquifites,  as  the  Chief  Juftice  is  incitled  to  for  the  like 
Services  -,  which  Proof  fhall  be  deemed  equally  good  and  valid  in  Law,  as  if  taken 
in  any  Court  of  Record  ;  any  Law  or  Ufage  to  the  contrary  notwithftandino-. 


One  of  tlie  Ji- di- 
ce', tn  hiilH  0..urt 
in  the  Ahfcnce  of 


Ot  th/"  Diatf)  of 
A'.rxistcs,  Go- 
vemor  may  ap« 
point  others. 


IV.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  on  the  Death 
or  Removal  of  any  of  the  Aflbciate  Juftices  of  the  Superior  Courts,  it  fnall  and 
may  be  lawful  for  the  Governor  or  Commander  in  Chief  for  the  Time  beino;,  to 
conftitute  and  appoint  another  or  other  Juftices,  qualified  as  aforefaid,  in  the  Room 
of  fuch  Juftice  or  Juftices  lb  dead  or  removed. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.    That  the  Chief  Juf-    '^''''"  '"  ''^!p- 
tice  is  hereby  impowered  to  appoint  experienced  and  difcreet  Clerks  of  the  Superior   BrdT  and  "tike 
Courts;  wh J  fhall,  each  of  them,  give  Bond,  with  good  and  fufficient  Security,    theoathscf  Go- 
to  our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  in  the  Penalty  of  Two 
Thoufand  Pounds,  for  the  Safe  keeping  of  the  Records,  and  faithful  Dilcharge  of 

his  Duty  in  OfHce ;  and  alfo,  fhall  take  the  Oaths  by  Law  appointed  for  the  (Qua- 
lification of  public  OlBcers,  repeat  and  fubfcribe  the  Teft,  and  alio  take  an  Oath, 
honeftly  and  truly  to  demean  himfelf  in  Office  during  his  Continuance  therein  ;  and 
likewife  the  following  Oath,  to  wit, 

A.  B.  do  fivear,  that  by  my f elf ,  or  any  other  Perfon,  I  neither  have,  nor  will  give  to   AndihisOatb. 
_  any  Perfon  -zvhatfoever,  any  Gratuity,  Gift,  Fee,  or  Rezvard^  in  Confideration  of  my 
Appointment  to  the  Office  of  Clerk  of  the  Superior  Court,  for  the  Diflri£i  of 

Which  faid  Bond  fhall  be  lodged  in  the  Secretary's  OfHce-,  and  in  Cafe  of  a  Breacli 
of  the  Condition  thereof,  may  be  put  in  Suit  for  the  Benefit  of,  and  at  the  proper 
Coft  and  Charges  of  the  Party  or  Parties  injured,  and  fhall  not  become  void  upon 
the  Firft  Recovery,  or  if  Judgment  fhall  be  given  againft  the  King ;  but  may, 
from  Time  to  Time,  be  put  in  Suit  by  Adlion  of  Debt,  or  Scire  Facias,  until  the 
whole  Penalty  fhall  be  recovered  ;  and  when  any  Judgment  fhall  be  obtained  upon 

fuch 


Their  DjnJ  may 
bd  lucd. 


374  LAWS    of    North-Carolina. 

A.  D.   1768.    fuch  Bond,  the  Damages  aflefled  fhall,  by  Order  of  the  Court,  be  paid  to  the  Per- 
^— ""V— ^     fon  or  Perlbns  injured,     (a) 

\"Tt  b^L'^f  ^lll'  A  ND  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  the  refpeflive 
upincv'erycierks  Clcrks  of  cach  and  every  Superior  Court  of  Jullice,  Ihail,  within  Six  Months  after 
^'^'^=-  the  pafTing  of  this  A6t,  affix,  and  keep  in  fome  pubhc  Place  in  his  Office,  to 

which  all  Perfons  may  have  Accels,  one  true  and  perfect  printed  Copy  of  all  fuch 
Fees  as  the  Chief  Juftice,  and  the  Clerks  of  the  Superior  Courts  are,  or  may  be 
intitled  to,  under  the  A6t  of  Aflembly  in  that  Cafe  made  and  provided  :  And  eve- 
ry Clerk  failing  or  negleding  fo  to  do,  fhall  forfeit  and  pay,  to  any  Perfon  that 
will  fue  for  the  fame,  the  Sum  of  Twenty  Pounds,  Proclamation  Money,  for  every 
Six  Months  fuch  printed  Copy  fhall  be  wanting-,  to  be  recovered  by  Aftion  of 
Debt,  in  any  Court  of  Juftice,  wherein  the  Onus  Probandi  fliall  be  on  the  Defendant. 

Amiwanc/'Mr"'        ^^'     ^^^  ^^  ^^  further  Enacted,  by  the  Authority  aforefatd.  That  each  of  tlie 

hoiZg  every       Affociate  Jufticcs  of  the  Superior  Courts  of  Juftice,  liiall,  for  his  Trouble  and  Ex- 

'^''""'  pence  in  travelling  to,  and   holding  the  laid  Courts,  have  and  receive  for  each 

and  every  Court  he  fhall  attend,  out  of  the  public  Treafury  of  this  Province,  by 

half  yearly  Payments,  the  Sum  of  Forty-One  Pounds  Thirteen  Shillings  and  Four 

Pence,  Proclamation  Money,     (b) 

Wheel  caniages  XIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  an  annual 
Duty  of  Ten  Shillings,  Proclamation  Money,  be,  and  is  hereby  laid  on  each 
Coach,  Chariot,  Poft-chaife,  Phjeton,  Curricle,  alid  Chair  Wheel-,  and  alfo,  each 
Wheel  of  every  other  Vehicle  ufed,  or  intended  to  be  ufed  in  the  fame  or  a  fimilar 
Manner  to  the  Ufe  and  Intention  of  either  of  the  above  named  Carriages,  which 
now  is,  or  hereafter  fhall  be  witiiin  this  Province. 

Method  of  Co!-  XIV.  AND  for  the  more  certain  Colledlion  of  the  faid  Duty,  Be  it  further 
jeftion  afctiuin-  Enacted,  That  each  and  every  Perfon  in  this  Government,  being  pofTcffed  of  any 
Coach,  Chariot,  Poft-chaiie,  Phaston,  Curricle  or  Chair,  or  any  other  wheeled  Ve- 
hicle ufed,  or  intended  to  be  ufed  in  the  fame  or  a  fimilar  Manner  to  the  Ufe  and 
Intention  of  either  of  the  above-named  Carriages,  fhall,  annually,  at  the  Time  of 
giving  in  a  Lift  of  the  Tythable  Perfons  in  his  or  her  Family,  alio,  return  on  Oath, 
the  Number  of  Wheels  belonging  to  any  of  the  Vehicles  above-mentioned,  which 
fuch  Perfon  or  Perfons  may  be  pofTcfTed  of:  And  if  any  Perfon  ftiall  fail  or  neglect 
fo  to  do,  he  or  fhe,  for  each  and  every  Offence,  fhall  forfeit  and  pay  the  Sum  of 
Ten  Pounds,  Proclamation  Money. 

To  be  coi'eaed        ^^ '     A  N D  be  it  further  Enacted  by  the  Authority  aforefaid^  That  the   Duty 

and  p^id  by  the    hcteby   laid  on  Wheels,  by  Virtue  of  this  Ad,  fhall    be   collefted,  accounted  for, 

and  paid  into  the  public  Treafury  by  the  Sheriffs  of  the  refpedlive  Counties  within 

this  Province,  in  the  fame  Manner,  and  under  the  fame  Rules,  Penalties,  Reftric- 

tions,  and  Allowances,  as  other  public  Taxes  are  colle6led,  accounted  for,  and  paid. 

Courts  powpr  to  XVI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Su- 
hite' of  wlh'or  perior  Courts  fhall  and  may,  each  of  them,  refpectively,  by  Summons,  or  other 
Tcft..ment.  legal  Proc.  fs,  upon  Application  made,  compell  any  Perlbn  or  Perfons  whatfoever, 

having  in  their  PofTcfllon  or  Cuftody  any  Will  or  Teftament  of  any  deceaied  Per- 
fon, to  exhibit  the  fame  to  the  Court,  in  order  to  a  legal  Probation  thereof-,  and 
alfo,  to  receive  the  Probate  of  Wills,  and  order  the  fame  to  be  recorded  -,  and  the 
Clerk.  F...  aUer.    Clerks  fhall  and  may  take  Two  Shillings  and  Eight  Pence,  Proclamation  Money, 


1770, 


'"  c^^,^Z   f^i-  recording  each  Will. 


XVII.     PROVIDED 


(a)  Seftions  6th  and  7th,  relating  to  Clerks  taking  exorbitant  Fees,  repealed  and  provided  for 
by  Aft  Dec.  1770,   Chap.    19. 

fb)  Seftions  10,  11,  and  12,  relating  to  taxing  Suits,  repealed,  and  provided  for  by  Aft  Dec. 
1770,  Chu^;.   19. 


LAWS      of     N  O  K  T  H  -  C  A  R  O  L  I  N  A,  37 


.3  /  > 


XVil.  PROVIDED  always.  That  any  Perfon  who  hath  a  Right  to  execute 
a  Will,  or  to  adminilter  on  the  Eltate  of  any  Intellate,  who  fhall  think  himftlf  in-^ 
jured  by  fuch  Order,  may  enter  a  Caveat  in  the  Court  wherein  fuch  Order  fnall  be 
made,  againft  the  Perfon  obtaining  the  fame-,  in  which  Cafe,  the  Cierk  of  I'uch 
Court  (hall  not  grant  any  Certihcate  of  fuch  Order  till  Twenty  Days'aftcr  pafling 
the  fame;  and  the  Secretary  and  his  Deputy  Ihall  forbear  to  feal  and  counterfign 
Letters  Teltamentary,  or  of  Adminiii:ration,  till  the  Matter  in  Controverl'y  fhall  be 
re-heard  and  determined  beiore  the  Governor  or  Commander  in  Chief  for  the  Time 
being,  and  Council. 

XVIII.  AND  for  the  better  preferving  of  Wills  proved  before  the  faid  Courts,  wiiis  to  be  kp; 
Beit  Enacted,  by  the  Authority  aforefaid.  That  all  original  Wills  lliall  remain  in  the  |."^«heCktksO{. 
Ckrks  OiHce,  amongll  the  Records   of  the  relpcctivc  Superior  Courts  where  they 

fhall  be  proved,  and  be  recorded  by  the  Clerk  of  iuch  Court,  in  Books  to  be  kt-pt 
for  that  Purpose  ;  whereunto  any  Perion  may  have  Recourfe  as  to  other  Records, 
except  for  the  Time  the  fa.iie  Ihall  or  may  be  removed  before  any  other  Court,  up- 
on the  Decermination  of  any  Controverly  ;  for  which  Service,  the  Clerk  fhail  re-- 
ceive  the  fame  Fees  as  by  Law  the  Secretary  was  intitled  to. 

XIX.  AND  be  it  further  EuaHed,  by  the  Authority  aforefaid.  That  the  Clerk  of  cie^ks  to  tranf, 
every  Superior  Cr-urt'ai(;refaid,  in  the  Month  of  Ot/cZ'^r,  annually,  Ihall  return  to  [^Ij-V 'office'^a 
the  Secretary's  Office,  a  Lift  of  all  Certificates  for  obtaining  Probates,  or  Admini-  i-;iuf  tr^-bates. 
ftrations,  granted  by  their  refpeitive  Courts,  from  Time  to  Time,  containing  the 

Na.nts  of  the  Teftators^  or  Inteftates,  their  Executors  or  Adminiftrators,  and  the 
Names  of  the  Securiiie:; ;  which  Lift  the  Secretary  is  hereby  required  to  caufe  to  be 
recorded  in  his  Omce,  alphabetically,  in  the  Books  for  that  Purpofe  •,  and  fhall  and 
may  take  and  receive.  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  tor 
every  fuch  Order  tlierein  mentioned. 

(a)  XX.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Chief  chief  joft-ce  and 
Tuftice,  for  his  Trouble  and  Expence  in  a  tending  the  laid  Courts,  fhall  have  and  '^f'?,'!'^  ^'T 

*'.,  r-T--  r         ■  ■%  \       I-  1-1  rdl5Ali  wance  foj 

receive  the  Sum  of  Twenty-hx  Pounds  for  each  of  the  Courts  he  ftiall  hold,  ac-   every  cmrt. 
cording  to  the  Directions  of  this  Aft ;  and  the  Attorney  Central  fliall  likewife  be 
allowed  and  receive  the  Sum  of  Sixteen  Pounds  for  each  of  the  laid  Courts  he  fhall 
give  his  Attendance  at  by  himfelf,  or  Deputy  j  to  be  paid  out  of  the  public  Trea- 
fury,  by  half  yearly  Payments. 

XXI.     AND  be  it  further  F.na^ed,  by  the  Authority  aforefaid.  That  the  Chief  chur j„mcean<i 

Juftice,  andtheother  AlTociateJufticesot  the  Superior  Courts,  ftiall,  before  they  fhe  oa 'hs  cf  ct* 

aft  in  either  ot  the  laid  Courts,  take  the  Oaths  by  Law  appointed  for  the  Qualifi-  vemment. 
cation  of  pubhc  Officers,  and  repeat  and  lubfcribe  the  Teft  ;  and  alfo  take  the 
following  Oath,  to  iiit, 

A.  B.  do  fjoear,  that  I 'veil!  well  and  truly  ferve  our  Sovereign  Lord  the  King,  and  And  this  Oathj 
_  his  People,  in  the  Office  of  Chief  Juftice,  cr  Ajfociate  Juftice  (as  the  Cafe  may  be)  of 
the  Superior  Courts  of  juftice  of  the  Province  of  North-Carolina  ;  and  I  will  net  counfel 
nor  affent  to  any  Thing  that  may  tend  to  the  Hurt  or  Difinheriting  the  King  :  I  will  do  equal 
Law  and  Right  to  all  the  King's  Subjects,  Rich  and  Poor,  without  laving  Regard  to  any 
Perfon:  I  will  not,  willingly  or  wittingly,  take  by  my f elf,  or  any  other  Perfon,  any  Gift 
or  Reward  whalfocver,  for  any  Matter  or  Thing  by  me  to  be  done  by  Virtue  of  my  Officey 
except  the  Fees  and  Salary  by  Law  appointed :  I  will  not  maintain  by  my  [elf,  or  any  other , 
privately  or  openly,  any  Plea  or  parrel  hanging  in  any  of  the  King's  Courts  :  I  will  not 
delay  any  Perfon  of  common  Right  for  the  Letter  of  the  King,  or  any  other  Perfon,  to  me 
directed,  for  any  Caufe  ;  and  in  Cafe  any  Letters  come  to  me  contrary  to  Law,  I  will  do 
nothing  for  fuch  Letters,  but  will  proceed  to  do  the  Law,  the  faid  Letters  notwithftanding : 
And  finally  in  all  Things  belonging  to  my  j aid  Office,  during  my  Continuance  therein,  I  will 

faithfully 


(a)  Ciiief  Jufdce  allowed  a  Salary  by  Act  Dec.  1770,  Chap.  20,  in  Lieu  of  all  Fecsor  Perciuilltes. 


37^  Lyi^S    of    N  OR  tH'Caroli 


N  A. 


f^^^i763.  faithfully,  truly,  audjuftly,  according  to  the  heft  of  my  Skill  ani  Judgment,  do  equal  and 
^*^  impartial  Jujiice. 

SO  HELP  ME  GOD. 

r»Toreukinfth!    A"^  if  thc  Chief  Jufticc,  OF  either  of  the  Aflbciate  Juftices,  Ihali  prefume  to  ad 
Oaths.  in  his  Office  in  either  of  the  Superior  Courts,  without  taking  the  Oaths  herein  ap- 

pointed and  direded,  and  fublcribing  the  Teft,  he  fliall  forfeit  Five  Hundred 
Pounds,  Proclamation  Money  ;  to  be  recovered  by  A£tion  of  Debt,  in  either  of 
the  Superior  Courts  of  Juftice  ;  one  Half  to  the  life  of  our  Sovereign  Lord  the  King, 
for  defraying  the  Charges  of  Government,  and  the  other  Half  to  the  Perfon  or 
Perfons  who  fhall  fue  for  the  fame. 

trn'hdd!"'"'"        XX^I-     AND  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  Supe- 
rior Courts  of  Juftice  Ihall  be  annually  held,  for  the  feveral  Diftrids  in  this  Province, 
Guilford  and  sur.    at  the  following  Times  and  Places ;  That  is  to  fay,    for  the  Diftrift  of  Salijhury,  at 
bur'yD.'iiria.''' '    ^hc  Town  of  Salijhury,  for  the  Counties  of  Rowan,  Mecklenburg,  and  Anfon,  on  'the 

Fifth  Day  oi  March  and  September. For  the  Diftrid  oi  Hilljhorough,  at  Hilljho- 

h!m%i<f'"to    rough,  for  the  Counties  of  Orange  and  Granville,  on  the  Twenty-fecond  Day  of 

HiniboroughDif-    March  and  September. For  the  Diftrid  oi  Halifax,  for  the  Counties  oi  Halifax, 

Northampton,  Edgcomb,  Bute,  and  Johnfton,  on  the  Eighth  Day  of  Jpril  and  Oblober. 
For  the  Diltrid  of  £(^(?«/(?«,  at  Edenton,  for  the  Counties  of  Chowan,  Perqui- 
mans, Pafquotank,  Currituck,  Bertie,  Tyrrell,  and  Hertford,  on  the  Twenty-fifth  Day 
CJTnDiftria'^  °^  ^/rz/and  Otlober. For  the  Diftrid  of  Newbcrn,  at  Newbern,  for  the  Coun- 
ties of  Craven,  Carteret,  Beaufort,  Hyde,  Dobbs,  and  Pitt,  on  the  Eleventh  Day  of 

May  and  November, P'or  the  Diftrid  of  fVihmngton,   at  TVihnington,  for   the 

Counties  of  New-Hanover,  Bladen,  Onflow,  Duplin,  Cumberland,  and  Brunfwick,  on 
the  Twenty-feventh  Day  of  May  and  November. 


Tims  of  Ccnti-  And  cach  Term  fhall  continue  Ten  natural  Days,  exclufive  of  Sundays,  by  Adjourn- 
ment De  Die  in  Diem,  if  the  Bufinefs  fhall  require  lb  long  a  Time,  otherwife  may  be 
fooner  determined. 


lice. 


Df"  "faw 'o^        XXIII.     PROVIDED  always.  That  if  the  Day  by  this  Ad  appointed  for 
a  Sunday."""  ""    holding  any  of  the  faid  Courts  fhall  fall  on  a  Sunday,  then  fuch  Court  fhall  be  held 

the  next  fucceeding  Day  •,  any  Thing  herein  contained  to  the  contrary  notwithftand- 

i"g- 

bro^^hr'to^°thc  XXIV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  real 
VhAntx  whera  Adlous,  Ejcdments,  and  Adions  of  Trefpafs,  ^lare  Claufim  Fregit,  Suits  on  Pa- 
t'ion'fjor-,"*'^''"  "^^  Statutes,  and  Pleas  of  the  Crown,  fliall  be  commenced  in  the  Superior  Court 
of  the  Diftrid  wherein  the  Caufe  of  Adion  fhall  have  aiifen,  or  the  Offence  have 
been  committed,  and  not  in  any  other  Diftrid  :  And  all  Adions  of  Debt,  other 
than  on  penal  Statutes,  all  Adions  of  Detinue,  Replevin,  Adions  of  Account' 
Render,  Adions  of  Trefpafs  for  AfTault  and  Battery,  and  for  the  unlawful  taking 
of  Goods  ;  all  Adions  upon  the  Cafe,  and  Suits  for  Legacies,  and  for  the  diftri- 
butive  Shares  of  Inteftates  Eftates,  fliall  be  brought  to  the  Superior  Court  of  that 
Diftrid  wherein  the  Caufe  of  Adion  arofe,  and  not  to  any  other. 

fenlanf  hfo'e        'XX\'^     AND  bi  it  furthcr  Enacted,    by  the  Authority  aforefaid.  That  no  Suit 

fame  D.ftrift,  to    ftiall  bc  Originally  commenced  or  profecuted  in  any  of  the  faid  Superior  Courts  for 

kfs"?hTno^oi'nor    ^"y  ^^^'^  ^^  Demand  of  lefs  Value  than  Twenty  Pounds,  Proclamation  Money, 

iifs  than  loi      where  the  Plaintiff  and  Defendant  fhall  live  in  the  fame  Diftrid,  or  lefs  than  Ten 

^^"ls^2t  a'    Pounds  like  Money,  where  the  Plaintiff  and  Defendant  fhall  not  live  in  the  fame 

firifts.  Diftrid  i  and   if  any  Suit  fhall  be  commenced  in  any  of  the  faid  Superior  Courts, 

contrary  to  the  true  Intent  and  Meaning  hereof,  or  if  any  Plaintiff  fhall  demand  a 

greater  Sum  on  Purpofe  to  evade  this  Ad,  in  either  or  both  of  thefe  Cafes,  the 

Plaintifi'  fhall  be  Non-fuited,  and  pay  Cofts. 

XXVI.     AND 


L    A   IV  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


d  I 


F^ifcicrarc;-,     r'lt 
til  d.ffontiruc  the 


XXVI.  AN  B  be  it  further  Enacted,  hy  the  Authority  aforefaid^    That  the  faid  ^-  /X    I'lG'i 
Courts  Ihall  not  be  difcontinued,  nor  any  of  tiie  Proceedings  therein  dependinf^,  by      ■'—-■•'_'■*'■- 
Reafon  of  the  Death  of  the  Chief  Juitice,  or  any  of  the  Affuciaies,  or  any  other  <^"i   ' V)'Z\ 
Lett  or  Hi:iderance,  their  not  attending  at  any  Term  ;  but  in  fuch  Cafe,  all  Picas, 
Caufes,  Matters,  and  Things  therein  depending,  fliall  ftand  continued  in  the  fame  cVm'i 
Condition  in  which  they  then  lliall  be,  to  the  next  fucceeding  Term. 

XXVII.  AND  be  it  Enacted,  by  the  Aithority  aforefaid.  That  aU  Writs,  as  Pmr  fsuh.tT.d 
well  original  Writs  as  others,  and  evtrv  Summons,  and  other  legal  Procefs,  fiiail  "b-r  frfthue 
bear  Tell  of  the   Chief  Juilice,  and  be  figntd  by  the  Clerk  ol  the   Court  from 

whence  the  fame  fhall  ifilie,  and  be  made  returnable  to  the  fame  Court ;  and  the 
Sheriff  (hall  return  the  faid  Writ  or  Procefs  to  fuch  Court  accordingly. 

XXVIII.  A N D  be  it  firther  Enabled,  by  the  Authority  a^orefaid.  That  until  the  t;ii  fi,e  n n 
Commencement  of  the  Firit  Term  of  each  ot  the  laid  Superior  Courts,  reipcctively,  JleV^^ViiVt 'liii'' 
Writs  and  other  Procefs  may  bear  Teft  at  the  Time  of  ilfuing  the  fame  -,  ana  fuch    ing. 

Writs  and  Procels  lb  teft.d  before  fuch  Term,  fnall  be  valid  in  Law  ;  any  Ulage 
or  FracCifc  of  Court  to  the  contrary  notwithftandiiig. 

XXIX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  fuch  wi.cn  returnable. 
Writs  or   Procefs,  except  Subpoenas  for  Witnefles,  returnable  immediately,  fliall 

be  retur.ied  to  the  i-^int  Day  of  the  Term  to  which  the  fame  is  returnable,  and  be 
executed  at  leaft  Ten  Days  before  the  Beginning  of  fuch  Term  :  And  if  any  original 
or  mdhe  Proceis  fiiall  be  taken  out  in  Term  Time,  or  within  Ten  Days  before  the 
Beginning  of  any  Term,  fuch  Proceis  lliall  be  made  returnable  to  the  Term  ni.xt 
fucceeding,  or  the  Term  fucceeding  that  which  fhall  commence  within  Ten  Days 
after  taking  out  fuch  Procefs,  and  not  otherwife  •,  and  all  Procefs  made  returnable, 
or  executea  at  any  other  Time,  or  in  any  other  Manner  than  by  this  Act  directed, 
fhail  be  void. 

XXX.  P  ROV  ID  ED  always.  That  nothing  herein  contained  fliall  be  con-    P'^'fo,  (or  ax. 
ftru-d  to  invalidate  or  vacate  any  Procefs,  Warrant  or  Precept,  iifued  by  the  Chief   '"'"-"^''"^^'• 
Juitice,  orcitiier  of  the  AfTjciate  Juftices  of  the  faid  Courts,  or  any  Juftice  of  the 

Peace,  or  the  Clerk  of  the  Crown,  on  any  Criminal  Profecution  in  his  Majefly's 

Behalf,  but  that  the  fame  may  be  returnable  at  any  Day  in  the  Term  to  which  tlie 

fame  is  rerurnable;  and  the  Proceedings  in  Criminal  Suits  and  Profecutions,  fhall    Hmv  prcf.cuted, 

be  had  according  to  the  Laws  and  Statutes  of  Great-Britain,  and  of  this  Province  j 

any  Thing  herein  contained  to  the  contrary  notwithilanding. 

XXXI.  AND  be  it  further  EnaFted,  by  the  Authority  aforefaid.  That  when  any  Wh^t  B.n  the 
Writ  (hall  iOlie  from  any  of  the  faid  Courts,  whereby  the  Sheriff  Ihall  be  command-  on  pLL";frS 
ed  to  take  the^Body  of  any  Perfon  or  Perfons,  to  anfwer  in  any  Action  in  either  of   t"i"m. 

the  faid  Courts,  fuch  Sheriff  ihall  take  Bond,  with  Two  fufhcient  Securities,  for 
double  the  Sum  for  which  fuch  Perfon  or  l^erfons  fliall  be  held  in  Arrefb,  except 
Vv'here  the  Defendants  are  Executors  or  Adminiftrators,  or  fued  on  penal  Statutes, 
and  fliall  return  fuch  Bond  with  the  Writ :  And  in  Cafe  the  Sheriff  fliall  fail  or  ne- 
glect to  take  fuch  Bail,  or  the  Bail  returned  beheld  infulncient,  on  Exception  taken, 
the  Sheriff,  in  either  of  the  laid  Cafes,  fhall  be  deemed  and  ftand  as  fpecial  B  lil, 
and  the  Plaintiff  may  proceed  to  Judgment,  according  to  the  Rules  hereinafter 
mentioned. 

XXXII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  when  any  ^.,,^™"he''m«rn!( 
Sheriff  ihall  return  that  he  hath  taken  the  Body  of  any  Defendant,  and  committed  the"B..d/inC6f. 
him  to  the  Prifon  of  his  County,  wiiich  is  hereby  decl;>rcd  to  be  the  proper  Pnfon    ''''^• 

for  I'uch  Comn.itment,  for  Want  ot  Bail,  the  Plaintiff  may  enter  the  Defendant's 
Appearance,  and  he  fhail  be  at  Liberty  to  plead,  as  if  fuch  Appearance  had  been     ^ 
entered  by  himfclf,  and  the  Plaintiff  may  proceed  to  Judgment  as  in  other  Cafes  in 
this  Act  direfted  ;  neverthelefs  the  Defendant  fhall  not  be  difcharged  out  of  Cultody, 
but  by  putting  in  Bail,  or  Rule  of  Court. 

B  b  b  XXXIIL  AND 


378  L  ji  W  S    of    North-Carolina. 

XXXIII.  AND  he  it  further  Ena^ed.,  hy  the  Authority  nf or efaid^  That  if  the 
Sheriff  fliall  negledt  to  return  any  Writ  or  Writs  iffuing  out  of  any  of  the  faid  Courts, 
which  Ihall  be  delivered  to  him  Twenty  Days  before  the  fitting  of  the  Court  to 
which  fuch  Writ  or  Writs  fhall  be  returnable,  the  Sheriff,  for  every  fuch  Negleft, 
on  iMotion  of  the  Plaintiff,  and  Proof  of  fuch  Delivery,  fliall  be  ordered  and  obliged 
to  pay  the  Party  aggrieved  the  Sum  of  Five  Pounds,  Proclamation  Money,  and  be 
™d^c?'by''the  further  liable  to  the  Adion  of  the  Party  injured,  unlefs  the  Sheriff  can  fliew  fuffi- 
A^if.r  appoint-  cient  Caufc  to  the  Coutt  froui  whcncc  iuch  Procefs  iffued,  at  the  next  fucceeding 
'"^      ''    '  Court  after  fuch  Order. 


G.1.1,  an.l 
Hricecdingotheis- 
upon. 


All  Ciii  tik-n  XXXIV.  .  AISID  be  it  further  Ena^ed,  That  all  Bail  taken  according  to  the 
ipeci3i,  an.i  wh-n  Direftions  of  thls  Aft,  fhall  be  deemed,  held,  and  taken  to  be  fpecial  Bail,  and  as 
i^nbi.  to  Recove.  ^^^^^  ^^^^^^^  ^^  ^^^  Rccovcry  of  the  Plaintiff;  but  the  Plaintiff,  after  final  Judgment, 
fliall  not  take  out  Execution  againft  fuch  Bail,  until  an  Execution  be  firfl:  returned, 
that  the  Defendant  is  not  to  be  found  ;  and  alio  fliall  take  out  a  Scire  Facias^  re- 
turnable to  the  faid  Court,  which  fliall  be  made  known  to  the  Bail ;  and  that  after 
the  Return  of  fuch  Execution  againft  the  Principal,  and  Scire  Facias  aforefaid  againft 
the  Bail,  tlxecution  may  iflue  againft  the  Principal  and  Securities,  or  either  of  them, 
or  either  ot  their  Eftates,  unlels  the  Bail  fliall  lurrender  the  Principal  at  or  before 
the  Return  of  the  firft  Scire  Facias;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary, 
notwithftanding. 

Provif,.  where  XXXV.  PRO  VI  DEB  ne'verthekfs.  That  if  any  Sheriff  fliall  return  on  a  Scire 
the  i>r,nc-,pai  ,,  p^^^^^  j.^  j^jj^  diretlcd  that  the  Principal  is  imprifoned  in  the  Prifon  of  his  County, 
or  any  other,  by  Virtue  of  any  Procels  in  any  civil  A6lion,  the  Court  to  which  fuch 
Scire  Facias  is  returnable  fliall,  on  Motion  of  the  Plaintiff  or  Bail,  order  and  direct 
that  fuch  Principal  be  retained  in  Gaol  where  he  or  flie  fliall  be  a  Prifoner,  until  he 
or  flie  fliall  have  paid  the  Plaintiff's  Judgment  and  Cofts,  or  be  otherwife  difcharged 
by  due  Courfe  of  Law  -,  a  Copy  of  which  Order  being  ferved  on  the  Gaoler  of  fuch 
Prifon,  before  fuch  Prifoner's  Releafement,  fhall  be  a  fufficient  Authority  for  him 
to  retain  fuch  Prifoner  until  fuch  Order  fliall  be  complied  with,  and  alfo  fliall  be 
deemed  a  Surrender  of  fuch  Principal,  and  as  fuch  difcharge  the  Bail. 

pr-.cee.iint;?where  XXXVI.  A  N  D  fot  the  better  afcertaining  what  Procefs  fliall  iffue,  when  the 
'thJ"'^Hh.nrff",Kt  Sheriff  fliall  return  that  the  Defendant  is  not  to  be  found  in  his  Bailiwick,  Be  it 
to  be  f.und.  EnaJ7ed,    That  when  the  Sheriff  fliall  make  fuch  Return  in  any  civil  Adtion,    the 

Plaintifi  or  Plaintiffs,  at  his  or  their  Eledion,  may  fue  out  an  Attachment  againft 
the  t^ftate  of  fuch  Defendant,  or  an  Alias,  or  Pluries  Capias,  until  he  be  arrefted, 
returnable  as  herein  before  diredted  for  the  Return  of  original  Procefs  :  And  if  the 
Sheriff  fliall  return  any  Goods  by  him  attached,  and  the  Defendant  fliall  fail  to  plead 
within  the  Time  herein  direfted,  the  Piaintiff  fhall  be  intitled,  if  in  an  Action  of 
Debt,  to  final  Judgment,  and  if  in  an  Aftion  on  the  Cafe,  a  Judgmicnt  by  Default, 
and  a  Writ  of  Enquiry  of  Damages  to  be  executed  at  the  next  Court ;  and  the  Goods 
lb  attached,  if  not  replevied  or  fold,  according  to  the  Dire6tions  herein  after  men- 
tioned for  Goods  attached  on  original  Attachments,  fliall  remain  in  the  Cuftcdy  of 
the  Sheriff  till  fuch  Judgment  obtained,  and  then  to  be  difpofed  of  in  the  fame 
Manner  as  Goods  taken  in  Execution  on  a  Writ  of  Fieri  Facias  -,  and.  if  the  Judg- 
ment fliall  not  be  fatisfied  by  the  Goods  attached,  the  Plaintiff  may  have  Execution 
for  the  Refidue. 

whfre  Attach.  XXXVII.  A  N  D  he  it  further  Emctcd,  hy  the  Authcrity  afcvefaid.  That  it  fnall 
Zl  ""'' ''' ''"  be  lawful  for  the  Chief  Juftice,  or  the  Juftices  of  the  faid  Superior  Courts,  or  any 
Juftice  of  an  Inferior  Court,  upon  Complaint  made  by  any  Perfon,  his  Attorney  or 
Agent,  on  Oath,  that  his  Debtor  has  removed,  or  is  removing  himfelf  out  of  the 
County  privately,  or  abfconds  or  conceals  himfelf,  fo  that  the  ordinary  Procefs  of 
Law  cannot  be  ferved  upon  him  ;  and  alfo  further  fwear  to  the  Amount  of  his  or 
her  Debt,  to  the  beft  of  his  or  her  Knowledge,  fhall  thereupon  grant  an  Attachment 
againft  the  Eftate  of  fuch  Debtor,  wherever  the  fame  m.ay  be  found,  or  in  the  Hands 

of 


L    A   ^V  S      c/      N  O  R  T  K  -  C  A  R  O  L  I  N  A.  3^9 


A.  D.    17O8. 


of  any  ?>^rfon  or  Perforis  indebted  to,  or  having  any  of  the  Eneds  of  the  Party  ab- 

fcondin-'^-    or  (o  much  thereof  as  Ihall  be  of  Value  lufiicient  to  iatisfy  the  Debt  and      —    »     '- 

C'-jlls  oMuch  Complaint;  whicli  Attachment  (hail   be  returned  to  the  Court  where 

the  Debt  or  Matter  is  cognizable:   And  luch  Atcachaient  Ihali  be  dtemed  the  lead-    as  J'roc«<iingi 

ino-  Procefs  on  fuch  Adion,  and  the  fame  Proceedings  Ihall  be  had  thereon  a^  on    "'^"•'"'• 

an^Attachmenc  on  a  Return  of  a  Non  efi  Inz-mius  by  tiie  Shcnii. 

XXXVni.     PROVIDED  always.  That  every  fuch  Juftice,  before  granting    b  n<i  to  i,e  g^v,* 
fuch   Attachment,     fhall  take   B  )nd    and    Security   of   the   Party   for  wiioai  tUe    l^uV^mX  " 
iame  lliail  be  iifued,  in  double  the  Sum  to  be  attached  for,  payable  to  the  Delen- 
dant,  for  latisfying  and  paying  all  Cofts  which  Ihall   be  awarded  10  the  laid  Deien- 
dant,  in  Cafe  the  Plaintiff  luing  out  luch  Attachment  rhould  be  calt  in  his  Suit,  and 
alio  'all  Damages  which  Ihall  be  recovered  againlt  the  laid  Plaintiff  for  fuing  ouc 
fuch  Attachment  -,  which  Bond  fhall  be  returned  to  the  Court  to  which  the  Attach- 
ment is  returnable,  by  the  Juftice  who  fl:iall  grant  the  fame  :  And  every  Attachmenc  ^ 
iffuincf  without  fuch  Bond  t.tken,  and  returned  as  aioielaid,  and  Oath  made  as  aiore- 
mentioned,  is  hereby  declated  void,  and  Ihaii  be  abated  on  the  Plea  ot  tiie  Dtfta- 
dant. 

XXXIX.     AND  be  it  further  EnaSled^  That  when  any  Perlbn,  Inhabitant  of   Aff:,ciiment  may 
any  other  Government,  {hall   be  indebted  to,  or  hath  done  any  Tort  or  Injury  to    S,j/,7pVnr,t 
any  Pcrfon,  a  Refident  of  this  Province,  and  cannot  perfonaliy  be  fcrved  with  Pro-    !n.,.htr  Govern- 
cefs,  and  hath  Effeds  in  this  Guvernment,  any  ol   the  laid  Juftices  may  grant  an    ""■""' 
Attachment  againft  the  Eftate  of  fuch  Perion  indebted,  or  who  hath  done  any  Tort 
or  Injury  as  atorclaid,  under  the  Rules,  Reilricfions,  and  Regulations,  aloie-nicn- 
tioned,  and  the  fame  Proceedings  may  be  had  tliereon. 

XL.  AND  be  it  further  Enabled,  by  the  Authmty  aforefaid.  That  v/hen  any  PmceH-ngs  ok 
Goods,  or  other  Eftate,  Ihall  be  attached  by  Virtue  of  an  Attachment,  wh.ether  '^'"'^'"f"--''"- 
judicial  or  original,  it  Ihall  and  may  be  lawful  for  luch  Perlbn  or  Perfons,  his,  her, 
or  their  Attorney,  to  replevy  the  fame,  by  giving  Bond,  with  good  Security,  to  the 
Sheriff,  or  other  OHicer  ferving  the  faid  Attachment  (which  Bond  the  Sheriff  or 
other  Officer  is  h^rreby  impowered  and  required  to  take)  to  appear  to  the  Court  to 
which  fuch  Attachment  is  returnable,  and  to  abide  by,  perlorm,  and  fatisfy,  the 
the  Order  and  JuJgment  of  luch  Court;  and  when  the  Eftate  attached  Ih.'.ll,  by 
Three  Juftices  of  the  County  (to  be  fummoned  by  the  Sheriff  for  that  Furpole)  be 
certified,  on  Oath,  to  be  periiliable,  if  the  Perlbn  or  Perfons  to  whom  it  belongs 
Ihall  not,  within  Thirty  Days  after  ferving  fuch  Attachment,  replevy  the  fame-^ 
then  fuch  Eftate  ih. ill  be  fold  at  Public  Vendue,  by  the  Sheriff  or  other  Officer 
ferving  fuch  Attachment,  having  firft  advertifed  fuch  Sale  at  the  Court-Houfe,  and 
other  Public  Places  in  his  County,  at  leaft  Ten  Days  before  the  Sale ;  and  the 
Money  arifing  by  iuch  Sale  fliall  be  liable  to  the  Judgment  obtained  upon  luch  At- 
tachment, or  other  Order  of  fuch  Court:  And  where  the  Sheriff  or  other  Officer 
Ihall  lerve  an  Attachment  in  the  Hands  of  any  Perlbn  or  Perfons  Indebtcdto,  or 
havino-  any  of  the  Effedls  of  the  Party  ablconding,  he  fliall,  at  the  fame  Time, 
fummons  fuch  Garnifhee  or  Garnilhees  to  appear  at  the  Court  to  which  the  Attach- 
ment is  returnable,  within  the  firft  Four  Days  thereof,  there  to  anfwer,  upon  Oath, 
•what  he  or  fhe  is  indebted  to  fuch  Party,  and  what  Effedls  of  luch  Party  he  or  fhe 
hath  in  his  or  her  Elands,  and  had  at  the  Time  of  ferving  fuch  Attachment :  And 
where  any  Attachment  fliall  be  returned  ferved  in  the  Elands  of  any  Garnifliee  in 
Manner  aforefaid,  it  fhall  be  lawful,  upon  his  or  her  Appearance  and  Examination, 
in  Manner  afore- mentioned,  to  enter  up  Judgment,  and  award  Execution  againff 
every  fuch  Garniihee  or  Garnifliees,  for'allSums  of  Money  due  from  him,  her,  or  . 
them,  to  the  Perfon  abfconding,  or  in  his,  her,  or  their  Cuftody  or  Pofleliion,  for 
the  life  of  the  Party  obtaining  f^uch  Attachment,  or  fo  much  thereof  as  fliall  be  of 
Value  fufficient  to  fatisfy  the  Debt,  and  Cofts  of  Complaint  ;  antl  all  Goods  and 
Effects  whatfoever,  in  the  Hands  of  any  Garnifliee  or  Garnilhees,  belonging  to  fuch 
abfconding  Perfon,  fhall  be  liable  to  fatisfy  fuch  Judgmeni;:  And  where  any  Gar- 

B  b  b  2  nifliee 


38o 


LAWS    of    North-Carolina. 


^.  D.  1768.  nifhee  fliall  be  returned  by  the  Sheriff  or  other  Officer,  fummoned  in  Manner  afore- 
faid,  and  fliall  fail  to  appear  and  difcover,  on  Oath,  in  Manner  by  this  Ad  direil- 
ed,  it  fliall  be  lawful,  and  the  Court  is  hereby  authorized,  to  enter  a  conditional 
Judgment  againfl:  fuch  Garniihee-,  and  if  he  fliall  fail  to  appear  at  the  next  Court, 
and  difcover,  on  Oath,  in  Manner  aforefaid,  the  Court  fliall,  and  are  hereby  re- 
quired, to  confirm  fuch  Judgment,  and  award  Execution  for  the  Plaintiff's  whole 
Debt  or  Damages,  and  Coflis, 


Atiichment  may 
be  granted  againft 
the  Lani^s  of  P.;r. 
ions  out  of  the 
Vx  vince  ;  and 
Proceedings  there- 
on. 


"flue     replevia- 
ble. 


XLI.  AND  whereas  divers  Pcrfons  pofTeffed  of  Lands,  Tenements,  and 
Hereditaments,  within  this  Province,  have  contracted,  or  who  may  contract  Debts 
with  Merchants  and  others,  or  have  committed  or  may  commit  Torts  or  Injures  to 
Perlbns  therein,  and  refide  out  of  the  Province^,  vv'ithout  having  Perfonal  Eflate 
within  the  lame  to  fatisfy  fuch  Debts  or  Damages :  For  Remedy  whereof.  Be  it  En-' 
atled,  by  the  Authority  afore/ad.  That  any  Juftice  fliall  and  may  grant  an  Attachment 
at  the  Prayer  of  fuch  Per  Ion  or  Perfons,  his  or  their  Agent  or  Faflor,  to  whom 
fuch  Debtor  or  Debtors  fliall  be  indebted,  or  to  whom  fuch  Tort  or  Injury  hathj 
or  may  be  done,  direfted  to  the  Sheriff  of  the  County  where  the  Lands  lie,  return- 
able to  the  Court  wherein  the  fame  is  cognizable :  And  if  the  Sheriff  return,  that 
the  Perfon  has  no  perfonal  Eftate  within  his  Bailiwick,  the  Court  fliall  grant  Judg- 
ment by  Default  (which  Judgment,  in  Adions  of  Debt,  fliall  be  final)  at  the  next 
Court ;  and  in  other  Adions,  a  Writ  of  Enquiry  fhall  be  executed,  on  the  Plain- 
tiff's Motion,  and  a  Writ  of  Fieri  Facias  fhall  be  awarded,  returnable  to  the  next 
Court  after  fuch  final  Judgment  •,  which  Writ  the  Sheriff  is  hereby  impowered  and 
direded  to  execute  and  return,  in  the  fame  Manner,  and  under  the  fame  Rules  and 
Refl:ridions,  as  other  Writs  of  Fieri  Facias  within  this  Colony,  are  to  be  executed 
and  returned. 

XLTI.  PROFID  ED  always^  That  it  fliall  be  lawful  for  any  Perfon^  againfl: 
whofe  Efl:ate  any  Attachment  has  iffued  as  aforefaid,  at  any  Time  before  fuch  final 
Judgment  entered,  or  Writ  of  Enquiry  executed,  upon  giving  fpecial  Bail,  to  re- 
plevy the  Goods  attached,  and  plead  to  Iffue,  fo  that  the  Plaintiff  is  not  thereby 
delayed  of  his  Tryal. 

XLin.  AND  for  Prevention  of  Error  in  iflliing  Attachments,  and  taking 
Bonds  thereupon  ;  Be  it  Enaited.,  by  the  Authority  aforefaid.  That  the  following 
Form  fliall  be  obferved  and  ufed  ;  that  is  to  fay,  the  Attachment  as  followeth,  viz. 


Form  of  the  At- 
tachment 


NORTH-CAROLINA, 


County,  fT. 


EORGE  the  Third,  by  the  Grace  of  God,  of  Great  Britain,  France,  and 
Ireland,  King,  Defender  of  the  Faith,  ^c.  'To  the  Sheriff  of County, 


Greeting.     Whereas  A.  B.  hath  complained,  on  Oath,  to 
■Court,  — that  E.  F.  late  of  yOur  County, 


Juftice  of  the 


to  him  in  the  Sum  of 


is  juftly  indebted 
(or  hath  endamaged  him  to  the  amount  of ) 


and  Oath  having  been  alio  made,  that  the  faid  E.  F.  hath  removed  himfelf  privately 
out  of  your  faid  County,  or  fo  abfconds  or  conceals  himfell  that  the  ordinary  Fro- 
cefs  of  Law  cannot  be  ferved  on  him,  and  hath  given  Bond  and  Security,  according 
to  the  Diredions  of  the  Ad  of  Afi"embly  in  fuch  Cafe  made  and  provided  :  We 
therefore  Command  you,  that  you  attach  the  Eftate  of  the  faid  E.  F.  (if  to  be 
found  in  your  Bailiwick)  or  fo  much  thereof,  repleviable  on  Security  given,  as 
fhall  be  of  Value  fiifhcient  to  fatisfy  the  faid  Debt,  or  Damages  (according  to  the 
Complaint)  and  Cofts  •,  and  fuch  Eftate  fo  attached,  in  your  Hands  to  fecure,  or 
fo  to  provide  that  the  fame  may  be  liable  to  further  Proceedings  thereupon  to  be 

had  at  ?ur  next Court,  to  be  held  for  the of at on 

the  — Day  of  next,  fo  as  to  compell  the  faid  E.  F.  to  appear,  and 

anfwer  the  above  Complaint  of  the  faid  ^,  B.  when  and  where  you  fliall  make 

known  to  our  faid  Court  how  you  fliall  have  executed  this  Writ.     Witnefs 

Efquire,  Juftice  of  our  faid at the Day  of 


in 


the 


Year  of  our  Reign,  Anno  Bonn 


Which 


LAWS    o/"    North-Carolina.  381 

Which  xlttachmcnt  fhall  be  figned  by  the  Juilice  who  fhall  grant  the  fame ;    and    ^i' D.   176S. 
the  Bond  to  be  2;iven  on  obtaining  luch  Attachment  (hall  be  in  the  following  Form,     *-— ^'v~°--' 

to  wit., 

NOW  all  Men,  by  thefe  Prefents,  That  we,  J.  B.  C.  D.  and  /.  K.  all  of   Fo'^'^f^heBond. 

the  County  of  '— -,  are  held  and  firmly  bound  unto  E.  F.  in  the  Sum  of 

(double  the  Sum  in  the  Attachment)  to  be  paid  to  the  faid  E.  F.  his  Executors, 
Adminiflrators,  or  AfTigns ;  To  which  Payment  well  and  truly  to  be  made,  we 
bind  ourfelves,  and  each  ot  us,  our  Heirs,  Executors,  and  Adminiftrators,  jointly 
and  fevcrally,  firmly  by  thefe  Prefents.  Sealed  with  our  Seals,  and  dated  this  — — 
Day  of -,  in  the  Year  of  our  Lord 

TFIE  Condition  of  the  ab.ove  Obligation  is  fuch.  That  whereas  the  above    The  Condition. 
bounden  J.  B.  hath,  the  Day  of  the  Date  of  thefe  Prefents,  prayed  an  At- 

tacnment  againft  the  Eft'ate  of  the  above  mentioned  E.  F.  for  the  Sum  of 

and  hath  obtained  the  iame,  returnable  to  the  next Court,  to  be  held  for  the 

Diftrict  of ,  on  the Day  of next :  Now  if  the  (aid  A.  B.  lliall  pro- 

lecute  his  laid  Suit  with  Eifed,  or  in  Cafe  he  be  call  therein,  fliall  well  and  truly  pay 
and  fatisfy  to  the  faid  E.  F.  all  fuch  Cofts  and  Damages  as  fhall  be  awarded  and  re- 
covered againit  the  faid  A.  B.  then  the  above  Obligation  to  be  void ;  otherwife  to 
remain  in  full  Force  and  Virtue. 

XLIV.  AND  he  it  further  EndSIed,  hy  the  Authority  aforefaid^  That  the  following 
Rules  and  Methods  (hail  be  obferved  in  the  faid  Superior  Courts,  to  vjit. 

That  the  Plaintiff  (hall  file  his  Declaration  in  the  Clerk's  OfBce,  on  or  before  the    Rules  of  Courr, 
Second  Day  of  the  Term  to  which  his  Suit  is   brought,    and  ferve  the  Defendant 
with  a  Copy,  at  ieaft  Five  Days  before  the  Commencement  of  fuch  Term  ;    other- 
wife  the  Aftion  may  be  abated  on  the  Plea  of  the  Defendant. 

That  the  De-fend. mt  fliall  appear  and  plead,  or  demur,  within  the  firft  Three 
Days  of  the  Term  to  which  the  Writ  is  returnable,  otiierv/ife  the  Plaintiff  may 
have  Judgment  by  Default ;  in  which  Cafe  Judgment  fhall  be  final,  unlels  where 
Damages  are  to  be  fuggefted  on  the  Roll  ;  and  in  that  Cafe,  and  in  all  others  where 
the  Recovery  fhall  be  in  Damages,  a  Writ  of  Enquiry  fhall  be  executed  at  the  next 
Term.  Provided,  that  where  the  Nature  of  the  Action  requires  fpecial  pleading, 
the  Time  for  Pleadings  may  be  enlarged  by  the  Court. 

That  where  the  Defendant  pleads  Ipecially,  the  Plaintiff  fhall  reply  or  demur  in 
Three  Days,  or  a  Non  Profs  may  be  entered  by  the  Defendant ;  and  if  the  Plaintiff 
replies,  and  in  his  Replication  tenders  an  Ifi'ue,  the  Defendant  fliall  join  Ifilie  or 
demur  in  Three  Days,  or  the  Plaintiff  may  have  Judgment;  and  where  the  Defen- 
dant rejoins  to  the  Plaintiff's  Replication,  he  fliall  file  his  Rejoinder  within  Three 
Days,  or  Judgment  fliall  go  againft  him,  unlefs  the  Time  lor  pleading  fhall  be  en- 
larged as  aforefaid  ;  and  the  fame  Time  fhall  be  given,  and  Rules  obferved,  through 
the  whole  Courle  of  Pleadings. 

That  when  a  fpecial  Verdiel  fhall  be  found.  Cafe  agreed,  Demurrer  or  Bill  of 
Exceptions  to  the  Evidence  tendered.  Time  fliall  be  allowed,  upon  Motion  of  either 
Party,  to  the  next  Term  to  argue  the  fame. 

That  for  the  more  entire  and  better  Prefervation  of  the  Records  of  the  Courts, 
when  any  Caufe  is  finally  determined,  the  Clerk  fliall  enter  all  the  Proceedings 
therein,  and  other  Matters  relating  thereto,  in  a  Book,  well  bound,  fo  that  an  en- 
tire and  perfeft  Record  may  be  made  thereof. 

That  all  Jury  Caufes  be  firft  tried. 

That  all  Motions  in  Arrefl;  of  Judgment  fliall  be  argued  within  tlie  Three  lafl: 
Days  of  the  Term  the  Ifliie  is  tried,  the  Defendant's  Attorney  firft  ferving  the 
Plaintiff's  Attorney  with  a  Copy  of  the  Reafons  in  Arreft  of  Judgment,  the  next 
Day  after  fuch  Motion. 

That  Arguments  on  Writs  of  Error,  fpecial  Verdids,  Cafes  agreed.  Demurrers, 
Petitions  for  Legacies,  and  Dlftributions  of  Inteftates  Eftates,  fhall  be  heard  within 
the  Four  laft  Days  of  the  Term.  That 


382  1/    -^   /l^  S      o/      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

^>  D.    iy63.        That  when  final  Judgment  fliall  be  obtained,    the  Clerk  fhall  allow  a  Lawyer's 

A^.Z^Zfr^.e    Fee  in  the  Execution,  if  the  Party -employed  one  j  which  is  hereby  declared  to  be 

50;  iivAMDec.    Thirty  Shillings,  Proclamation  Money. 

1:70,  np.  5.  That  no  Plea  in  Abatement  ihall  be  received  in  any  of  the  faid  Courts,  unlels  the 
Party  offering  the  fame  Ihall,  by  AiHdavit,  or  otherwile,  prove  the  Truih  of  luch 
P:ea. 

That  where  a  Plea  in  Abatement  fhall  be  pleaded  in  any  oi  the  faid  Courts,  and 
npon  Argument  the  fame  ihall  be  adjudged  inluflicicnt,  the  PlaintilT  or  Piainjiffs 
ihall  recover  againlt  the  Defendant  full  Colts  to  the  Time  of  over- ruling  ilu ;h  Plea, 
including  the  Cods  of  that  Court,  a  Lawyer's  .Fee  only  excepted  •,  and  the  Claintiir 
in  Replevin,  or  Defendant  in  any  other  A6tion,  may  plead  as  many  ftvcral  M;itters 
as  may  be  necefiary  for  his  Defence,  fo  as  he  be  not  admitted  to  plead  and  demur 
to  the  whole. 

Pt,,hu.5  of  jeo.  XLV.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  all  the 
Statutes  01  Jeofails  and  Amendments,  which  nov/  are  in  Force  in  England^  are 
hereby  declared  to  extend  to,  and  be  in  l^orce  in  this  Colony  ;  and  Ihall  be  duly 
obferved  by  all  Judges  and  Jullices  of  the  feveral  Courts  of  Record  within  the  lame, 
according  to  the  true  Intent  and  iVIeaning  of  the  laid  Statutes. 

XLVI.  ANB  be  it  further  Ena5ied,  by  the  Authority  af or ef aid.  That  the  fol- 
lowing Orders,  Rules,  and  Methods,  for  caking  the  Teilimony  of  Witnefies,  in 
all  Caufes  to   be  depending  in  the  faid  Courts,    be  obferved   and  put  in  Pradtce, 

to  cov'/, 

R'lH  for  w;t.  That  in  all  Caules  where  WitnelTes  are  to  appear  at  either  of  the  faid  Courts,  a 
Subpcena  Ihail  be  illued  by  the  Clerk,  direded  to  the  Sheriff  of  the  County  where 
fuch  Witnefs  or  Witneffes  rcfide,  mentioning  the  Time  and  Place  for  their  Appear- 
ance, and  the  Names  of  the  Parties  to  the  Suit  wherein  they  arc  to  give  Evidence, 
and  at  whole  Inftance  they  are  fummoncd. 

That  every  Subpoena,  returnable  immediately,  flial!  be  perfonally  fcrvcd  on  the 
Witnefs  or  Witnelies  therein  named. 

That  a  Copy  of  every  Subpcena  iffued  by  the  Clerk  in  Vacation  Time,  and  re- 
turnable to  any  Day  of  the  next  Term,  in  Cafe  the  Witneffes  thereby  to  be  fum- 
moned  are  not  to  be  found  at  home,  may  be  left  at  the  ufual  Place  of  Rcfidence  of 
fuch  Witnefs  or  Witneffes,  and  leaving  fuch  Copy  as  aforefaid  Paall  be  a  good  and 
legal  Service;  and  the  Perfon  or  Perfons  thereby  fummoucd  arc  bound  to  appear, 
under  the  hke  Penalties  as  if  perionally  fummoncd. 

r-'?d.nce"°" '^''        XLVII.     AND  be  it  further  EnaBed,    Iry  the  Authority  aforefaid.    That  if  any 
^'  •'"  Perfon,  iummoned   to  attend  as  aforeiaid,  lliall  fail  to  appear  accordingly,  every 

fuch  Perfon  fo  failing  Ihall  forfeit,  to  the  Perfon  or  Perfons  at  whole  Inllance  the 
Subpoena  was  iffued,  Tv*enty  Pounds,  Proclamation  Money,  and  ffial!  be  further 
liable  to  the  A6lion  of  the  Party  endamaged  for  Want  of  fuch  Witnefs's  Teilimony  \ 
who  ffiall  recover  his  full  Damages  and  Cofts. 


Provifii  for  Inca . 
pacit-y  to  atli:iiJ, 


To  attend  till  dif- 
clidrgtd. 


XLVIII.  PROVIDED  ahmys.  That  if  fufncient  Caufe  be  fiiewn  by  the 
Perfon  fo  fumrnoned,  or  for  whom  Jiich  Copies  ihall  be  io  left,  and  failing  to  appear, 
of  his  or  her  Incapacity  to  attend  at  the  Time  he  or  flie  ought  to  have  appeared, 
tlien  no  P'orfeiture  or  Penalty  fhall  be  incurred  by  hich  Failure  •,  but  if  fufficient 
Caufe  be  not  fliewn  at  the  next  fuccctding  Term  after  fuch  Failure,  on  Notice 
given,  it  fhall  and  may  be  lawful  for  the  Court,  on  Motion,  to  grant  Judgment  for 
the  Forfeiture  before  mentioned,  againlt  the  Perfon  or  Perfons  fo  fumrnoned  and 
tailing  to  appear  as  aforefaid. 

XLIX.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every  Wit- 
nefs being  fumrnoned  to  appear  in  any  (jf  the  laid  Courts  in  Manner  as  herein  before 
direded,  fhall  appear  accordingly,  and  continue  to  attend  from  Court  to  Court, 

until 


LAWS      of      N  O  K  T  H  -  C  A  R  O  L  I  N  A. 


until  difeharged  by  the  Court,  or  the  Party  at  whofe  Inftance  he  was  fummoned  ; 
and  in  Default  thereof,  fhall  be  fubjeft  to  the  Fains  and  Penalties  herein  before 
mentioned ;  any  Law,  Ulage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

L.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  if  any  Witnefs 
by  Sicknefs,  Age,  in  Gaol,  or  any  other  Caule,  Ihall  be  incapable  of  attending 
Court  to  give  Evidence,  or  Ihall  rclide  out  of  i\\t  Province,  on  Oath  made  thereof^ 
or  the  Truth  of  the  lame  otherwife  fufficientiy  appearing,  the  Judge,  or  Juftices  of 
the  Court  wherein  the  Suit  is  depending,  fhall  and  may,  by  Commiffion,  as  from 
Time  to  Time  may  be  nrceffary,  impower  luch  and  fo  many  Perlbns  as  they  fiiall 
think  neceffary  to  take  and  receive  the  Depofinion  of  fuch  Witnefs ;  v/hicli,  when 
duly  returned,  fhall  be  received  as  legal  Evidence. 


3^3 


/*'.  D.    1763. 


Where  D?p"fiti- 
ons  may  be  taken. 


LI.  PROVIDED  ahvciys.  That  the  Party  praying  fuch  CommiiTion  as  afore- 
faid,  fliall  give  fuch  Notice  to  the  adverfe  Party,  of  the  Time  and  Place  when  and 
where  fuch  CommiiTion  is  to  be  executed,  as  the  Court  fhall  think  proper  ;  and  the 
adverfe  Party  fhall  have  Leave  to  crofs  examine  any  Witnefs  or  WicnefTes  whofe 
Depofuion  fhall  be  fo  taken  -,  and  all  Depoficions  otherwise  taken  than  is  herein  di- 
reded,  unlefs  by  Confent  of  Parties,  Ihall  be  void,  to  all  Intents  and  Purpoles. 

LII.  AND  be  it  further  Ena^ed^  by  the  Authority  aforefaid^  That  if  any  Perfon 
or  Perfons,  who  may  be  a  Witnefs  or  Witnefles  in  any  Caufe  depending  in  any  of 
the  faid  Courts,  fhall  be  under  a  NecefTity  of  dep.irting  this  Colony  before  the  laid 
Caufe  is  to  be  tried,  that  upon  Oath  made  thereof  before  the  Chief  Jullice,  or  any 
one  of  the  Juftices  of  the  Superior  Courts,  and  the  Caufe  of  Excuie  approved  by 
him,  the  laid  Chief  Juftice,.  or  other  Julcice,  is  hereby  impowered  to  iliue  a  Corn- 
million  to  one  or  more  Perlbns  to  take  the  Depofition  of  fuch  Witnefs,  Ten  Days 
Notice  being  previoufly  given  to  the  adverfe  Party,  or  his  or  her  Attorney,  of  the 
Time  and  Place  when  fuch  CommifTion  is  to  be  executed  ;  which  Depofition,  when 
returned,  fliall  be  received  as  legal  Evidence. 

LIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Perfon 
who  fha'l  be  fummoned  as  a  Witnefs  in  any  of  the  Superior  Courts,  or  before  any 
Perfons  appointed  to  take  Depofitions,  fliall  refue  to  give  Evidence,  on  Oath,  fuch 
Perfon  fo  refufing  fhall  be  committed  to  the  common  Gaol,  there  to  remain  without 
Bail  or  Mainprize,  until  he  or  fhc  be  willing  to  give  Tellimony,  in  fuch  Manner 
as  the  Law  now  doth,  or  fhall  hereafter  direA.  Provided,  That  the  People  called 
Quakers  fliall  have  the  fame  Liberty  of  giving  their  Teltimony,  by  Way  of  folemn 
Arfirmation,  as  by  Aft  of  Parliament  made  la  the  Eighth  Year  of  the  Reign  of  his 
M.ijefty  King  George  the  Firft,  intituled.  An  /Lt  for  granting  the  People  called  'Quakers 
fuch  Terms  of  /iffirniation  or  Declaration  as  may  remove  the  Difficulty  which  many  of  them 
lie  under;  and  that  ail  Negroes,  Indians,  Muiattoes,  and  all  of  mixed  Blood  def- 
cended  from  Negro  or  Indian  Anceftors  to  the  Fourth  Generation,  bond  or  free, 
fnall  be  de.^med  and  taken  to  be  incapable  in  Law  to  be  WitnefTes  in  any  Cafe 
whatfoever,  excepting  againft  each  other. 

LIV.  AND  be  it  further  Enacted,  by  the  Authority  nforefaid,  Thr.t  during  the 
Attendance  of  any  Perfon  fummoned  as  a  Witnels  to  a  Superior  or  Inferior  Court, 
and  as  fuch  Perfon  is  going  or  returning  from  the  Place  of  fuch  Attendance,  allow- 
ing one  Day  for  every  Twenty  Five  Miles  fuch  Perfons  Refidence  fhall  be  diftant 
from  the  fame,  no  Sheriff  or  other  Officer  fhall  ferve  or  execute  on  any  Perfon  fb 
attending,  going  to,  or  returning  from  luch  Court,  any  Writ,  Procefs,  \Varrant, 
Order,  Judgment,  or  Decree,  in  any  Caufe ;  and  if  any  fuch  fliall  be  fcrved  or  ex- 
ecuted, the  fame  fhall,  and  is  hereby  declared  to  be  null  and  void. 

LV.  rlND  be  it  further  Enacted,  ly  the  Authority  afcrefaid.  That  for  every 
Mile  any  W^itnefs  fliall  travel,  either  going  to,  or  returning  from  the  Court  to  which 
fuch  Witnefs  fnall  be  fummoned  to  appear,  there  fnall  be  paid  to  him,  by  the  Party 

at 


Prnvir>,  for  the 
^d^/er^e  i-*arty  to 
have  Notice. 


Ptrf.ins  leaving 
the  Province, 
thtir  Depofitions 
may  be  taken. 


Pen.     for  Refufal 
to  givt  Evidence, 


Prr,v:fo  for  Qua- 
kers. 


Neproe?,  &c  no 
Eviilcncr,  rxcrpC 
agair.ll  each  o- 
tner. 


VJitncffcs  Piivi- 
lege. 


Th'ir  Allowince 
for  Aileniiiince. 


384  LAWS    of    North-Carolina. 


A.  D.    1768.    at  whofe  Inftance  the  Subpoena  ifilied,  Three  Half  Pence,  Proclamation  Money, 
^-"•"^f"-^     .per  Mile,  together  with  the  neceffary  Charges  of  Ferriage  ;  and  Three  Shillings  like 

Money  tor  every  Day's  Attendance,  from  the  Time  appointed  for  the  Appearance, 

until  the  Time  fuch  Perlon  ihall  have   given  Evidence,    or  fhall   be  dilbharged. 

Provided,  That  in  any  Bill  of  Cofts,  there  fhall  not  be  allowed  the  Charge  of  more- 

than  Two  WitnelTes  to  any  one  particular  Matter  of  Fact. 

w.its  of  Enor        LVI.     A  N B  he  it  further  Enacfed,  by  the  Authority  aforefaid.  That  the  Superior 
granted.  Courts  fliall  have  Power  and  Authority  to  grant  Writs  of  Error  for  correcting  the 

Errors  of  any  Inferior  Courts,  where  the  lame  fhall  be  neccfiary;  and  the  l^arty 
prayino-  fuch  Writ  of  Error,  before  the  lame  fhall  iffue,  fhall  afhgn  Error,  and  give 
liond  and  Security,  to  be  approved  of  by  the  Court,  to  abide  by,  perform,  and 
fuliil  the  Judgment  which  ihall  be  given  thereon  by  fuch  Court :  And  if  upon  Ar- 
gument of  any  Writ  of  Error,  or  Trial  of  any  Appeal  from  any  Inferior  Court, 
the  Judgment  or  Decree  ot  the  inferior  Court  fliall  be  reverfed,  the  Superior  Court 
fhaii  o-rant  Judgment,  or  make  luch  Decree  ihcixupon  as  Ihould  have  been  entered 
or  made  up  in  luch  Inleiior  Court,  and  fliall  and  may  ifi'ue  Execution  thereon, 
without  granting  a  Writ  oi  Procedendo  ;  and  to  prevent  the  obtaining  Writs  of  Er- 
ror by  Surprize,  the  Party  praying  luch  Writ,  m  a  civil  Caufe,  fhall  give  Notice 
to  the  auverlc  i'arty  ol  his  moving  tor  fuch  Writ,  at  leall  Ten  Days  before  fuch 
Motion  i  and  no  luch  Writ  fhall  be  granted  without  an  Affidavit  of  fuch  Notice. 

tiabas     c-rpus       LVII.     AND  for  preventing  long  and  opprefTive  Imprifonmenf^,  Be  it  Ena^ed, 
rny  !e  grant. rt,    ^    ^^^  Authority  aforefaid.  That  when   any  Perion  fhall  be  committed,    in  any  civil 
]j'.c»yTThe  sl'    Adtion,  to  tiie  Gaol  ot  any  County,    by  Procefs  illuing  out  ot  any  Inferior  Court, 
pcnor  Cou.t.        ^^^  ^^^y  Matter  cognizable  in  the  Superior  Court,  it  fhaii  and  may  be  lawful  for  the 
Superior  Court  ot  the  Diftrid  in  which  fuch  Pcrlon  ihall  be  imprifoned,  upon  Pe- 
tition, and  Caufe  fhewn  by  the  Perion  fo  imprifoned,  to  ifTue  out  a  Habeas  Corpus 
cum  Caufct,  to  re.hove  the  Body  of  luch  Defendant  into  the  Gaol  of  fuch  Superior 
Court,  and  the  Caufe  of  Commitment  into  the  fame  Court ;  and  the  Clerk  of  fuch 
Suponor  Court  is  hereby  authorized,  directed,  and  required,  by  Order  of  the  Court, 
to  ifTue  fuch  Writ  accordingly  •,  and  the  Court  fhall  and  may  proceed  therein,  and 
bail,  difcharge,  or  retain  fuch  Prifoner,  as  the  Right  of  the  Cafe  may  require. 

caof.st.nnfpofea        LVIII.     AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  all  Caufes, 
to  the  sui-crirr   ^^,^|         Writs,  Suiis,  Plainis,  Procefs,  Recognizances,  Indidments,  and  Preient- 

Court  Dotkets.       ii<->.«""-'5  7  ■>  ^      ,,  ,         ,  ,  •  r    1       1  o  •        /"•      ,„»„ 

ments  whatloever,  that  are,  or  fhall  be  depending  in  any  ot  tlie  late  Superior  Courts 
of  Juftice  within  this  Colony,  or  fuch  as  fhall  be  returnable  to,  or  had,  or  fhall 
have  Day  or  Days  in  any  ot  the  faid  late  Superior  Courts,  or  other  Matters  or 
Things  in  them  depending,  and  not  fully  determined,  ihall  be  transferred  and  put 
on  tlie  Dockets  of  the  relpeftive  Superior  Courts  hereby  eftablifhed,  in  the  fame 
Order  they  (liall  then  fland  in  the  Duckets  of  the  faid  late  Superior  Courts  refpec- 
tively  -,  and  fliall  be  proceeded  in  by  the  faid  Superior  Courts  hereby  eftablifhed, 
according  to  the  Method  by  this  Ad  direded,  as  if  the  fame  had  bten  originally 
commenced  in  any  of  the  fame,  due  Regard  being  had  that  fuch  Courts  take  Cog- 
nizance of  fuch  Suits,  Matters  and  Things,  the  Caufe  or  Caufes  whereof  arofe,  or 
is  fucro-efted  to  have  arilen,  within  their  reipedive  Diftrids. 

AO-.on  gwrn  m       LIX.     A  N  D  bc  it  further  EnaElcd,  by  the  Authority  aforefaid.  That  in  all  Cafes 
the  G.rTcai   ,t   whcrcln  by  any  Ad  of  AiTembly  heretofore  made,  Adion  is  given,  or  Recovery 
Courts'T.rm.y   dircdcd  to  be  had  in  the  General  Court,  or  any  of  the  Supreme  Courts  of  Juftice, 
Ihe  f 'm '' m  the   Q)'^'"  ^"^^  "terminer,  and  General  Gaol  Delivery,  or  in  any  of  the  late  Superior  Courts 
JrcienTamt's.'   within  this  Colony ;  in  every  fuch  Cafe,  after  the  palTing  of  this  Ad,  Suit  may  be 
brought  for  the  fame  Caufe  of  Adion,  and  Recovery  had  in  fome  one  of  the  Supe- 
rior Courts  of  Juflice  hereby  eftabliflried,  and  Judgment  and  Execution  fhall  be  en- 
tered as  in  other  Cafes  by  this  Ad  direded. 

LX.  AND 


L    A   iV  S      cf      N  OR  T  H  -C  A  R  O  L  I  N  A.  385 

LX.     AND  be  it  further  Enacted^  by  the  Authority  aforefaid^    That  all  Writs  and  A.  D.  1768. 

othrr  Procefs,  and  all  Suits,  Appeals,  and  Proceedings  whatfoever,  ifTued,  oranted,  ^— -r^r"*— ^ 

or  profecuted  in  the  late  Superior  Courts,  wherein  Judgment  hath  been  entered,  or  theVte 'c.l'.u.- 

Decree  made,  (hall  and  may  be  taken  Cognizance  of  by  the  Siiperior  Courts  ot  the  "'/''  '"'    *"''":" 

relpeclive  Diftricts  hereby  ellabiilhcd,    wherein   the  Caule  of  A6lion  did  ariie,    or  thf'p.cfcnt"'  '" 

was  fuggefted  to  have  arifen  ;    and  fuch  Courts  may  refpeftively  award  Execution,  ^'"°'^^- 
or  other  neceflary.  Proceeding?,  on  fuch  Judgment  or  Decree,  in  the  fame  Manner 
as  if  fuch  Suit  had  been  originally  commenced  in  fuch  Court;    any  Law,  Ufage, 
orCufton,  to  the  contrary,  notwithftanding. 

LXI.     AN  D  be  it  further  EnaHed,  by  the  Authority  aforefaid^  That  wherein  any  of  FnrfeiteH  Recog- 
the  late  Superior  Courts,  any  Recognizance  has  been  forfeited,    or  Fine  impofed,    urc"«.t"hJv* 
and  not  hithi'rto  paid,  it  fhall  and  may  be  lawful  lor  the  Superior  Courts  hereby    ''•vi'-'i- 
cftablifhz^d,  of  the  Diftrifl  in  which  fuch  Recognizance  was  or  fliall  be  forfeited,  or 
F'ine  impofed,  to  iffue  Execution,  for  levying  the  fame,  after  the  Party  lliaii  be 
lerved  with  a  Writ  of  Scire  Facias,  and  fails  to  fliew  fufficient  Caule  to  the  contrary  ; 
and  in  all  Recognizances  which  [hall  hereafter  be  forfeited,  or  Fines  which  fhall 
be  hereai'ter   impofed,    in  any  of  the  Superior  Coutrs,  the  fame  Procels  Ihall  ifTue, 
and  the  Forfeitures  be  levied  in  the  fame  Maijner,  unlefs  lufficient  Cauie  be  fhewnj 
on  the  Return  of  a  Scire  Facias,  why  fuch  Forfeiture  fliould   be  difcharged  or  miti- 
gated by  the  Court. 

LXir.     AND  whereas  many  of  the  Prifons  within  this  Province  are  infufficient   commiirnn    of 
for  the  Retention  of  Perfons  who  may  commit  capital  and  other  Offences  againft    n!rm"''b'?iira- 
his  Majefty,    his  Peace  and  Government;    therefore  for  the  fpeedy  Trial  of  fuch   7L""^ 
Oifenders,    Be  it  Enaded,    by  the  Authority  aforefaid.   That  the  Governor,   or  Com- 
mander in  Chief  for  the  Time  being,  fo  often  as  he  fhall  find  it  necelTary,  is  hereby 
impowered  and  authorized  to  ifTue  a  Commiffion  of  Oyer  and  "Terminer,  and  General 
Gaol  Delivery,  under  the  great  Seal  of  the  Province,"^  direded  to  the  Chief  Jullice, 
and  his  AlTxiates,  or  either  of  them,  for  the  Trial  of  any  fuch  Offenders ;  and  the 
fdid  Juftices  fo  commiffioned,  or  either  of  them,  after  Receipt  thereof,  are  hereby 
impowered  to  hold  a  Court,  within  the  Time  limited  by  fuch  CommifTion,  for  the 
Trial  of  every  fuch  Offender ;    and  to  hear  and  determine  all  Treai'ons,  Murders, 
Burglaries,  Felonies,  Trefpiffes,  Crimes,  and  Mifdemeanors,    of  what  Nature  or 
Kind  fjever,  wherewith  fuch  Offender  or  Off«;nders  is  or  fhall  ftand  charged  ;    and 
give  Judgment,  and  award  Execution  thereon. 

XLIII.  AND  be  it  further  Ena^cd,  by  the  Authority  aforefaid.  That  the  Chief  Jurors  appomtedi 
Juftice,  and  other  Juftice  or  Juftices  fo  commiffioned,  or  either  of  them,  on  receiving 
fuch  CommuTion,  fhall  order  the  Clerk  of  the  Court  for  the  Diflriil  where  fuch 
Court  of  Oyer  and  Terminer  is  to  be  held,  to  iffue  Writs  of  Venire  Facias,  direfted 
to  the  Sheriff  of  the  refpeftive  Counties  within  fuch  Diftricl,  to  ferve  as  Grand  and 
Petit  Jurors  at  fuch  Court;  which  Writs  the  laid  Clerks  is  hereby  impowered  and 
required  to  iffue,  Ten  Days  at  leafl  before  the  Day  of  holding  every  Court  of  Oyer 
anj  Terminer,  to  iummons  Six  good  and  lawful  Men  as  Grand  Jurors,  and  Six 
other  good  and  lawful  Men  as  Petit  Jurors,  for  every  County  within  fuch  Diftridl", 
being  Freeholders,  to  appear  and  attend  at  fuch  Court;  which  Perfons  fo  fummoned 
as  Grand  Jurors,  or  fo  many  of  them  as  fliall  appear  (together  with  other  good  and 
lawful  Freeholders  of  the  By-fVanders,  if  neceffary,  to  add  to  fuch  to  make  a  fufficient 
Number  of  Grand  Jurors)  flmll  be  a  Grand  Jury  ;  and  it  fliall  be  lawful  for  fuch 
Grand  Jury  to  enquire  of,  and  prefent,  all  Treafons,  Felonies,  and  other  Offences, 
cognizable  in  the  laid  Court,  which  fhall  have  been  committed  or  done  within  any 
County  or  Counties  within  fuch  Diftrift  ;  and  the  Freeholders  lb  fummoned  as  Petit 
Jurors,  or  io  many  of  them  as  fliall  appear  (not  being  challenged)  together  with 
fo  many  other  good  and  lawful  Freeholders  of  the  By- (landers,  as"^  fhall  niake  up  the 
Number  of  Twelve,  fhall,  and  are  hereby  declared  to  be  a  lawful  Jury,  for  the 
Trial  of  any  Perf  )n  or  Perl()ns  indifted  of  Treafon,  Felony,  or  other  Crimes  or  Mif- 
demeanors, before  the  faid  Court  of  Oyer  and  Terminer:  And  if  any  Perfon  lb  fum- 

C  c  c  moned 


386 


LAWS    of    North-Carolina. 


A.  D.    1768. 

Pen     fir    non  at- 
tendance. 


Surplus  of  Dutiei 
appr^'priated. 


moned  to  ferve  on  the  Grand  or  Petit  Juries  before  fuch  Court,  fhall  fail  to  appear 
and  attend,  it  Ihall  be  lawful  for  the  faid  Court  to  fine  every  fuch  Perfon  fo  tailing 
Three  Pounds,  to  the  Ufe  of  the  County  whereof  he  is  Refident. 

LXIV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  fo  much. 
of  the  Money  as  fhall  arife  from  the  Duties  hereby  impofed  on  Law  Suits  and  Car- 
riage Wheels,  as  Ihall  remain  after  paying  the  Salaries  herein  provided  for  the  Chief. 
Juftice  and  AlTociate  Juftices,  Ihall,  and  is  hereby  applied  to  the  Contingencies  of 
this  Government. 


Pcmltics  how  rc- 
coveied  anJ  ap- 
plied. 


LXV.  AND  be  it  further  Enacted^  by  the  Authority  afcrefaid.  That  all  Penalties 
and  Forfeitures  arifing  by  Virtue  of  this  Aft,  for  which  no  Mode  of  Recovery  is 
provided,  or  of  which  no  Application  is  herein  before  made,  Hiall  be  recovered  by 
Aftion  of  Debt,  in  any  Court  of  Record  in  this  Province,  Refpeft  being  had  to  the 
Diftrid  and  Jurii"di<5tion  of  fuch  Court  •,  and  applied,  one  Half  to  the  Perfon  or 
Perfons  who  Ihall  fue  for  the  fame,  and  the  other  Half  to  the  Contingencies  of  Go- 
vernment. 


Whit  Procefs  to 
ifVii  on  a  Non  fft 
for  filial  Woiii- 
ons. 


Continuance     of 
the  Aa, 


LXVI.  AND  whereas  Doubts  have  arifen  as  to  what  Procefs  fhall  ifTue,  when 
any  Sheriff  fhall  return  that  any  Defendant  or  Defendants,  in  any  Suit  in  a  Superior 
Court  for  the  Recovery  of  Legacies,  filial  Portions,  or  diftributive  Shares  of  Intef- 
tates  Eftates,  cannot  be  found-,  for  Remedy  whereof,  Beit  EnaSJed,  That  in  all 
fuch  Cafes,  the  PlainrifT  lliall  be  intitled  to  an  Attachment  againft  the  Goods  and 
Chattels,  Lands  and  Teneinents,  of  fuch  Defendant  or  Defendants ;  and  upon  the 
Return  of  fuch  Attachment  executed,  if  the  Defendant  fhall  fall  to  reply,  plead, 
anlwer,  or  demur  the  fame  Term,  the  Plaintifl^  fhall  be  intitled  to  a  conditional  De- 
cree or  Judgment,  purfuant  to  the  Prayer  of  the  faid  Petition,  which  fhall  be  final 
at  the  next  Court,  unlefs  fuch  Defendant  or  Defendants  fhall  then  appt-ar  and  give 
Security,  and  plead,  anfwer,  or  demur  to  fuch  Petition  ;  and  the  fume  Method  fhall 
be  obfcrved  as  to  Garnilhees,  as  in  other  Cafes  of  Attachment. 

LXVIL  AND  be  it  further  EnaHed^  by  the  Authority  afcrefaid.  That  this  Aft, 
and  every  Claufe,  Ardcle,  and  Thing  therein  contained,  fhall  continue  and  be  in 
Force  for  the  Space  of  Five  Years,  from  and  after  the  pafTing  thereof,  and  to  the 
End  ot  the  next  SefTion  of  AlTembly,  and  no  longer. 


C  H  A  P.     IL 

An  A^  to  amend  and  continue  the  feveral  A"s  for  efiablifhing  Inferior  Courts  of  Pleas 
and  garter  Sejfwns  in  the  feveral  Counties  in  this  Province,  (a) 


Printed  Copy  of 
Fees  to  be  fer  up 
in  Clerks  Office, 


IV. 


ND  be  it  further  Ena^ed^  by  the  Authority  aforefaid.,  That  the  refpeftive 
^  ^  Clerks  of  each  and  every  Inferior  Court  in  this  Province  fhall,  within 
Six  Months  after  the  paffing  of  this  Aft,  affix  and  keep  up  in  fome  public  Place  in 
his  Office  (to  which  all  Perfons  may  have  Accefs)  a  true  and  perfeft  printed  Copy 
of  all  fuch  Fees  as  the  Clerks  of  the  Inferior  Courts  arc,  or  may  be  intitled  to  ;  and 
Pen  forNegiea.  cvcty  Clerk  failing  or  neglefting  fo  to  do,  fhall  forfeit  and  pay,  to  any  Perfon  that 
will  fue  for  the  fame,  Ten  Pounds,  Proclamation  Money,  for  the  firft  Six  Months 
fuch  printed  Copy  fhall  be  wandng,  and  Five  Pounds  a  Month  al'terwards  for  each 
and  every  Month  fuch  Fee  Bill  fhall  be  neglefted  to  be  kept  up  as  aforefaid ;  to  be 
recovered  by  Aftion  of  Debt,  in  the  Inferior  Court  of  the  County  where  fuch  Of- 
fender refides. 


Clerics  to  tranf.        V.     A  N  D  bc  it  furthcr  Enacted^    by  the  Authority  aforefaid.    That  the   Clerk 
^■rnor"  a^Lift  of   ©^  ^ach  and  every  Inferior  Court  in  this  Province  fhall,  within  Six  Months  next  after 

Taxdbies.  the 


(a)  The  ift,  2d,  3CI,  6tli,  7th,  Stli,  and  9th  Claufes  of  this  A^,  provided  for  by  Act  Dec.  1770, 
Chap,  19. 


L  A  i^  S    oj     Nokth-Carolina.  387 

the  Courc  to  which  the  Lifts  of  Taxables  are  returned,  in  every  Year,  tranfmit  to    ^.  D.  1768. 
his  Excellency  the  Governor,  a  true  and  fair  Copy  of  the  Lilts  of  Taxabks  of  the     ^""V""-^ 
County  whereof  he  is  Clerk j  and  the  faid  Clerk,  Ihall  refpedively  tranlmit  to  the 
Governor  an  exai5t  Account  ol  the  Number  of  I'axabies  iettled  for  by  the  Sheriff, 
with  the  Inferior  Court  of  the  County,  and  alio  the  Number  cf  Iiifolvents  allovv'ed      ^ 
fuch  Sheriff  ac  fuch  Settlement,  and  the  Names  of  the  Juftices  fettling  fuch  Account, 
within  Six  Months  next  after  fuch  Settlement. 

X.  AND  whaeas  the  Days  heretofore  appointed  by  Law  for  holding  the  Infe-    o-.nty    courti 
rior  Courts  for  the  Counties  of  New  Hanover^  Ovjlow,  Duplin^  Cu>yiberland,  Bladen,   '^  ="  ^  • 
Pitty  Craven,  Lobbs,  Currituck,  Paf que  tank,  Chowan,  Tyrrell,  Hertford,  Northampton, 
Edgcoinb,   Bute,  Orange,  Granville,   Rowan,  Meckltnbv.rg,   and  johnjton,   have  been 

Ibund  inconvenient  for  thofe  whofe  Bufinels  it  is  10  attend  fuch  Courts  :  Be  it  there- 
for EnaJed,  by  the  .htthority  aforefaid.  That  from  and  after  the  paffing  this  A6t  the 
Inferior  Courts  of  Tleas  and  Quarter  Seilions  for  the  fcvcral  Counties  aiorefaiu  fliall 
be  held  on  the  Days  following,  inftead  of  the  Days  heretofore  appointed  for  holding 
fuch  Courts,  to  wit. 

New  Hanover,  tlie  Firft  Tiiefday   •% 

Onflov),  the  Second  Tuefday  It'v  j    -i   <-i  i         a  n>trt  l 

^•^  ,.  '    ,     T    ,.    ,   ,-     -^    -^  >  In  January,  April   fiih,  and  05fober. 

Duplin,  th^-i  hwd 'lucjuay  |        -^  -'^     r     ■>  j   j-> 

C'onberknd,  the  Fourth  Tuefday      J 

Bla.ien,  tne  Firit  Tuejdr.y  in  February,  May,  Av.guft,  and  November. 

Pitt,  the  F'ourth  Tucjdcy  in  January,  Afril,  July,  and  Ottober. 

Craven y  the  Second  '■iuffday  m  March,  J<^ne,  September,  and  December. 

Dobbs,  the  Firft  Tuefay  in  January,  April,  July,  and  Otiober. 

Currituck,  the  Firll  T,.ejday  t 

Paf quo  lank,  the  Second  -luefday      J-  In  March,  June,  September,  and  December. 

Cboi^an,  the  Third  Tuefday  J 

Tyrrell,  the  Second  Tuejday  in  February,  May,  Augujl,  and  November. 

*  Granville  and  Hertford,  the  Firft  TuCjday  in  February,  May,  Augufl,  and  November.         ^ 
Bute,  the  fccond  Tuefday  y 

*  Halifax,  the  Third  Tuefday  >  In  February,  May,  AicguJi,  and  November. 
Edgcomb,  the  Fourth  Tuefday         } 

Mecklenburg,  the  Second  Tuefday    t 

*  Rowan,  the  Third  Tuefday  >  In  January,  April,  July,  and  October. 
Orange,  the  Fourth  Tuefday            J 

Northampton,  the  Firft  "iuefdny  in  March,  June,  September,  and  December. 
And  Johnflon,   the  Fourth  Tuefday  in  February,  May,  Aiigufl,  and  November,  in  * 
every  Year. 

XI.  AN D  be  it  further  Ena5fed,    by  the  Authority  aforefaid.   That  all  Aftons,    pmcefa  began  in 
Suits,   Writs,    Proccfs,    Petitions,    Indiftments,    Informations,    and   Prefentments   *''',.'""''"  ^""'''* 

'  '  '  '      ^  ^  *  '  i*r(^*  Cfintiniita   to   trie 

vvhatfoever,  heretofore  commenced  in,  ilTued  from,  or  returnable  to  the  refpective  prefcnt  courts. 
Courts,  the  Time  for  holding  of  which  is  altered  by  this  Ad,  (hall  be,  and  are 
hereby  continued  to  the  particular  Days  and  Times  hereby  appointed  ;  and  all  Sub- 
poenas for  Witnefles,  and  Recognizances  for  the  Appearance  of  Perfons  at  the  faid 
Courts,  as  eiTedlual  as  if  the  particular  Day  for  holding  any  of  the  faid  Courts  had 
been  mentioned  therein  ;  and  the  Perfons  fummoned  as  Witnefles,  and  entering  into 
fuch  Recognizances,  bound  to  appear  accordingly. 

XII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  fo  much  of  Afl.  continued, 
an  A61  of  Aflembly,  intituled.  An  Act  to  ejlablifj  Inferior  Courts  of  Pleas  and  garter 

C  c  c  2  SeJfions 

•  The  Court  Days  for  the  Counties  of  Granville,  Hertford,  H<i!:fax,  Rovjan,  and  A-i/on,  altered, 
by  Aa  Nov.  1763,  Chap.  20. 


388 


LAWS    of    North-Carolina. 


^.  D.  176S.  Seffions  in  tbe  feveral  Counties' in  thii  Province;  and  alfo  one  other  Aft  of  Affembljr^ 
ciade  and  pafled  in  the  Fifth  Year  of  the  Reign  of  his  prefent  Majefty,  intituled, 
yin  Act  to  amend  and  continue  an  Act,  intituled.  An  Act  to  eftabliJJj  Inferior  Courts  $f 
Pleas  and  garter  Sejfwns  in  the  feveral  Counties  in  this  Province ;  as  is  not  otherwiic 
provided  lor  in  this  Ad,  and  each  and  every  Claufe  and  A; tide  in  them  refpeftively 
contained,  together  with  this  Ad,  fhall  continue  and  remain  in  full  Force  and  Ef- 
fed  for  the  Space  of  Five  Years,  from  and  after  the  paffing  hereof,  and  from  thence 
to  the  End  of  the  next  Seffion  of  AfTembly,  and  no  longer  >  any  Thing  in  the  faid 
recited  Ads  contained  to  the  contrary,  notwithftanding. 


Fireimble. 


Jurrrj   hew  ap- 
pointed. 


Tfot  to  ferre  two 
C  urtJ,  "I  when 
th?y  have  Afti- 
ine  depeniJing, 


Numfcer  ft  Ju- 
lois  tor  the  feve- 
ral Ccuntiei  to 
$>e  appointed. 


Pen.  for  non-  At. 

ItuiiJiits. 


CHAR     III. 

An  AU  directing  the  Method  of  appointing  Jurymen  in  aU  Catifes  criminal  and' civil 

I.  ^"^TFIEREAS  a  juft  Decifion  of  Suits  and  Controverfies  in  the  feveral 
y  y     Courts  of  Juftice  in  this  Province  greatly  depend  on  the  Integrity  and 
Capacity  of  Jurymen : 

IL  B  E  it  Enacted,  hy  the  Governor,  Council,  and  AJfemhly,  and  hy  the  Authority 
of  the  fame.  That  no  i-'erlon  Ihall  be  a  Juryman  in  either  of  the  Superior  Courts  of 
Juftice  within  this  Province,  who  Ihall  not  be  nominated,  fummoned,  and  qualified, 
as  is  herein  alter  dircdcd,  that  is  to  fay ;  the  Juftices  of  the  Inferior  Courts  within 
the  Diftrid  of  each  relpedive  Superior  Court  within  this  Province  fliall,  and  they 
are  hereby  ciircded,  btiore  the  Sitting  of  any  Superior  Court,  to  non  inate  Twenty 
Four  Freeholders  to  fervc  as  Grand  Jurymen,  and  Twenty  Four  Freeholders  to 
fcrve  as  Petit  Jurors,  at  fuch  Superior  Lourt. 

• 

III.  PROVIDED  alivays.  That  no  Inferior  Court  Ihall,  knowingly,  nomi- 
nate any  Pcrlon  tp  ferve  as  a  Grand  or  Petit  Juror,  at  I'wo  Courts  fucceflively  ; 
nor  any  Perfon  to  ferve  on  the  Petit  Jury,  who  fhall  have  an  Adion  or  Suit  to  be 
tried  in  the  Superior  Court,  at  the  Term  to  which  he  Ihall  be  nominated. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Number 
of  Freeholders  to  be  nominated  for  each  County  to  fcrve  as  Jurors  as  aforefaid,  Ihall 
be  proportioned  as  follows,  to  wit,  New  Hanover  County,  1  welve.  Bladen  County, 
Eight.  Onflow  County,  Eight.  Duplin  County,  Eight.  Cumberland  County,  Six. 
And  Brunfuvick  County,  Six,  for  the  Diftrid  of  Wilmington.  Craven  County, 
Eighteen.     Carteret  County,  Four.     Beaufort  County,  Six.     Hyde  County,  Four. 

(a)  Dobbs  County,  Ten.  And  Pitt  County,  Six,  for  the  Diftrid  of  Newlcrn. 
Northampton  County,  Twelve.     Halifax  County,  Fourteen.     Edgcomb  County,  Ten. 

(b)  Johnjlon  County,  Six.  And  Bute  County,  Six,  for  the  Diftrict  of  PIcUfax. 
Chowan  County,  Ten,  Perquimons  County,  Six.  Pafquotavk  County,  Eight.  Car- 
rituckCo\JinVf,  Four.  Tyrrell  Coumy,  Six.  Bertie  County,  Eight.  And  Hertford 
County,  Six,  for  the  Diftrict  of  Edenton.  (c)  Rowan  County,  Twenty  1  wo, 
(d)  Anfon, County,  Ten.  And  Mecklenburg  County,  Fourteen,  for  the  Diftrict  of 
Salifbury.  (e)  Orange  County,  Thirty  Six.  And  Granville  County,  Twelve,  for 
the  Diftrict  oi  Hillflorough.  A  Lift  of  which  Jurors  fo  nominated,  fliall  be  delivered 
by  the  Clerk  of  each  Inferior  Court  of  Pleas  and  Quarter  Stflions  to  the  Sheriff, 
who  fhall,  and  is  hereby  required,  to  fummon  the  Perfons  fo  nominated  to  ferve  as 
Jurymen  at  the  Superior  Court:  And  if  any  Juryman  fo  fummoned  fhall  fail  to 
appear,  he  fhall  be  fined  Five  Pounds,  Proclamation  Money,  unlcfs  he  can  fhew 
fufficient  Caufe  to  the  next  Court  to  excufe  his  Non-Appearance ;  which  Fine  fhall 

be 


(a)  Number  of  Jurors  for  DoLls  altered  to  6,  by  A&.  Dec.  1770,  Chap.  22, 

(i>J  Number  for  'Johnjiun  altered  to  4,   by  the  fame  Aft. 

(c)  Jurors  for  Roivati  12,  by  Ad  Dec.  177c,  Chap.  42, 

(ti)  jurors  for  An/on  6,  and  for  Mecklenburg  6,  by  Ad  Dec.  1 770,  Chap.  24. 

CeJ  Jurors  for  Orange  22,  by  Ad  Dec.  1770,  Chap.  27. 


L  A  iV  S    of    North-Carolina. 


zh 


be  applied  to  the  Payment  of  fuch  Jurors  as  Ihall  attend  from  the  faid  County,  and    A.  D.    1768. 
thereby  leffcn  the  County  Tax.  W  — y  ..^ 

V.  P ROFIDED  always,  That  if  any  of  the  faid  Inferior  Courts  of  Pleas  Bvft.nJerstobe 
and  Qiurter  Seffions  lliall  fail  or  negled  to  nominate  Freeholders  to  lerve  as  Grand  '  '"^"^"""i.  t  -  be 
and  I'ctit  Jurors  as  aforefaid,  or  the  i-'erfons  fo  nominated  fhall  iail  to  attend,  it  Ihail  andpjn  fm  cun* 
and  mjy  be  lawful  for  fucii 'Superior  Court  to  order  and  dire(5t  the  Shenfi  to  fum-  ■^"^^'^^nte. 
mons  other  Freeholders  of  the  iiy-llanders  to  icrve  as  Jurymen,  for  either  Grand  or 

Petit  Jurors;  and  the  Perfons  lo  lummoncd,  fhall  be  d.emtd  and  held  as  lawful 
Jurymen.  Provided^  That  fuch  By-ftanders  as  Ihall  be  fummoned  to  ferve  on  the 
Jr'etit  Jury,  fliail  and  may,  every  Day,  be  ddcharged,  and  the  fucceeding  Day,  and 
/o  from  Dr/  to  Day,  during  the  Continuance  oi  the  Court,  the  Sheriff  fliail  fum- 
mons  of  tiie  By  (landers  fo  many  as  fliali  be  neceffary  :  And  every  ii^erfon  fo  lum- 
moricd  oi  the  i3y-ltanders,  v/ho  fliall  not  appear  and  ferve  as  a  Juryman,  fliall  be 
fined  the  Sum  oi  Three  Pounds,  Proclamation  Money,  uniefs  he  can  fhew  fufficienc 
Caufe,  to  be  admitted  by  the  Court ;  to  be  applied  as  before  diredfed. 

VI.  AND  that  the  Fines  may  be  applied  according  to  the  Diredions  of  this  rmes how i=vw; 
Act,  Be  it  Enacted,  by  the  Authority  aforejaid,  I'hat  the  i^'ines  herein  impoied  fliall 

be  levied  by  the  Sr.erilTof  each  rclpedive  County  wherein  each  Perfon  Ihail  reiide, 
who  Oiail  be  lummoned  as  a  Juryman  as  is  herein  direded,  and  fhall  fail  to  appear 
and  ferve  as  fuch  ;  and  fuch  Sheriff  fhall  be  accountable  for  the  fame  to  the  Inlerior 
Court  of  his  County. 

VII.  AND  be  it  further  Ena£led,  by  the  Authority  aforefaid.  That  the  Sheriff  of  Time  and  Man- 
each  refpechve  County  fhall,  and  is  hereby  required,  "to  fummons  the  Freeholders  [„'  w"'""'""* 
in  the  Liit  to  be  delivered  to  him  by  the  Clerk  of  die  Interior  Court  of  his  Coupty, 

at  leaft  Ten  Days  b-rfore  the  Sitnng  ol  the  Superior  Court  at  which  luch  Freeholders 
are  to  attend  as  Jurors,  which  he  may  do  perionally,  or  by  leaving  a  Note  or  Sum- 
mons, in  Wriung,  at  the  Dwelling-Houle  of  luch  i'reehoider  fo  to  be  nominated  as 
aforefaid.  , 

VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Clerk  cf  m  nncrofdraw. 
each  Superior  Court  Ihall,  every  Day,  during  the  Continuance  of  iuch  Court,  write  i"^  J^'.y''' '" "«- 
the  Names  of  all  Petit  Jurors  appearing,    on  Scrolls,  or  Pieces  of  Paper,  which  '' 

fhall  be  put  into  a  Box,  and  on  every  liilie  in  every  Suit,  where  it  is  not  otherwife 
agreed  by  Confenr,  a  Child,  under  Ten  Years  old,  in  open  Court,  fhail  draw  out 
of  the  laid  Box  Twelve  of  the  faid  Scrolls  or  Pieces  of  Paper ;  and  the  Perfons  whofe 
Names  (haJl  oe  on  the  faid  Scrolls  or  Pieces  of  Paper,  drawaas  aforefaid,  fhall  be 
the  Jurors  to  try  fuch  Iffue,  provided  that  they  ail  do  appear;  and  in  Cafe  of  De- 
faulters, other  Scrolls  fhall  be  drawn,  till  a  luliicient  Number  fhall  appear  to  make 
a  compleat  Jury. 

IX.  PR  0  FIDE  D  akvays.  That  if  any  of  the  Jurors,  whofe  Names  fhall  be  pro^!faforClla». 
drawn  as  is  herein  before  directed,  fhall  be  lawfully  challenged,  other  Scrolls  fhall   ''"6^- 

be  drawn,  in  Manner  aforefaid,  as  Occafion  may  require,  till  a  complete  Number 
of  Jurors  fhall  be  made  out. 

X.  AND  whereas  the  attending  the  Superior  Courts  will  be  very  expenfive  to   . 

urors;  tor  Remedy  whereof,  Be  ^t  Enacted,  by  the  Authority  aforefaid.  That  each  fcrAttcn£*wc 
and  every  Juror  who  fhall  attend  either  of  the  Superior  Courts  to  which  he  fhall  be 
nominated  as  aforefaid,  and  fummoned  in  Virtue  of  this  Ad,  upon  producing  a 
Certificate  from  the  Clerk  of  the  Superior  Court  of  the  Time  of  his  Attendance,  to 
the  Inferior  Court  of  the  County  where  he  refides,  fhall  have  and  receive  Three 
Shillings,  Proclamation  Money,  for  every  Day  he  fliall  travel  and  attend  as  afore- 
faid ;  and  an  Allowance  for  fiis  Ferriages,  if  certified  as  aforeiaid,  to  be  paid  out 
«f  the  County  Tax, 


XI.  AND 


390 


LAWS    0/    North-Carolina. 


Special    Juries 
fiuy  be    appjuit- 


A.  D.  1768.  XI.  AND  be  it  further  Enacted^  by  the  Authority  afcrefaid^  That  from  and  after 
the  pafling  this  A<5t,  in  all  Suits  depending  or  profecuted  in  any  of  the  Superior 
Courts  of  Jullice  within  this  Province,  wherein  the  Title  or  Bouncs  of  Lands  fhalJ 
come  in  Queltion,  if  it  fhall  appear  to  the  Court  that  it  will  be  neceflary  that  the 
Jurors  who  are  to  try  the  Iffue  joined  m  any  iuch  Suit,  fhould  have  a  View  of  the 
Mcffuages,  Lands,  or  Place  in  Q^ieftion,  in  order  to  their  betier  undcrflanding  the 
Evidence  that  will  be  given  upon  the  Trial  ol  Iuch  Iflue ;  in  every  fuch  Cafe,  the 
Court  in  which  fuch  Suit  ihaii  be  depending,  may  (on  Reafons  being  fliewn,  and 
approved  by  the  Court)  order  fpeciaJ  Writb  of  Venire  Facias^  ox  Habeas  Corpora, 
to  ifluf,  by  which  the  Sheriff,  or  lucn  other  Officer  to  whom  the  faid  Writ  Ihall  be 
direcled,  Ihall  be  commanded  to  have  the  Jurors  numed  in  fuch  Writ,  or  Six  of 
them  at  leaft,  at  the  Place  in  Qiieftion,  fome  convenient  Time  before  the  Trial  of 
fuch  Caufe,  who  then  and  there  mail  have  the  Matter  in  Qiiefton  fliewn  to  them  by 
Two  Perfons  in  the  faid  Writ  named,  and  to  be  appointed  by  the  Court;  and  the 
Sheriff,  or  other  Officer,  Ifiali  certuy  un  the  faid  Writ  what  Proceedings  have  been 
had  thereon. 


Manner  of  ftrik- 
iMg  them. 


■Number  of  ihcra 
M  b*  I'wora. 


Sarvevor    to    at- 
tend the  Jury. 


Time  of  fum- 
monng  the  Jury, 
anH  Hen.  for  non- 
Attendance. 


Jurors,  Shetiffs, 
and  Surveyor's 
Allowance.        ^ 


XII.  AND  be  it  further  Ena'Ted,  by  the  Authority  aforefatd^  That  where  a  View 
fhall  be  ordered  as  aforefaid,  the  Jury  appointed  for  that  Purpofe  fhall  be  ftruck  in 
Manner  fol. owing,  to  wit,  1  he  Plaintiff  and  Defendant,  or  their  Attornies,  fhall 
deliver  to  each  other  a  Lilt,  containing  the  Names  ol  Twelve  good  and  lawlul  Free- 
holders, inhabiting  within  the  Dittritt  ot  the  Court  ordering  Iuch  View ;  and  each 
Party  having  ftruck  out  Six  of  the  Names  on  the  iaid  Lift,  the  Perfons  whofe 
Names  are  remaining  thereon  fhall  be  the  Jurors  to  have  fuch  View  ^  and  if  either 
Party  fhall  refufe  to  comply  with  the  Direttions  of  this  Ad,  in  ftriking  fuch  Jury, 
the  Court  fhall  ftrike  Six  Jurors  in  the  Stead  of  him  fo  rcfufing. 

XIII.  A  N  D  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  when  a  fpecial 
Jury  fhall  be  allowed  as  atoielaid.  Six  of  the  Jurors  named  in  the  Pannell,  or  more, 
who  have  had  fuch  View  and  appear,  fhall  be  firft  fworn  on  the  Trial  of  the  IfRie 
joined  in  the  Caufe  before  any  others  fhall  be  ballotted;  and  fo  many  only  fhall  be 
bailotted  and  added  to  the  Viewers  who  appear  as,  after  all  Defaulters  and  Challen- 
ges, allowed,  make  up  the  Number  of  Twelve  to  be  fworn. 

XIV.  AN D  be  it  further  EnaEfed,  by  the  Authority  aforefaid.  That  when  any 
fuch  View  fhall  be  ordered  as  aforefaid,  the  Court  allowing  the  fame  may,  if  it  fhall 
appear  neceffary,  order  any  Surveyor  to  attend  the  fame,  and  to  run  out  and  furvey 
the  Lands  and  Lines  in  Difputc,  in  fuch  Manner  as  each  Party  and  the  Viewers 
Ihall  dire(i:t,  and  to  make  Three  accurate  Plans  of  fuch  Surveys,  and  return  the  fame 
to  fuch  Court ;  which  Order  fuch  Surveyor  is  hereby  required  to  obey. 

XV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sheriff, 
or  orfier  Officer  to  whom  fuch  Writ  of  Dijlringas  or  Habeas  Corpora  fhall  be  direfted, 
fhall  fummons  the  Jurors  theiein  named  to  appear  at  the  Place  to  be  viewed,  at 
leaft  Five  Days  before  fuch  View  is  to  be  had  ;  and  every  Juror  being  fo  fummon- 
ed,  and  failing  to  attend  and  take  fuch  View,  or  to  attend  the  Court  to  try  the  Iflue 
in  'the  Caufe,  ftiall  be  fined  by  the  Court  for  every  fuch  Negledl,  a  Sum  not  ex- 
ceedino-  Five  Pounds,  Proclamation  Money,  to  be  levied  as  other  Fines  fet  on  Ju- 
rymen, and  appied  to  the  Ufe  of  che  County  wherein  the  Lands  in  Difpute  are 
fituate  •,  unlefs  the  Perfon  fined  fhall,  on  Oath,  fhew  to  the  Court  fufficient  Reafon 
for  fuch  Failure  or  Negled. 

XVI.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  Jurors 
attending  fuch  View,  and  at  the  Court  in  the  Trial  of  fuch  Iffue,  fhall  have  the 
fame  Allowance  as  other  Jurors  are  intitled  to  who  attend  at  the  Superior  Court  of 
Juftice  ;  and  the  Sheriff  ihall  be  allowed  Ten  Shillings  per  Diem  for  attending  at 
fdch  View,  to  remove  Force,  if  any  fhould  be  offered  ;  and  the  Surveyor  fhall  have 
and  receive  Twenty  Shillings,   Proclamation  Money,  per  Diem,  for  travelling  to 

and 


L  A  IV  S    of    North -Carolina. 


and  from,  and  attending  at  the  Place  of  fuch  View,  and  difcharging  his  Duty  as  by    ^.  D. 
this  Aft  required  j  which  feveral  Allowances  fhail  be  taxed  and  aiiowed  in  the  Bill 
ofCofts.  '   *^*^''"'- 


\9i 


i;63. 


•   ' »  Was   uiir.e- 

Ctffi.y. 


Grind  and  Petit 
Jntr.5f.  rthrln- 
leri,  r  Ci  utts  to 
Le  fummcned. 


XVII.  PROVIDED  al-vjays^  That  if  it  Ihall  appear  upon  the  Trial  of  any 
fuch  Caufe,  that  the  ftriking  of  a  fpecial  J  ury  was  altogether  unnecefiarj^  the  Party 
who  applied  for  the  fame  Ihall  pay  all  the  extraordinary  Expences  occafioned  by 
ftriking  I'uch  a  Jury  ;  and  fliall  have  no  other  Allowance  of  Coft?,  than  he  would 
be  inticleJ  to  if  the  Caufe  had  been  tried  by  a  common  Jury.-  -    ' , 

XVIII.  AND  he  it  further  Enacted^  hy  the  Authority  afhHfaid,  Thit'the  Sheriff 
of  each  refpe6tive  County  of  this  Province  fhall,  Five  Days  at  ieaft  before  the  fitting 
of  each  relpeftive  Inferior  Court  to  be  held  after  the  paffing  of  this  Aft,  fummon 
Twenty  Four  Freeholders  to  ferve  on  the  Grand  Jury,  and  Twelve  Freeholders  to 
ferve  on  the  Petit  Jury,  to  attend  at  fuch  Courts  refpeftively;  which  faid  Jury  fhall 
appear  and  give  their  Attendance  accordingly,  rill  discharged  by  the  Court:  And 
that  there  may  not  be  a  Default  of  Jurors,  it  fnall  and  may  be  lawful  during  tbe 
fitting  of  the  Inferior  Court,  for  the  Sheriff,  by  Order  of  the  laid  Court,  to  fummon 
of  the  By-ftanders  other  Jurors,  being  Freeholders,  to  lerve  on  the  Petit  jury  fron\ 
Day  to  Day,  and  on  any  Day  of  the  faid  Court  the  Juftices  may  difcharge  thofe 
who  have  ferved  the  preceeding  Day. 

XIX.  A  N  D  to  enforce  the  Attendance  of  Jurymen  at  the  faid  Inferior  Courts, 
Be  it  Ena^ed^  by  the  Authority  aforefaid^  That  every  Perfon  who  fhall  hereafter  be 
fummoned  in  Virtue  of  this  Aft,  to  appear  either  as  a  Grand  or  Petit  Jurymen  at  any 
Infe'"ior  Court,  and  fhall  fail  to  appear,  or  to  give  his  Attendance,  till  dilcharged  by 
Order  of  the  Court,  fuch  Perfon,  fo  failing  to  appear  or  give  his  Attendance  till  dif- 
charged,  fliall  be  fined  Forty  Shillings  by  the  Juftices  of  the  Inferior  Court ;  to  be 
applied  towards  defraying  tlie  Charges  of  the  County,  and  leffening  the  County  Tax; 
unlefs  he  fhall  fhew  fuiBcient  Caufe  to  the  next  fucceeding  Court  for  fuch  Failure. 

XX.  AND  he  it  further  Enacted^  hy  the  Authority  rforefaid.  That  no  Sheriff  or    jurots  Privilege; 
other  Ofhcer  fhall  ferve  or  execute  any  Writ  or  other  Procefs  on  the  Body  of  any 

Juror  during  his  Attendance  on,  or  going  to,  and  returning  from  any  of  the  faid 
Courts ;    and  any  fuch  Service  fnall  be  void,  and  the  Defendant  may,  on  Motion, 


The-rAttendance 
infaictd. 


be  difcharged 


XXI.     AND  he  it  further  Enacted,    hy  the  Authority  aforefaid^  That  this  Aft    ^cnr„.u 
fliall  continue  and  be  in  Force  for  and  during  the  Space  of  Five  Years,  from  and    ^^'^  ^^ 
after  the  paffing  of  this  Aft,    and  from  thence  to  the  End  of  the  next  Seflion  of 
Affembly,  and  no  longer. 


Continuance     of 


CHAP.     IV. 

An  Aolfor  vefting  certain  Lots  in  the  Town  of  Newbern  in  his  Excellency  the  Governor^ 

and  his  Succefjors. 

I.  TTTHEREAS  by  an  Aft  paffcd  at  Neivhern  the  Firft  Day  of  Dcccmhcr,  in    i», 

VY  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty  Six,  in- 
tituled. An  A:l  for  ere^ing  a  convenient  Building  within  the  Town  ^/Newbern,  for  the 
Refilence  of  the  Governor  or  Cora. nander  in  Chief  for  the  Time  beings  his  Excellency 
VVilliam  Try  on,  Elq-,  then  and  now  Governor  and  Commander  in  Chief  of  this 
Province,  was  authorized  and  impowered  to  purchafe  any  Number  of  Lots  of  Lands, 
not  exceeding  Twelve,  lying  and  being  vv'ithin  the  Limits  and  Boundaries  of  the 
Town  of  Newbern,  in  any  Part  of  the  Town  he  fliall  think  moft  proper  and  conveni- 
ent; and  to  take  and  receve  one  or  more  Deed  or  Deeds,  fufncient  in  Law  for  the 
conveying  the  lame  to  himfelf,  and  his  Succeffors,  Governors  or  Commanders  in 
Chief  of  this  Province  •,  and  upon  fuch  Conveyance,  to  contraft  and  agree  with 

proper 


'.Me. 


392  LAWS      of     NoRTH-CAROLiWA. 


A.  D.  1768.  proper  Perfons  for  defigning,  ere£ting,  and  compleatly  finifhing,  a  convenient  Dwel- 
^-""^^r"'^  iing-Houle,  with  all  necellary  Offices,  for  the  Ule  of  hiiTilclf  and  hiS  SuccLlTors^ 
Governors  and  Commanders  in  Chief  of  this  Province:  And  whereas,  purfuant  to 
the  Power  and  Authority  of  the  faid  Ad:,  his  Excellency  has  thought  it  mod  proper 
and  convenient  that  a  Square  in  the  faid  Town,  containing  Twelve  Lots,  bounded 
by  Eden  $treet,  PoUock  Street,  Metcalf  Street,  and  Front  Street,  Vv'ith  ihc  Water 
Fronts  belonging  thereto,  fliould  be  purchafed  for  the  faid  intended  Building,  and 
hath  agreed  with  proper  Perfons  for  defigning,  erecting,  and  finifhing  the  faid  I  Joufe 
and  OlHces  •,  but  the  legal  Title  to  fome  ol  the  faid  Lots  being  vefttd  in  Perfons 
out  of  the  Province,  or  Infants  or  Truftees,  or  Perfons  at  prefent  unknown,  his 
Excellency  hath  not  yet  been  able  to  make  a  Purchafe,  or  obtain  proper  Convey- 
ances for  Ibme  of  the  laid  Lots :  For  effecting  therefore  a  full,  complete,  and  ab- 
folute  Title  to  the  Whole  of  the  faid  Lots  and  Water  Fronts,  and  veiling  the  fame 
according  to  the  Intention  of  the  faid  A6t  of  AlTembly  •, 

M-nncr  of  veft-  jj^  .  y[  ^ Y  It  plesfc  your  Excellency  that  it  may  be  Enabled,  And  le  it  EnaTed^ 
the  Goveinur.  "'  hy  the  Govemor,  Council,  and  /ijjhnbly,  and  by  the  Authority  cj  the  fa..'te.  That  it  fliail 
and  may  be  lawful  to  and  for  the  Inferior  Court  oi  Craven  County,  and  the  faid 
Court  is  hereby  impowered,  authorized,  and  required,  at  the  Firfl  Court  to  be  held 
for  the  faid  County  alter  the  Firfl  Day  of  March  next,  to  iffue  a  Warrant  or  War- 
rants, Precept  or  Precepts,  direded  to  the  Sheriff  ol  Craven  County  alorefaid,  who 
is  hereby  authorized,  direded,  and  required,  accordingly  to  fummon,  impanncl, 
and  return  to  the  faid  Court,  a  competent  Number  of  lubftantial  diiintereiled  Per- 
fons, qualified  to  ferve  on  Juries,  and  not  lefs  than  Twenty  Four  -,  and  out  of  fuch 
Perfons  lo  to  be  impannelled,  fummoned,  and  returned,  a  Jury  of  Twelve  Perfons 
fhall  be  drawn  by  lome  Perlon  by  the  faid  Inferior  Court  to  be  appointed,  in  fuch 
Manner  as  Juries  for  the  Trial  of  Caufes  in  the  Superior  Court,  by  the  A<51  of  Af- 
fembly  now  in  Force,  are  diredled  to  be  drawn  •,  which  Perfons  fo  to  be  impannel- 
ed,  fummoned,  and  returned  as  aforefaid,  are  hereby  required  to  come  and  appear* 
before  the  faid  Court,  at  fuch  Time  and  Place  as  in  fuch  Warrant  or  Warrant.', 
J'recept  or  Precepts,  fhall  be  directed  and  appointed  •,  and  to  attend  there,  from  Day 
to  Day,  until  difciiarged  by  the  faid  Court  -,  and  all  Perfons  concerned  fhall  have 
their  lawful  Challenges  (but  not  challenge  the  Array  of  the  Pannell)  againfl  any  of 
the  faid  Jurymen  when  they  come  to  be  Iworn  :  And  the  faid  Court  is  hereby  autho- 
rized and  impowered,  by  Precept  or  Order,  from  Time  to  Time,  to  require  the  At- 
tendance of  all  and  every  Perlon  or  Perfons  whatever  who  Oiall  be  thought  neceffaiy 
to  be  examined  as  Witneffes  before  them,  and  to  examine  them  on  their  Oath  or 
Oaths  touching  and  concerning  the  Premifes  :  And  the  faid  Court  may  likewife,  if 
the  Jullices  prefent  ihall  think  fit,  authorize  the  faid  Jury  to  view  the  fevcral  Lots 
contained  in  the  faid  Square  and  Water  Fronts,  in  fuch  Manner  as  they  fhall  dirtd  ; 
and  fuch  Jury,  Witnelfes,  and  Parties,  Ihall  attend  until  all  fuch  Matters  for  which 
they  were  fummoned  Ihall  be  concluded :  And  faid  Jury,  upon  their  Oaths,  fhall 
enquire  of  the  Value  of  fuch  Lots  of  Land,  with  the  Appurtenance  ,  which  is  here- 
tofore mentioned  as  necelfary  to  be  purchafed,  and  of  the  refpedlive  Ellate  and  In- 
tereft  of  every  Perfon  feized,  poffeffed  of,  or  interefled  therein,  or  in  any  Part 
thereof-,  and  fuch  Jury  fhall  affefs  the  Sum  or  Sums  to  be  paid  to  every  fuch  Perfon 
or  Perfons,  for  the  Purchafe  of  fuch  their  Ellate  and  Intereft  which  fliall  be  neceffary 
to  be  purchafed  :  And  the  faid  Court  fliall  record  the  Verdicl  of  tlse  Jury,  for  fuch 
Sum  or  Sums  of  Money  fo  to  be  afft-ffed ;  which  faid  Verdidl  or  Verdifts,  and  the 
Judgment,  Decree,  and  Determination  thereon,  lliall  be  binding  and  conclufive,  to 
all  Intents  and  Purpofes  whatfoever,  as  well  againfl  the  King's  Majelly,  his  Htiis 
and  Succeffors,  and  all  and  every  other  Perfon  and  Perfons,  Bodies  politick  and 
corporate,  claiming  any  Ellate,  Right,  Title,  Trull,  Ufe,  or  Intereft,  in,  to,  or 
out  of  the  faid  Lots  of  Land,  either  in  Polfcffion,  Reverfion,  Remainder,  or  Ex- 
peftancy,  as  well  Infants  as  Iffue  unborn,  Lunatick,  Idiot,  and  FemeCovtrt,  and 
Perfons  under  any  other  legal  Incapacity  or  Difability ;  and  all  other  Cejim  qu^ 
Trulls,  his,  her,  and  their  Heirs,  Succeffors,  Executors,  and  Adminillrators,  as 
againfl  all  other  Perfons  whomfoever ;  and  the  faid  Verdid,  Judgment,  and  Decree, 

and 


L    A   IV  8      of     N  OK  T  H -C  A  RO  L  J  N  A.  393. 

and  all  other  Proceedings  of  the  iaid  Court  and  Jury  fo  to  be  made,  given,  and   ^.  D.   176J. 

pronounced  as  atorefaid,  ihall  be  fairly  written  on  i-'apcr,  and  fignea  and  leaied  by     w--v*— ^ 

the  Cleric  ot   the  Court  for  the  Time  being:    And  luch  Judgment,    Verdict,    and 

Decree,  and  other  Proceedings  as  relate  to  the  faid  Lots  of  Land,  or  the  Value  of 

them,  as  apprailed,  fliall  be  entered,  hied,  and  kept  amongll  the  Records  of  the 

faid  Inferior  Court,  and  ihall  be  deemed  and  taken  to  be  Records,  to  all  Intents  and 

Purpjics  whatfocver-,    and  the  fame,    or  tome  Copy  thereof,    Ihall   be  deemed  and 

taken  to  be  good  and  effeitual  Eviacnce  and  Prool,  in  any  Court  of  Law  or  Equity 

whatiocver  v  and  all  Pcrfons  may  have  Rccouric  to  the  idint  gratis,  and  take  Copies 

thereof,    paying  for  every  Copy,  as  in  Calc  ol  Copies  ot  any  uther  Record  ot  the 

laid  Court. 

III.     A  N  D  be  it  further  Enatted,  by  the  Authority  aforefaid^   Thai  fuch  Sum  cr   Vaiu?  of  L^t?  to 
Sums  of  iMonc-y  lo  to  be  aifcilcd  and  decreed  as  aiorclaid,  ihall   be  paid  into  the    v>'i'f\\'r''u}'„ 
Hands  of  Samuel  Cornell,  Eiq;  who  is  hereby  authorized  and  impowcrcd  to  receive    m^n". 
the  fame,  and  to  give  a  Receipt  or  Receipts,  mentioning  and  Ipccifying  for  what 
Premifes,  and  for  what  Ulc  the  laid  Money  is  received  ;  which  Receipt  ur  Receipcs 
fliall  be  entered  on  Record,  and  regiftcred  in  the  Oliice  of  the  Clerk  of  the  faid  in- 
ferior Court  of  the  County  of  Craven,  with  the  Verdict,  Judgment,  and  Proceed- 
ificrs  to  be  had  as  atorelaid  ;    which  laid  Sum  and  Sums  oi   iMuney  Ihall   be  to  the 
Ule  and  Benefit  ot  fuch  Perlbn  or  Perfons  as  may  appear  by  luch  Vcrdift  to  have 
anv  Right,  Title,  Interelt,  or  Claim,  in,  to,  or  upon  the  laid  Lots  of  Land,  or  • 

any  Part  tnercof,  according  to  their  refpective  Eftates  and  Interelt  therein  ;  and  Ihall 
by  the  faid  Samuel  Cornell,    Elq-,    be  paid  to  fuch  I'crlon  or  Pcrlons  mentioned  in 
fuch  Verdift  :  But  if  the  faid  Jury  fnall  return  a  Verdict,  tiiat  any  Part  of  the  faid 
Lots  or  Water  Fronts  belong  to  Perfons  unknown,  or  that  the  '1  itie  is  in  Uilpute, 
then,  and  in  luch  Cafe,  the  laid  Sum  or  Sums  of  JVIoney  affclTed  as   the  Value  of 
fUch  Lands,  whereof  the  Owner  is  unknown,  or  the  Titie  in  Difpute,  Ihall,  at  any 
Time,    by  Order  of  the  faid  Inferior  Court  of  Craven,    be  paid  to  luch  Perlbn  or 
Pcrlons  as  fhall  appear  to  the  faid  Court  to  be  intitled  thereto,  according  to  their 
reipedtive  Claims  and  Interelt  in  the  laid  Premifes :    And  the  laid  Inferior  Court  of      D:fputM     of 
Craven  is  hereDy  authorized  and  impowered,  by  Petition,  in  a  iuvnmary  Way,  to    he'!"?  ^n^"  Lou 
hear  and  determine  all  Difputes  and  Claims  ot  any  Perions  interclled  in  any  Part  of   vj 'edintheCo. 
fuch  Money  ;  and  immediately  after  luch  Receipt  and  Regiitry  as  aforefaid,  and  the   "''"""* 
whole  abk)lute  Fee-Simple  Inheritance  and  Poifcllion  of  fuch  Lots  of  Land,    and 
Water  Fronts,  fo  to  be  valued  as  atorelaid,  fhall,  and  is  hereby  declared  to  vcit  in 
his  laid  Excellency  the  Governor,  and  his  Succelfors,  to  the  Lie  of  himfelf  and  his 
SucceflTors,  Governors  or  Commanders  in  Chief  of  this  Province,  for  the  Purpofes 
mentioned  in  the  faid  recited  Aft,  as  fully  and  effeftually,  to  all  Intents  and  Pur- 
pofes, as  if  every  Perlbn,  having  any  Eftate  in  the  Premilts,  had  adualiy  conveyed 
the  fame  by  Leafc  and  Releafe,  Bargain  and  Sale,  inrolled  Feoffments,  with  Livery 
and  Seifin,  Fine  and  Recovery,  or  any  other  legal  Conveyance  whatibever  :    And 
fuch  Valuation,  Proceedings,  and  Payment  as  aforefaid,  Ihall  not  only  bar  all  Right, 
Title,  Claim,  or  Demand,  of   the  Perlbn  or  Perfons  having  any  Eltate  in  the  Pre- 
mifes, but  fliall  allb  extend  to,  and  be  deemed  and  conftrucd  to  bar  the  Dower  of 
the  Wi'e  or  Wives  of  fuch  Perfons  -,  and  all  Eltates  Tail,  or  Reverfions  or  Remain- 
ders, as  effrftually  as  a  Fine  or  Recovery  would  do,  or  would  have  done,  if  levied 
or  fuflered  by  the  proper  Parties  according  to  Law. 

rV.  A  N  D  be  it  further  Enacled,  by  the  Authority  aforefaid.  That  it  fhall  and  may  Vn  on  offirfrs 
be  lawful  for  the  Inferior  Court  of  Craven  Couniy,  from  Time  to  I'imc,  to  impole  ^^^^^  ^l\^\  "^ 
any  reaionable  Fine,  not  exceeding  Three  Pounds,  Proclamation  Money,  on  the 
Sheriff,  or  his  Deputy  or  Deputies,  who  fnall  make  Default  in  the  Premifes,  and 
on  any  Perfon,  who,  on  being  fummoned  and  returned  on  any  fuch  Jury  as  afore- 
fud,  ihall  fail  to  appear  •,  and  alfo  on  any  Witnefs  or  Witnefies  who  fliall  not  attend, 
or  who  fhould  refufe  to  be  fworn,  or  being  fworn,  fliall  refufe  to  give  his^r  their 
Verdi<ft,  cr  in  any  other  Manner  willfully  negled  his  or  their  Duty,  contrary  to  the 

D  d  d  true 


394  L  A  JV  S    of    North-Carolina. 


A.  D.   1768.    true  Intent  and  Meaning  of  this  Ad ;  and  from  Time  to  Time,  to  levy  fuch  Fines 
^"■""^^  — '     as  other  Fines  are  by  Law  direded  to  be  levied  in  the  laid  Court. 

Fronts  vefted  in  V.  AND  whercas  according  to  the  Plan  of  the  faid  Town  of  Newbern^  the 
Water  Fronts  of  the  Lots  herein  before  mentioned  are  divided  from  the  faid  Lois 
by  a  Street  called  Front  Street ;  which,  if  it  continues  a  Pubhc  Street,  would  be 
inconvenient  to  the  Improvements  intended  on  tlie  laid  Lots,  for  the  Accommoda- 
tion and  Refidence  of  the  Governor  and  Commander  in  Chief:  And  whercas  for  the 
Advantage,  Profpedt,  and  Situation,  the  Foundation  of  the  laid  Edifice  is  laid  fo 
near  to  Eden  Street,  that  it  will  be  neceffary  to  extend  the  Line  of  the  faid  Lots,  fo 
as  to  include  Part  of  the  faid  Strtet  -,  Be  it  therefore  Enacted^  by  the  Authority  ofcre- 
faid.  That  all  that  Part  of  Front  Street,  lying  between  the  Lots  herein  before  men- 
tioned, and  the  Water  Fronts,  extending  along  the  faid  Street,  as  far  as  the  Lots 
and  Fronts  aforefaid  run  ;  and  all  that  Part  of  Eden  Street,  beginning  at  the  back 
Corner  of  the  faid  Square,  in  the  Angle  oi  Eden  Street  and  Pollock  Street,  running 
acrofs  Eden  Street  Thirty  Feet,  and  from  thence  down  the  Middle  of  the  faid  Street 
to  the  River,  including  the  Intcrfeftion  of  Front  Street,  Ihall  be,  and  are  hereby 
vefted  in  his  Excellency  IVilliam  fryon^  Efq-,  Governor  and  Commander  in  Chief 
of  tliis  Province,  and  his  Succefibrs,  for  the  Ufe  of  himfelf  and  his  Succefibrs,  Go- 
vernors or  Commanders  in  Chief  of  this  Province,  as  fully  and  amply,  to  all  In- 
tents and  Purpofes,  as  any  of  the  above-mentioned  Lots  of  Land  are  by  the  faid 
•  Ad  direded  and  intended  to  be  veiled,    purchafcd,  or  fettled,  for  the  Purpofes 

therein  mentioned ;  and  from  henceforth  all  thofe  Parts  of  the  faid  Streets,  within 
the  Limits  above-mentioned,  fhall  ceafe  to  be  public  Streets,  and  may  be  inclofed, 
built  upon,  improved,  or  made  Ufe  of,  as  if  the  fame  had  originally  been  Part  of 
any  of  tiie  faid  Lots;   any  Ad  heretofore  made  to  the  contrary  notwithftanding. 

Purchafe  of  L  ts  VI.  AND  be  it  further  Endcted^  by  the  Authority  aforefaid^  That  the  Purchafe 
co>fu^  T"""°'  of  the  Lots  herein  before  mentioned  to  have  been  made  by  his  faid  Excellency,  as 
Part  of  the  Twelve  Lots  mentioned  in  the  faid  Ad,  is  hereby  ratified  and  confirmed  -, 
and  the  Poffeffion,  and  abfolute  Fee-Simple  and  Inheritance  of  and  in  the  faid 
Twelve  Lots,  Streets,  and  Water  Fronts,  are  hereby  declared  to  be  fully  vefted  in 
his  Excellency  IVilliam  Tryon,  Efq;  and  his  SuccefTors,  for  the  Purpofes  and  Ufes 
in  the  faid  Ad  mentioned,  againli:  the  Claim  of  all  Perfons  whatioever. 

CHAP.     V. 

^"  ^ch  '^ "'  "^'^  additional  A£l  to  an  Aof^  for  ereSling  a  convenient  Building  within  the  Town  of 
Newbern,  for  the  Refidence  of  the  Governor^  or  Commander  in  Chief  for  the  Time 
being. 

Preamble.  j_  "¥  T  7  H  E  R  E  A  S  the  Provifion  made  in  the  faid  Ad  hath  been  found  to  be 

Y  Y  infulRcient  for  compleating  and  finifhing  the  faid  Building  and  OfRces -, 
and  whereas  the  Fund  out  of  which  the  Money  granted  for  building  the  fame  hath 
proved  infufficient : 

in""tL"Gove.I  II-  -S-S  ^'^  therefore  Enacted,  by  the  Governor^  Council,  and  Affcmbly,  and  hy  the 
s  H^ufd  and  Authority  of  the  fayne.  That  the  further  Sum  of  Ten  Thoufand  Pounds,  Proclama- 
tion Money,  fhall,  and  is  hereby  granted  to  his  Excellency  the  Governor,  for  and 
towards  finifhing  the  faid  Edifice  and  Offices;  for  raifing  and  levying  whereof,  an 
annual  Poll-Tax  of  Two  Shillings  and  Six  Pence,  Proclamation  Money,  fhall  he 
levied  on  each  taxable  Perfon  in  this  Province,  for  and  during  the  Term  of  Three 
Years,  to  be  colleded  by  the  Sheriff  of  each  refpedive  County,  on  or  before  the 
Firft  Day  of  March  in  each  Year ;  the  firft  Colledion  thereof  to  be  made  in  the 
Year  One  Thoufand  Seven  Hundred  and  Sixty  Nine  ;  and  that  all  and  every  Perfon 
neglediflg  to  pay  the  faid  Tax,  on  or  before  faid  Firft  Day  of  March,  fhall  be  liable 
to  fuch  Diitrcfs  as  for  non-Payment  of  other  Taxes  ;  and  the  Sheriff  of  each  ref- 
pedive County  fl:iall,    on  or  before  the  Tenth  Day  of  June  yearly,    pay  into  the 

Hands 


Offices. 


L  A  IV  S    of    North-Carolina. 


?95 


Hands  of  the  Public  Treafurer  of  the  Diftrifl,  all  Aich  Sums  of  Money  as  each  and 
every  of  them  Ihall  receive  in  Virtue  of  this  Aft,  under  the  fame  Rfgulations  and 
Directions,  and  like  Fines  and  Forfeitures,  as  are  direded  and  inflidted  by  other 
Acbs  lor  the  coHeding  of  Public  Taxes. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  a-;  foon  as  the 
faid  Tax  fhall  be  collected,  or  any  Part  thereof,  the  Treafurers,  or  either  of  them, 
fliuU  pay  to  his  Excellency  the  Governor,  for  the  Purpofes  aforefaid,  the  faid  Sum 
of  Ten  Thoufand  Pounds,  Proclamatioit  Money  j  and  in  Cafe  of  any  Surplulage, 
the  fame  Ihall  be  applied  for  and  towards  defraying  the  contingent  Charges  oi  Go- 
vernment. 


/f.  D.   J  768. 


To  be  paid  to  r\\e. 
SurpSuli'gc  ap[ili^ 


IV.  AND  whereas  there  may  be  Occafion  for  Money  for  carrying  on  and  com- 
pleating  the  faid  Edifice  before  the  faid  Tax  can  be  colletted.  Be  it  further  Enailed, 
by  the  Authority  aforefaid^  That  in  fuch  Cafe,  it  fliall  and  may  be  lawful  for  his  Ex- 
cellency the  Governor,  and  he  is  hereby  requefted,  to  borrow  as  much  Money  as  he 
IhdU  think  neceffary  (not  exceeding  the  faid  Sum  of  Ten  Thoufand  Pounds,  Pro- 
clamation Money)  and  to  give  one  or  more  Receipt  or  Receipts  under  his  Hand, 
in  Sterling  Mjney  for  the  fame,  fpecifying  the  Ufe  for  which  fuch  Monty  fliall  be 
received  ;  which  Jaid  Receipts  (hail  bear  Intereft,  at  the  Rate  of  Eight  /e?  Cent,  per 
Annum,  and  Ihall  be  paid  by  the  Public  Treafurers,  or  either  of  them,  in  Sterling 
Money,  or  in  Proclamarion  Money  at  the  current  Exchange,  as  foon  as  luHicient  of 
the  faid  Tax  Ihall  be  received  lor  that  Puipofe. 

V.  PROVIDED  always.  That  no  Perfons  poflefled  of  fuch  Receipts  Ihall 
receive  Intereil  thereon  for  more  than  Three  Y<ars  from  the  Date  hereof,  unlels  it 
(hall  appear  that  fuch  Perfon  or  Perfons  applied  to  the  Public  Treafurers  lor  his 
principal  Money,  and  Intereft,  at  the  Expiration  of  the  faid  Three  Years,  and  that 
the  Treafurers  neglected  or  relufed  to  pay  the  fame  ;  in  which  Cafe,  Intereft  ^.\c.\\  be 
paid  on  the  faid  Receipts,  till  they  are  luUy  difcharged. 

VI.  AND  whereas  the  Public  Treafurers  of  this  Province  were  by  the  afore- 
mentioned A6t  direded  to  pay,  out  of  the  Fund  appropriated  for  eredting  Public 
Schools  and  purchafing  Glebes,  to  his  Excellency  the  Governor,  the  Sum  of  Five 
Thoufand  Pounds,  Proclamation  Money,  for  the  Purpofes  in  that  Aft  mentioned  ; 
and  whereas  the  Money  U  longing  to  faid  Fund,  in  the  Hands  of  the  Public  Trea- 
furers, has  been  found  to  fall  Plfteen  Hundred  Pounds  fhort  of  the  aforelaid  Sum 
of  Five  Thoufand  ;  Be  it  therefore  further  Enaiied,  by  the  /iuthority  aforefaid.  That 
his  Excellency  the  Governor  may,  and  is  hereby  authorized,  to  ilTue  his  Warrant 
to  one  or  both  of  the  Public  Treafurers  of  this  Province,  requiring  each  or  either 
of  them  to  pay  the  faid  Deficiency  of  Fifteen  Hundred  Pounds,  out  of  the  Money 
arifing  from  the  Tax  and  Duties  laid  by  the  aforefaid  Aft,  for  replacing  the  laid 
Sum  of  Five  Thoufand  Pounds  in  the  Public  Treafury  :  And  in  Cafe  the  faid 
Treafurers,  or  either  of  them,  fhould  not  have  to  the  Amount  of  the  faid  Sum  of 
Fifteen  Hundred  Pounds  in  his  or  their  Hands,  arifing  from  the  Tax  and  Duty 
aforefaid,  for  replacing  in  the  Treafury  the  faid  Five  Thoufand  Pounds  at  the  Time 
the  fame  may  be  drawn  for  ;  that  then,  and  in  fuch  Cafe,  it  fhall  and  may  be  lawful 
for  the  faid  Treafurers,  or  either  of  them,  to  borrow  the  faid  Sum  of  Fifteen  Flun- 
dred  Pounds,  and  atiow  for  the  fame  Intereft,  at  the  Rate  of  Eight  per  Cent,  -per 
Annum,  till  fuch  Time  as  the  Treafurers  fhall  be  enabled,  from  the  Money  arifing 
from  the  Duty  and  Tax  impo*r  J  by  the  aforelaid  Aft,  to  difcharge  the  Sum  by  him 
fo  borrowed. 


Gr'vfrnoT        im- 
fOwereH   to    bi.r- 


No  Intereft  al- 
I'  wrd  f  1  r  more 
lhan  3  Yean, 


Deficiency  of 
Sch  ol  Fundmade 
up,  and  In  he 
f  a  d  to  the  Ca- 
^ernor. 


D   d  d   2 


CHAP. 


396 


LAWS    of    North -Carolina. 


A.  D.    1768. 


Prtarcble.- 


Mar)f>?T    of  3p  • 
puintirighhcTitti. 


No  Sheriff,  to 
ferve  more  than 
two  Years,  un» 
lefs  heaccounts. 
Pen.  on  Juftices 
for  reccimmend- 
iog  any  luch' 


Sheriff  not  com- 
pelled to  f.rve 
more  than  OiiS 
Ywr. 


C  H  A  F.     VI. 

An  Act  for  appciniing  Sberijs,  and  directing  their  Duty  in  Office,  (a) 

I.  TT7HEREAS  the  Laws  now  in  Force  for  appointing  Sheriffs,  and  dircdt- 
VV  '^g  ^^^^^  Duty  in  Office,  have  been  found  greatly  deiedive ;  and  there 
is  at  prefent  no  Law  whereby  thofe  who  have  been  invefted  with  the  Power  of  ap- 
plying Public  Money,  or  Colkdors  of  the  fame,  can  be  compelled  to  a  fpeedy  Exe- 
cution of  the  faid  Trufts  j  by  Occafion  whereof  the  Public  hath  been  greatly  de- 
frauded, and  the  Faith  thereof  much  depreciated  :  For  Remedy  whereof, 

II.  B  E  it  Enacted,  hy  the  Governor,  Council,  and  AffiemUy,  and  by  the  Authority 
of  the  far." e.  That  every  Liferior  Court  of  this  Government  fh'all,  annually,  between 
the  Firft  Day  of  March  and  the  Firft  Day  of  June,  recommend  to  the  Governor,  or 
Commander  in  Chief  of  tiiis  l:rovince.  Three  iuch  Perlons  as  they  fiiall  think  nxift 
fit,  being  Freeholders  ot  lufficicnt  Circumilances,  to  execute  the  Office  of  Sheiifi~; 
one  of  which  Perfons  lb  recommended,  Ihall  thereupon  be  commifTioned  by  the 
Governor,  or  Commander  in  Chief,  to  execute  the  Office  of  Sheriff  for  that  County, 
for  the  then  next  cnfuing  Year  :  But  if  at  any  Time  any  Inferior  Court  ffiall  neglfd 
or  rcfule  to  make  fuch  Kecommendation,  or  if  the  Perfons  fo  recommended  fhall 
refufe  or  negleft  to  produce  a  Certificate  thereof  to  the  Governor,  and  apply  for  a 
Commiffion  thereon,  within  Six  Weeks  after  fuch  Recommendation  Ihall  be  made, 
or  cannot  find  fufficient  Security,  in  either  of  thofe  Cafes,  it  fhall  and  may  be  law- 
ful for  the  Governor,  or  Commancier  in  Chief,  and  he  is  hereby  authorized  and 
required  to  appoint,  and  by  his  Commiffion  conltitute  any  Freeholder  of  fuch 
County,  having  Circumftanccs  of  Ability  as  aforcfaid,  to  be  Sheriff' thereof  •,  or  if 
no  Perfon  of  fufficient  Abilities  within  the  faid  County  ffsall  apply  for  fuch  Com- 
miffion before  the  next  iucceeding  Inlerior  Court  after  that  in  which  fuch  Recom- 
mendation ffiall  be  made  as  aforelaid,  that  then  it  ffiall  and  may  be  lawful  for  the 
Governor,  or  Commander  in  Chief,  and  he  is  hereby  authorized  and  impowered, 
to  conftitute  and  appoint  any  Perion,  of  fufficient  Abilities  and  Circumilances,  to 
be  Sheriff  of  fuch  County,  although  fuch  Perion  may  not  be  a  Kefidcnt  therein: 
And  if  any  Sheriff  appointed,  upon  Recommendation  as  aforefaid,  fnall  happen  to 
die  in  the  Time  of  his  Sheriffalty,  the  Governor  or  Commander  in  Chief  may,  and 
is  hereby  impowered,  to  appoint  one  of  the  Survivors,  recommended  with  the  Perfon 
decealed,  to  be  Sheriff  in  his  Room;  and  when  any  Shif.ff  appointed,  upon  Neg- 
left  of  Recommendation,  happens  to  die  in  Office,  any  Freeholder,  of  fufficient 
Circumflances,  may,  and  ffiall  be  commiffioned  in  his  Stead. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  from  and 
after  the  paffing  of  this  Ad,  no  Inferior  Court  ffiall  recommend  to  the  Governor, 
any  Perfon  for  his  Appointment  to  the  Office  of  Sheriff,  who  ffiall  have  ferved  Two 
Years  fucceffively  in  the  faid  Office,  unlels  fuch  Perfon  ffiall  produce  a  Certificate, 
from  the  Treafurer  of  the  Diftridt,  of  his  having  fully  accounted  for,  and  paid  all 
the  Public  Taxes  which  he  hath,  or  ought  to  have  received  by  Virtue  of  his  faid 
Office :  And  if  any  Inferior  Court  ffiall  recommend  any  fuch  Perfon  contrary  to  the 
true  Intent  and  Meaning  of  this  A6f,  each  and  every  Judge  or  Juftice  thereof,  who 
ffiall  join  in  fuch  Recommendation,  ffiall  forfeit  and  pay  Fifty  Pounds,  Proclama- 
tion Money,  to  any  Perfon  who  ffiall  fue  for  the  fame  \  to  be  recovered  by  Adion 
of  Debt,  in  any  Court  having  Jurifdiftion  thereof. 

IV.  jNDbe  it  further  Enacted,  hy  the  Authority  aforefaid.  That  no  Perfon 
ffiall  be  compellable  to  ferve  as  Sheriff  longer  than  One  Year,  and  until  the  next 
fucceeding  Court  after  Expiration  thereof,  and  no  longer :  And  every  Perfon  accept- 
ing a  Sheriff's  Commiffion  ffiall,  before  his  entering  into,  or  executing  his  Office, 
publicly,    before  his  County  Court,    take  the  Oaths  appointed,  or  which  ffiall  be 

appointed 


(a)  See  Adls  Nov,  1768,  Chap.  7,  Dec.  1770,  Chap.  6,  for  amending  this  A61. 


L  A  IV  S    cf    North-Carolina.  397 

appointed  by  A(5t  of  Parliament,   for  the  Qualification  of  Public  Officers,   repeat    ^'  D.   1768. 
and  fubfcribe  the  Teft ;  and  alio  take  the  following  Oath,  to  wir,  *— —v-— i* 

IA.'  B.  S  folemnly  /wear,  'That  I  "jjHI  truly  and  faithfully  execute  the  Office  of  Sheriff   His  Oath. 
of  the  County  of  to  the  hefi  of  my  Knoivledge  and  Ability^  agreeable  to  Lazv ; 

a/id  that  I  will  not  take,  accept,  or  receive,  directly  cr  indirectly,  any  Bribe,  Gift,  Fee, 
or  Reward,  whatfoever,  for  returning  any  Man  to  Jerve  as  a  Juror  on  any  Jury,  or  for 
making  any  falfe  Return  of  Procefs  to  me  diretied,  during  my  Continuance  in  my  faid 
Office:  SO  HELP  ME  GOD. 

And  alfo  fhall  enter  into  one  Bond,  before  the  Juftices  of  his  Inferior  Court,  with    To  gWeSond. 
Two  or  more  good  and  fufficient  Securities,  in  the  Penalty  of  One  Thoufand  Pounds 
Sterling ;  with  Condition  in  Form  following,  to  wit, 

THE  Condition  of  the  above  Obligation  is  fuch,  That  whereas  the  above  Tie  Condition. 
named  A,  B.  is  confticuted  and  appointed  Shcr-itf  of  ihc  County  of 
during  Pieallire,  by  a  Commiflion  from  the  Governor,  under  the  Seal  of  this  Pro- 
vince, dated  the  Day  of  lail  paft  :  If  therefore  the  faid  A.  B.  fhall  well 
and  truly  exrcute,  and  dufe  Return  make,  of  all,  Procels  and  Precepts  to  him  dire(^ 
ed ;  and  pay  and  fatisfy  all  Fees  and  Sums  of  Money  by  him  rec.ived,  or  levied  by 
Virtue  ot  any  fuch  Procels,  into  the  proper  Office  by  which  the  fame,  by  the  Tenor 
thereof,  ought  to  be  paid,  or  to  the  Perlbn  or  Perfons  to  whom  the  fame  are  due, 
his  or  their  Executors,  Adminillrarors,  Attornies,  or  Agents  ;  and  in  all  other 
Things  well,  truly,  and  faith: uliy  execute  the  faid  Office  of  Sheriff,  during  his 
Continuance  therein  ;  then  the  abjve  Obligation  to  be  void,  otherwile  to  remain  ia 
full  Force  and  Virtue. 


And  alfo  fhall  enter  into  one  other  Bond  before  fuch  Court,  and  with  the  like  Secu-    Aifo      ar.oths 
rity,  in  the  Sum  o 
ing  Form,  to  wit. 


rity,  in  the  Sum  of  One  Thoufand  Pounds  Sierling  ;  with  a  Condition  in  the  loliow-     "^  '    i 


THE  Condition  of  the  above  Obligation  is  fuch.  That  whereas  the  above  bound    The  condition, 
A.  B.  is  conftituted  and  appomted  Sheriff  of  the  County  of    •  by 

Commiffion  from  the  Governoj,  under  the  Seal  of  the  Province,  dated  the 
Day  of  laft  paft  :    It  therefore  the  faid  A.  B.  ffiall  well  and  truly  collect 

and  receive  all  fuch  Public  Taxes  and  Dues  as  are,  or  which  lliali  be  appointed  l^ 
Adt  of  Affembly,  to  be  paid  by  the  taxable  Perfons  within  his  Bailiwick,  during 
his  continuing  Sheriff  thereof  •,  and  duly  account  for  and  pay  the  fame  to  fuch  Per- 
fon  or  Perlons,  and  at  fuch  Times,  as  by  Law  are  or  Ihall  be  limited  and  diredled ; 
then  the  above  Obligation  to  be  void  and  of  no  Effefl,  othervvife  to  remain  in  full 
Force  and  Virtue. 

Which  faid  Bonds  and  Securities  every  Inferior  Court  refpei^lively  is  hereby  impow-    Ccurttot.kethe 
ered  and  required  to  demand  and  take,  and  caufe  to  be  acknowledged  berore  them    Br'Uh*cf'\hc 

in  open  Court,  and  recorded  ;  the  firft  of  which  faid  Bonds  fhall  be  made  payable    '■• ''''on.  «"■*» 

to  his  Majefty,  his  Heirs  and  Succeffors,  and  that  in  the  Name  of  his  Majefty  and 
his  Succeffirs,  any  Pcrfon  or  Perfons  injured  may  and  fhall,  at  his,  her,  or  their 
proper  Cofts  and  Charges,  commence  and  profecute  a  Suit  or  Suits  on  the  faid  firft 
mentioned  Bond,  againlt  the  Parties  therein  bound,  their  Executors  or  Adminiffra- 
tors,  and  ffiall  and  may  recover  all  Damages  which  he,  ffie,  or  they,  may  have  fuf- 
tained,  by  Reafon  of  the  Breach  of  the  Condition  of  fuch  Bond  :  And  the  faid  lalt 
mentioned  Bond  ffiall  be  made  payable  to  the  Governor,  or  Commander  in  Chief 
for  the  Time  beina,  and  his  Succeffors  -,  and  that  in  the  Name  of  the  Governor,  cr 
Cominander  in  Chief,  and  his  Succeffors,  the  Treafurer  of  the  Diilrid  may  and 
ffiall  commence  and  profecute  a  Suit  on  fuch  lafl  mentioned  Bond,  againfl  ti.e  Par- 
tits  therein  bound,  their  Executors  or  Adminiftrators,  and  ffiall  and  may  recover, 
for  the  Ufe  of  the  Public,  luch  Damages  as  the  Public  ffiall  or  may  have  fultained 
by  Meana  of  a  Breach  ot  t::e  Condition  of  fuch  Bond.     And  fuch  Bonds  Ihall  not 

become 


398 


LAWS    of    North-Carolina. 


^.  D.  1768.  become  void  upon  the  firft  Recovery,  or  if  Judgment  fhall  be  given  againft  the 
Plaintiff  or  Planitiffs  who  fhall  I'ue  on  fuch  Bonds  relptdtively,  but  may  be  put  in 
Suit,  and  prolecuted  from  Time  to  Time,  for  the  Bentfir  ot  tlie  PubUc  in  the  one 
Cale,  and  for  the  Benefit,  and  at  the  proper  Cofts  and  Charges,  of  any  Party  in- 
jured in  the  other,  until  the  whole  Penalty  of  the  B  jnd  lued  fhall  be  recovered. 


Verdift  for  the 
ShsrifF,  Plaintiff 
to  pay  Cofti, 


Sheriff  in  Office 
on  the  Firll  of 
March,  to  give 
Bond. 


Pen  nn  Perfons 
appninted  Sheriff, 
lefufing  to  a£l. 


And  «n  t^  fe  in 
Offir--  r.luting  to 
give  Bond. 


V.  Provided  always.  That  if  any  Verdid  or  Judgment  Ihall  pafs  for 
fuch  Sheriff,  or  his  Securities,  the  Perfon  at  whofe  Inflance  fuch  Suit  fhall  be  com- 
menced, fhall  pay  fuch  Sheriff,  or  his  Securities,  their  Cofls  ;  and  the  Court  before 
which  fuch  Suit  ihall  be  brought,  fhall  and  may  award  Execution  for  the  fame. 

VI.  JND  he  it  further  EnaSled,  That  every  Sheriff  who  fhall  be  in  Office  on 
the  Firft  Day  of  March  next  after  the  paffing  of  this  Aft,  fhall  at  the  Firft  Court 
to  be  held  for  his  County  thereafter,  enter  into  fuch  Bonds,  with  Securkies,  as  by 
this  Aft  is  direfted  to  be  given  by  a  Perfon  accepting  the  Office  of  Sheriff,  upon 
Recommendation  of  the  County  Court,  or  otherwife;  and  if  any  Perion  who  fliall 
hereafter  be  appointed  Sheriff  purfuant  to  this  Aft,  fhall  refufe  to  accept  and  execute 
fuch  Commillion  to  him  direfted,  he  fhall  forfeit  and  pay  the  Sum  ot  Ten  Pounds, 
Proclamation  Money,  to  the  Ufe  of  the  Public  ;  to  be  recovered  in  the  Name  of  the 
Governor  or  Commander  in  Chief,  with  Cofts,  by  the  Treafurer  of  the  Diftrift 
wherein  the  Perfon  fo  refufing  fhall  refide,  by  Aftion  of  Debt,  Bill,  Plaint,  or  In- 
formation i  and  every  Sheriff  who  fhall  be  in  Office  on  the  alorelaid  Firft  Day  of 
March,  that  ftiall  negleft  or  retul'e  to  give  Bond,  with  Security,  as  herein  before 
direfted,  fliall  incur  the  like  Penalty,  to  be  recovered  in  the  fame  Manner,  and  to 
the  fame  Ufe  as  aforefaid. 


Provifo,  where 
they,  cannot  gi.t 
Security. 


A!fi  for  thofe  in 
Office. 


VII.  PROVIDED  neverthelefs.  That  if  any  Perfon  hereafter  appointed  to 
execute  the  Office  of  Sheriff  of  any  County  in  this  Province,  fhall  be  wiUing  to  ex- 
ecute the  fame,  but  cannot  give  fufficient  Security  as  by  this  Aft  is  required,  and 
fhall  make  Oath  in'  the  Court  of  the  County  for  which  he  fhall  be  appointed  Sheriff, 
that  he  hath  ufed  his  beft  Endeavours,  without  Fraud  or  Collufion,  to  get  fuch  Se- 
curity, that  then  fuch  Perfon  fliall  not  incur  the  Penalty  aforefaid  ;  any  1  hing  herein 
contained  to  the  contrary  notwithftanding. 

VIII.  PROVIDED  alfo.  That  any  Sheriff  who  fliall  be  in  Office  on  the  afore- 
faid Firft  Day  of  March,  and  fhall  be  willing  to  give  fuch  Security  as  aforefaid,  and 
cannot  procure  the  fame,  and  fhall  make  Oath  thereof  in  Manner  herein  before  men- 
tioned, that  then  fuch  Sheriff  fhall  not  be  fubjeft  to  the  faid  Penalty ;  any  Thing 
herein  contained  to  the  contrary  notwithftanding. 


Memb.  cf  Coun- 
cil exempt  from 
fcrvingas  Sheriff, 


Method  of  Reeo- 
■"try  of  Public 
Taxes  agiioft 
Sheiiffs, 


IX.  PROVIDED  likewife.  That  no  Member  of  his  Majefty's  Council  fhall 
be  obliged  to  execute  the  Office  of  Sheriff  j  any  Thing  in  this  Aft  contained  to  the 
contrary  notwithftanding. 

X.  AND  he  it  further  Enabled,  That  if  any  Sheriff  hath  neglefted  or  refufed, 
or  fhall  hereafter  negleft  or  refufe,  to  account  for  and  pay  the  feveral  Public  Taxes 
that  have  been,  or  hereafter  fhall  be  impofed  on  the  taxable  Perfons  of  the  County  of 
fuch  Sheriff,  and  wherewith  he  fhall  be  chargeable  according  to  the  Direftions  of  the 
Act  of  Affembly  impofing  the  fame,  after  deducting  the  Commiffions  allowed  him 
by  Law,  and  the  feveral  Sums  chargeable  to  Perfons  who  have  no  vifible  Eftate  in 
his  County,  it  fhall  and  may  be  lawful  for  the  Superior  Court  of  the  Diftrict  wherein 
fuch  Sherifl  fhall  live,  upon  Motion  of  the  Treafurer  of  the  Diftrict,  to  give  judg- 
ment againll  fuch  Sheriff  for  all  the  Money  whereof  he  is  or  fhall  be  chargeable,  by 
Virtue  of  any  Act  or  Acts  of  Affembly  as  aforefaid,  with  Cofts ;  and  thereupon  to 
award  Execution  againft  the  Goods  and  Chattels,  Lands  and  Tenements,  of  fuch 
Sheriff.  Provided,  That  fuch  Sheriff  have  Ten  Days  previous  Notice  of  fuch 
Motion. 


XI.  AND 


L    A   IV  S      O/'      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  399 


XL     AND  be  it  further  EnaSfed,    by  the  Authority  aforefaid^   That  upon   the    -^-  D-   1768. 
Trial  of  any  Caufe  on  the  faid  laft  mentioned  Bond,  wherein  Ilfuc  (hall  be  joined    ^^TTT^'^'i n. 
upon  Performance  of  the  Condition  thereof,  or  where  a  Writ  of  Enquiry  of  Da-    shentts    TrJa. 
mages  iliall  be  executed  upon  any  Breach  of  the  fame  aifigned,  or  where  a  Motion    ^'Jid'eroMhi.- La 
fhall  be  made  agtiinfl:  the  Sheriff  as  aforetaid,  it  Ihall  be  fufficienr,  to  afcertain  the    ot  T^xibies, 
Sum  wherewith  the  Sheriff  ftands  chargeable,  for  the  Treafurer  to  give  in  Evidence 
an  atcelled  Copy  of  the  Lid  of  Taxables  in  the  County  of  the  Sheriff  lo  fued  or 
moved  againft-,    and  fhall  recover  the  whole  Taxables  contained  in  fuch  Lift,    de- 
duJrling  only  the  Commiffions  by  Law  allowed  him,  and  for  fuch  Perfons  who  have 
no  vifible  Eftate  in  his  County ;    any  Law^    Uiage,    or  Cudom,    to  the  contrary, 
notvvithftanding. 

Xn.     P  RO  FIDED  always.  That  if  fuch  Sheriffs  fhall  before  the  Commence-  Pffvifn,    where 

ment  of  fuch  Suit,    or  hearing  fuch  Motion,    have  fettled  with  the  Court  of  his  ^v.th  I'iH-'com't, 

County  for  the  County  Tax,  and  obMined  an  Allowance  for  fuch  Perfons  who  have  '"  ^'"^  ^"'^  -"-^t- 

no  vifible  Eftate  therein,  certified  by  Five  Juftices  at  lead,  an  atteded  Copy  of  fuch  i^ndT  '" 
■Settlement  may  aUb  be  given  in  Evidence  by  the  Defendant. 

XIIL     AND  be  it  further  EnaBed,  That  the  Clerk  of  each  Inferior  Court  fhall,    inferior    court 
on  or  before  the  Fird  IJay  of  March,  annually,  tranfmit  to  the  Treafurer  of  the    fhe'Tr-*f.u/r''a 
Didrifl  whtrein  fuch  Clerk  fhall  live,  a  true  Copy  of  the  Lid  of  Taxables  of  the    luui Tax.bies. 
faid  County,  filed  with  him,  alphabetically  digefted  ;  for  which  Service  he  fhall  be 
paid  by  the  laid  Treafurer  the  ufual  Fee,    which  fhall  be  by  him  charged  to  the 
Public  in  his  Account :  And  every  Clerk  failing  or  negledting  to  perform  his  Duty    Pen.forNesica. 
herein,    fhall,    for  each  Offence,    forfeit  and  pay  Twenty  Pounds,    Proclamation 
Money  ;    one  Half  to  the  Informer,  and  the  other  Half  to  the  Governor  or  Com- 
mander in  Chief,  for  the  Uie  of  the  Public  ;    to  be  recovered  by  Aftion  of  Debt, 
Bill,    Plaint,    or  Information,    in  any  Court  ot   Record,    with  Cods ;    any  Law, 
Uiage,  or  Cudorn,  to  the  contrary,  notwithftanding. 

XIV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  Sherid'  ^'^X&\t.  'tn'"!'! 
himfeif,  or  by  his  lawful  Officers  or  Deputies,  Ihall,  from  Time  to  Time,  execute  ccute  i*..  cfA,  cr 
all  Writs  and  other  Procefs  to  him  legally  iffued  and  diredted  witliin  his  County,  or    ""'""8'^''"'i^'=- 

<ij       J  J  '  turn. 

xjpon  any  Bay,  River,  or  Creek  adjoining  thereto,  and  make  due  Return  thereof, 
iinder  the  Penalty  of  forfeiting  Fifty  Pounds,  Proclaniation  Money,  for  each  Neg- 
lect, where  fuch  Procefs  Ihall  be  delivered  to  him  Twenty  Days  before  the  fitting 
of  the  Court  to  which  the  fame  is  returnable ;  to  be  paid  to  the  Party  grieved,  by 
Order  of  fuch  Courr,  upon  Motion  and  Proof  of  fuch  Delivery,  unlels  fuch  Sheriff 
can  ihew  I'ufHcient  Caufe  to  the  Court  at  the  next  fucceeding  Court  after  fuch  Order : 
And  for  every  faife  Return,  the  SherifT  ihall  forfeit  and  pay  Fifty  Pounds,  Procla- 
mation Money  ;  one  Moiety  thereof  to  the  Party  grieved,  and  the  other  Moiety  to 
him  or  them  that  will  fue  for  the  fame ;  to  be  recovered  with  Cods,  by  Adion  of 
Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record ;  and  moreover,  be 
further  liable  to  the  Aftion  of  the  Party  grieved  for  Damages:    And  no  Sherifl'   a'(;«  <•?  rrt  to  he 

/     o  ^  o  j(>i urri'  tl  till 

fliall  return  upon  any  Writ,  that  the  Defendant  is  not  to  be  found  within  his  Baili-    sheriff  L%  b^.n 

wick,  uniefs  iuch  Sheriff  Hiall  have  aftually  been  at  the  Houfe  or  Place  of  Abode    „     o^endjnrs 

of  fuch  Defendant:  And  where  any  Defendant  fhall  be  a  known  Inhabitant  of  any    Truth   of    the 

other  County  than  thit  of  the  Sheriff  to  whom  Iuch  Procefs  ihall  be  diredfed,  the    n,'nrd ^i.trf  oe" 

Sheriff  fhall  return  the  Truth  of  the  Cafe;    and  thereupon  an  Alias  fliall  iffue,  di-    <'""''"«  ' ""  '" 

reAed  19  th.'  Sheriff  where  fuch  Defendant  rcfides,  if  the  original  Procrfs  fhall  iffue    '"""'"  '^'""'^• 

from  a  Superior  Court;  atjd  no  Variance  of  the  Addition  of  the  Place  of  Abode  of 

the  Defendanc  fhall  be  deemed  Error  or  Matter  of  Abatement :  And  in  Cafe  at  any    Comncr  to  ?ft 

Time  there  fhall  be  no  Perion  properly  qualified  to  ad;  as  Sheriff  in  any  County  in 

this  Province,  that  then  it  fliali  and  may  be  lawful  for  the  Coroner  of  fuch  Countv, 

and  he  is  hereby  required,  to  execute  all  Procefs  within  the  fame,  until  ibme  Perfon 

fiiail  be  appoinred,  and  properly  qualified,  to  ad  as  Sheriff  ni  the  fiiid  County  ;  and 

fuch  Coroner  Ihall  be  under  the  liime  Rules  and  Regulations,  and  fubjed  to  the 

fame  Fines  and  Forfeitures,  as  Sheriffs  are  by  Law,  in  Relation  to  the  executing 

and  returning  of  any  procefs  to  them  direded.  XV.  PRO- 


Whcic  llO  Sll'--!.tf. 


400 


L  A  IV  S    of    I>Iorth-Carolina. 


J.  D.    1768. 

Provifo,  to  ex- 
empt Perfons 
from  Procefs. 


Sheriff's  Duty  on 
ferving  Executi- 
oai. 


XV.  PROVIDED  always.  That  it  fhall  not  be  lawful  for  any  Sheriff,  or 
other  Officer,  to  execute  any  Writ  or  other  Procefs  upon  a  Sunday,  or  upon  any 
Perfon  attending  his  Duty  at  a  Mufter  of  the  Militia,  or  any  Ekdion  of  Burgefs 
or  BurgefTes,  or  Veftrymen,  or  any  Perfon  funimoned  to  attend  as  an  Evidence  or 
a  Juror  -,  and  all  fuch  Services  of  Procefs  is  hereby  declared  illegal  and  void,  unlcfs 
the  fame  be  iffued  againft  any  Perfon  or  Perfons  for  Treafon,  Felony,  Riot,  Ref- 
cous.  Breach  of  Peace,  or  upon  an  Efcape  out  of  Prifon  or  Cuftody ;  and  fuch 
Procefs  fhall  and  may  be  executed  at  any  Time  or  Place. 

XVI.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  from  and 
after  the  Firft  Day  of  June  next,  each  and  every  Sheriff  within  this  Province  fhall, 
on  levying  any  Execution  for  any  Debt,  Damages,  or  Cofls,  make  out,  if  required, 
aiBill  of  his  Fees  due  on  fuch  A6fion  or  Suit-,  and  let  down,  under  the  faid  Bill,  a 
true  Copy  of  the  Clerk's,  Attorney's,  and  other  endorfed  Fees,  feparately  and  dif- 
tindly,  and  give  a  Receipt  for  the  fame  to  the  Party  againft  whom  fuch  Execution 
Ihall  iffue,  and  alfo  fhall  endorfe  the  Amount  of  his  own  Fees  he  fhall  fo  take  on 
fuch  Execution,  to  be  entered  by  the  Clerk  on  the  Execution  Docket ;  for  which 
Copy  the  faid  Sheriff  may  demand  and  receive  One  Shilling  of  the  Perfon  requeflincr 
the  fame :  And  if  any  Sheriff  or  other  Officer,  impowered  to  levy  any  Extcution, 
fhall  fail  fo  to  do,  fuch  Sheriff  or  other  Officer  fhall  forfeit  and  pay  Ten  Pounds, 
Proclamation  Money,  to  any  Perfon  who  will  fue  for  the  fame. 


To  take  PaU- 
Bonds  payable  to 
thfrnlelves,  dif- 
cliaigealilc  '  n 
Prifoner's  Ap- 
pearance, 


Ti)  taks  no  other 
F.'e  for  Pulilic 
Servici^siban  joi. 


Uniiilifted  Tax. 
alil-s  t'  hi  ac- 
counted for. 


GofiHs  and  Chat- 
tels mav  he  Hif. 
trained  f,,r  Pay. 
ment  of  Taxss. 


Method  of  Sale, 


XVII.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  it  fhall 
not  be  lawful  for  any  Sherifl^',  or  his  Ofhcer  or  Deputy,  to  take  any  Obligation  of 
or  from  any  Perfon  or  Perfons  in  his  Cuflody,  for  or  concerning  any  Matter  or 
Thing  relating  to  his  Office,  otherwife  payable  than  to  himfelf  as  Sheriff,  and  dif- 
chargeable  upon  the  Prifoner's  Appearance,  and  rendering  himfelf  at  the  Day  and 
Place  required  in  the  Writ  whereupon  he  v^as,  or  fhall  be  taken  or  arrefted  (and 
his  Securities  difcharging  themfelves  therefrom  as  fpecial  Bail  of  fuch  Prifoner)  or 
fuch  Perfon  or  Perfons  keeping  within  the  Limits  and  Rules  of  any  Prifon  •,  and 
every  other  Obligation  taken  by  any  Sheriff  in  other  Manner  or  Form  by  Colour 
of  his  Office,  fhall  be  null  and  void,  except  in  any  fpecial  Cafe  any  other  Obligation 
is,  or  ffiall  be  by  I,aw  particularly  and  exprefsly  diredted  :  And  that  no  Sheriff  fhall 
demand,  exaft,  take,  or  receive,  any  greater  Fee  or  Reward  whatfoever ;  nor  fhall 
have  any  Allowance,  Reward,  or  Satisfa6i;ion,  from  the  Public,  for  any  Service  by 
him  done,  other  than  the  Sum  of  Ten  Pounds,  Proclamation  Money,  for  ex-cffuio 
Services,  and  the  Allowances  given  and  provided,  or  which  fhall  be  from  Time  to 
Time  given  amd  provided  by  Law. 

XVIII.  AND  whereas  Sheriffs,  and  other  Collectors  of  Taxes,  have  difcovered 
fome  Taxables  not  inlifled,  and  have  demanded  and  received  the  Taxes  from  them, 
and  retained  the  fame  to  their  own  Ufe ;  Be  it  therefore  EnaSled,  by  the  Authority 
aforefaid.  That  all  Sheriffs  and  Colleftors  fhall  hereafter  account,  on  Oath,  for  all 
fuch  Taxes  by  them  received,  to  the  refpedtive  Treafurers,  Inferior  Courts,  or 
Veflnes,  as  the  Cafe  may  be,  which  fhall  be  applied  to  the  Ule  of  the  Public, 
County,  or  Parifh  refpedlively. 

XIX.  AND  be  it  further  Enabled,  That  where  any  Perfon  or  Perfons,  charge- 
able with  any  Public  or  County  Taxes,  fbiall  not  difcharge  the  fame  on  or  before 
the  Tenth  Day  of  March  in  each  Year,  it  fhall  be  lawful  for  the  Sheriff  to  diflrain 
any  of  the  Slaves,  Goods  and  Chattels,  belonging  to,  or  in  the  Polfeffion  of,  the 
Perfon  owing  or  chargeable  with  fuch  Taxes ;  and  if  the  Owner  thereof  ffiall  nor, 
within  Five  Days  after  fuch  Diftrefs,  pay  and  fatisfy  the  Taxes  due,  fuch  Sheriff 
fhall  and  may  lawfully  fell,  by  Auftion,  the  Slaves,  Goods  and  Chattels,  diflrained, 
or  fo  much  thereof  as  ffiall  be  fufficient  to  fatisfy  the  faid  Taxes,  and  the  Charges 
of  Diftrefs  and  Sale,  but  ffiall  give  Notice  of  the  Day  and  Place  of  the  Sale,  at  the 
Court-Houfe  of  the  County  vv'htrein  fuch  Diftrefs  ffiall  be  made,  by  fetting  up  an 
Advertifement  thereof;  which  Sale  fhall  not  be  in  lefs  than  Three,  nor  more  than 

Ten 


LAWS    o/'North-Carolina.  40  i 


Ten  Days  after  Notice  fo  given  ;  and  {hall  be  good  and  effedual  in  Law  againfc  all   /*'.  D.    1768. 
ian-1  every  Perlbn  and  JPerlbns  whatloever,  claiming  or  pretending  to  claim  any  Riohc,     ^— -V-*^ 
I'uk',  or  Intereit,  in  or  to  any  of  the  faid  Slaves,  Goods,  or  Chatties. 

XX.  AND  be  it  further  Enacted^   by  the  Authority  afore/aid.    That  where  the  ,;(,■  ^^ 
Sheriff  of  any  County  Ihall  be  removed  from  his  Oflice,   or  his  Time  of  Service  hirr.wcrTf coi. 
therein  lliall  expire,    before  he  Ihall  have  compleated   his  Colledion  of  Public,  'j^furfucd  ^ "'' 
County,  and  Parilh  Taxes,  his  Power  of  collecting  fuch  Taxes,  and  making  Dif- 

trcls  for  the  fame,  (hall  continue  as  fully  as  if  he  had  not  been  removed  from  his  faid 
Office  of  Sheriff,  or  his  Time  therein  had  not  expired ;  and  where  any  Sheriff  ihall 
die  before  he  hath  finilhed  his  Collcftion,  his  Executors  or  Adminiftrators  fhall,  and 
are  hereby  invefted  with  the  like  Power  and  Authority  to  compleat  and  finiih  the 
Colleilion  of  Public,  County,  and  Parilh  Taxes,  as  the  Teftator  or  Inteltate  had, 
or  was  intitled  to ;  and  to  fettle  and  account  for  the  fame,  in  the  like  Manner,  and 
under  the  fame  Regulations  and  Rcitrictions,  as  the  Teftator  or  Inteftate  would  have 
been  fubject  to,  had  he  lived  to  finifh  his  Colledion,  and  fettle  for  the  fame. 

XXI.  AND  whereas  it  hath  fo  happened,  that  many  Perfons  who  heretofore  '''''.  ''""'p'^te 
have  aded  in  the  Office  of  Sheriff,  have  not  tully  compleated  the  Colledion  of  luhu^°'',emr.d 
Public,  County,  and  Pariih  Taxes,  in  their  refpedive  Counties ;  Be  it  therefore  fur-  ^^"'" 'i^^'f  "*- 
ther  Enas.'ed,    by  the  Authority  aforejaid.    That  it  Ihall  and  may  be  lawtul  for  fuch 

Perfons,  whole  Time  of  Sheriffalty  hath  expired,  and  who  have  not  tuily  finilhed 
the  Colledion  of  fuch  Public,  County,  and  Parilh  Taxes,  as  by  Law  required,  to 
continue  to  colled  and  make  Diftrefs  tor  the  lame,  in  the  lame  Manner  as  iuch  She- 
Tiff  mio-ht  or  could  have  done,  had  the  Time  of  their  Continuance  in  Office  not  ex- 
pired j  any  Law,  Cullom,  or  Ufage,  to  the  contrary  notwithfranding. 

XXII.  PROVIDED  always^  That  no  Sxheriff  fhall,  at  any  Time,  make  or  ^rov-.h,  to  pre- 
take  unreafonable  Diftrefs,  or  fcize  the  Slave  or  Slaves  of  any  Perlbn  for  any  Public  "Cwn-Z'X""'" 
or  County  Taxes,  or  for  Officers  Fees,  if  other  fufficient  Diitreis  can  be  had  ;  upon 

Penalty  of  being  liable  to  the  Adion  of  the  Party  grieved,  grounded  upon  this  Adi, 
wherein  the  Plaintiff  fnall  recover  full  Cofts,  although  the  Damages  given  do  not 
exceed  Twenty  Five  Shillings,  Proclamation  Money. 

XXIII.  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  if  any  Per-  Proceed;^?,  in 
fon  committed,  rendered,  or  charged  in  Execution,  or  upon  JVIefne  Prccefs,  to  any  ^rclping.^"^"""' 
Prifon,  fhall  thence  efcape,  it  ihall  and  may  be  lawful  to  and  for  any  Juftice  of  the 

^eace  of  the  County  where  fuch  Prifoner  was  in  Cuftody,  upon  Oath  of  fuch  Efcape 
made  before  him  by  the  Sheriff,  Under-Sheriff,  or  Gaoler,  or  other  credible  Perfon, 
to  arant  to  any  Pe>fon  demanding  the  fame  one  or  more  Warrant  or  Warrants, 
under  his  Hand  and  Seal,  direded  to  all  Sheriffs,  Bailiffs,  and  Conftables,  within 
this  Province,  reciting  the  Caufe  of  fuch  Perfons  Commitment,  and  the  Time  of  his 
or  her  E''"cape,  and  commanding  them,  and  every  of  them,  in  their  refpedive 
Counties  and  Precinds,  to  feize  and  retake  fuch  Prifoner  fo  efcaped,  or  going  at 
larore ;  and  being  fo  taken,  forthwith  to  convey  to  the  Prifon  where  Debtors  are 
ufually  kept,  in  the  County  where  fuch  Retaking  fhall  be,  there  to  be  kept  in  fafe 
Cuftody,  until  he  or  fhe  be  thence  difcharged  by  due  Courfe  of  Law  ;  which  War- 
rant the  Sheriff  is  htrcby  required  to  obey,  and  receive  the  Prifoner  into  his  fafe 
Cuftody,  and  to  give  a  Note  to  the  Perfon  or  Perfons  delivering  him,  her,  or  them^ 
certifying  his  Receipt  of  fuch  Prifoner  -,  and  fnall  alfo  make  Return  of  the  Execution 
of  fuch  Warrant  to  the  Court  of  the  County  where  fuch  Prifoner  efcaped  •,  and  if  he 
or  fhe  was  there  in  Cuftody,  charged  in  Execution,  then  the  faid  Sheriff  (hall  fafely 
keep  him  or  her  without  Bail  or-Mainprize,  until  he  or  (he  (hall  have  made  full  Pay- 
ment and  Satisfadion  to  the  Plaintiff  or  Plaintiffs,  Creditor  or  Creditors,  in  whofe 
Name  fuch  Execution  was  iflued  out,  or  until  the  Judgment  or  Judgments  obtained 
againft  him  or  her  ihall  be  reverfed  or  diibharged  by  due  Courfe  of  Law  :  And  if 
any  iuch  Prilbner  fhall  have  been  in  Cuftody  upon  Mefne  Procefs  in  any  Adion  of 
Debt,  or  upon  the  Caic,  the  Slieriff  to  whom  he  or  fne  iliall  be  fo  committed,  fhall, 

E  e  e  in 


402  LAWS    of    North-Carolina. 

A.  D.  1768.  in  like  Manner,  keep  fuch  Prifoncr  in  his  fafe  Cuftody,  and  make  Return  of  the  Ex- 
*—  -^r'"*rf  ecution  of  the  Warrant  by  which  he  or  fhe  was  retaken,  to  the  Court  of  the  County 
wherein  he  or  fhe  was  firit  arrefted  ;  and  thereupon  it  fhall  be  lawful  for  the  faid 
Court,  upon  the  Plaintiff's  filing  his  Declaration,  and  entering  the  Defendant's  Ap- 
pearance, to  proceed  to  give  Judgment  thereon,  in  the  fame  Manner  as  if  the  De- 
fendant had  appeared  in  Court  and  refuled  to  plead,  unlefs  fuch  Defendant  fhall 
caule  fpecial  Bail  to  be  entered  in  the  faid  Court,  and  Ihall  immediately  plead  to  Iffuei 
and  thereupon  a  Certificate,  under  the  Hand  of  the  Clerk  of  the  laid  Court,  that 
fuch  Bail  is  ^iven,  and  delivered  to  the  Sheriff  in  whofe  Cuftody  fuch  Defendant  Ihall 
then  be  it  ftiall  be  lawful  for  him  to  fet  at  large  fuch  Prifoner,  and  not  otherwife : 
But  where  any  Prilbner  efcaped,  and  retaken  upon  fuch  Warrant  as  aforefaid,  fhall 
thereafter  be  charged  with  Treafon,  Felony,  or  other  capital  Crime,  in  Behalf  of 
his  Majefty,  or  his  Succeffors,  for  which  he  or  fhe  ought  to  be  tried  in  one  of  the 
Superior  Courts  of  this  Province,  and  fhall  be  for  fuch  Caufe  removed  to  any  Gaol 
of  fuch  Court,  every  fuch  Prifoncr  fliall  be  charged  in  fuch  Gaol  with  all  the  Caufes 
wherewith  he  or  fhe  ftood  charged  in  the  Gaol  from  whence  he  or  fhe  efcaped,  or 
was  removed,  until  he  or  fhe  be  thence  delivered  by  due  Courfe  of  Law ;  any  Law, 
Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

VLtmtij  againft  XXIV,  AN  D  he  it  further  Enacted,  hy  the  Authority  aforefaid^  That  If  any  She- 
S'to  py'Mo-  riff  or  other  Officer  hath  made,  or  fhall  make  any  Return  upon  any  Writ  o{  Fieri 
nies  by  them  re-  Padds^  OX  Venditioni  Exponas^  that  he  hath  levied  the  Debt,  Damages,  end  Cofls, 
of^In5'pr"ecTp""o  or  Fce's,  as  in  iuch  Writ  required,  or  any  Part  thereof-,  and  hath  not,  or  fhall  not 
them   direfltd ;  j-j^g  j-^j^g  5nto  thc  ptopcr  Office,  or  to  the  Party  to  whom  the  fame  is  payable, 

or^fuffering  Ef-  ^^  ^^.^  Attorney,  at  the  Return  of  fuch  Writ ;  or  hath,  or  fhall  return  upon  any 
Writ  of  Capias  ad  Satisfaciendum,  or  Attachment,  for  not  performing  a  Decree  in 
Chancery,  for  the  Payment  ot  any  Sum  of  Money,  or  other  Matter,  that  he  hath 
taken  the' Body  or  Bodies  of  any  Defendant  or  Defendants,  and  hath  the  lame  ready 
to  fatisfy  the  Money,  or  other  Matter  in  fuch  Writ  mentioned,  and  fliall  have  adu- 
ally  received  the  Money,  or  other  Matter,  from  the  Defendant  or  Defendants,  or 
any  Part  thereof;  or  fuffcred  him,  her,  or  them,  to  efcape,  with  Confent  of  fuch 
Sheriff  or  Officer-,  and  hath  not,  or  Ihall  not  pay  the  fame  into  the  proper  Office, 
or  to  the  Party  to  whom  the  fame  is  payable,  or  his  Attorney ;  that  then,  and  in 
cither  of  the  faid  Cafes,  it  fhall  and  may  be  lawful  for  the  Creditor,  at  whofe  Suit 
of  Fieri  Facias  Venditioni  Exponas,  Capias  ad  Satisfaciendum,  or  Attachment,  hath, 
or  fliall  iffue,  upon  Motion  made  in  the  Court  from  whence  fuch  Writ  iffued,  or  in 
the  Superior  Court  of  the  Diftridl  wherein  fuch  Sheriff  fhall  refide,  to  demand  Judg- 
ment againft  fuch  Sheriff,  or  other  Officer,  for  the  Money,  or  other  Matter,  men- 
tioned in  fuch  Writ ;  and  fuch  Court  is  hereby  authorized  and  required  to  give 
Judgment  accordingly  for  the  fame,  with  Cofts,  and  to  award  Execution  againft  the 
Goods  and  Chattels,  Lands  and  Tenements,  of  fuch  Sheriff,  provided  fuch  Sheriff 
have  Ten  Days  previous  Notice  of  fuch  Motion  :  And  where  it  fhall  fo  happen  that 
the  Time  of  any  Perfon's  Sheriffalty  ffiall  be  expired,  or  he  fhall  be  removed  from 
his  Office,  before  fuch  Motion  made  by  the  Creditor  or  Creditors,  the  fame  Re- 
medy, Proceedings,  and  Relief,  fhall  and  may  be  had  againft  him,  as  if  fuch 
Perfon  was  adualTy  in  Office ;  any  Thing  herein  contained,  to  the  contrary,  not- 
withftanding. 

Method  of  Re-        XXV      AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  where 
:Spi:  ^^    any  Sheriff  fhall  have  taken  the  Body  of  any  Debtor  in  Execution,  and  fiiall  wilfully 
the  Plaintiff  or    „/nealicTently  fuffer  fuch  Debtor  to  efcape,  and  fuch  Sheriff,    or  Perfon  luing  out 
shenflf<i.«.         ^^^^^  Execution,  fhall  die  before  a  Recovery  can  be  had  againft  fuch  Sheriff  for  fuch 
Efcape     the  Pe'rfon  fuing  out  fuch  Execution,    his  Executors  or  Adminiftrators, 
ftiall  and  may  have  and  maintain  an  Adion  of  Debt  again  fuch  Sheriff,  his  Execu- 
tors or  Adminiftrators,  for  the  Recovery  of  all  fuch  Sums  of  Money  as  are  menti- 
oned in  the  faid  Execution,  and  Damages  for  detaining  the  fame ;  any  Law,  Ulage, 
©r  Cuftom,  to  the  contrary^  notwithftanding. 

XXVL  AND 


L  A  }V  S    of    North-Carolina. 


403 


XXVI.  A  N  D  for  removing  all  Controverfies  touching  the  Manner  of  turning   A.  D.   1768. 
over  Prilbners  upon  the  Sherifi's  quitting  his  Office,  Be  tt  further  Ena£ied^  by  the    ^"-v—  •* 
Authority  aforefaid.  That  the  Delivery  ot  Frifoners  by  Indenture,  between  the  old    mg'o'veiVTnl 
Sheriff  and  the  new,    according  to  the  Practice  in  England^    or  the  entering  upon    '"• 
Record  in  Court  the  Names  of  the  feveral  Prifoners,  and  the  Caufes  of  their  Com- 
mitment, delivered  ov<  r  to  the  new  Sheriff",  fhall  be  iufficient  to  difcharge  the  late 

Sheriff  from  all  Suits  and  Actions  for  any  Efcape  that  Ihall  afterwards  happen. 

XXVII.  AN  D  for   preventing  the  evil  and  pernicious  Pradice  of  fuch  as  are  Method  of  Reco- 
intrufted  with  laying  out  ol  the  Public  Money,  in  applying  it  to  their  own  Ufe,  in  ""uLus    ''fwm 
Defraud  of  the  Government ;    Be  it  Enabied^  by  the  Authority  aforefaid^  That  if  any  Tieafuieis. 
Perfon  or  Perfons  who  heretofore  have  been,  now  are,  or  hereafter  fhall  be  appointed 

a  Treafurer  or  Treafurers  of  this  Province,  by  Virtue  of  any  Act  of  Aflembly,  and 
have  failed  or  neglected,  or  Ihall  fail  or  neglect,  to  account  for,  and  pay  the  leveral 
Taxes,  Impofts,  and  Duties,  which  they  re(pe6tively  have  been,  now  are,  or  here- 
after fhall  be  authorized  and  impowered  to  receive,  according  to  the  Diredtions  of 
the  Law  or  Laws  impofing  the  fame,  that  it  fliail  and  may  be  lawful  for  any  Su- 
perior Court  of  the  Diltridt  of  fuch  Treafurer,  on  Motion  of  the  Attorney  General, 
or  any  other  Attorney,  by  Order  and  Diredtion  of  the  General  AlTembly,  to  grant 
Judgment  againft  fuch  Treafurer,  in  the  Name  of  the  Governor  or  Commander  in 
Chief,  for  all  fuch  Public  Taxes,  Impofts,  and  Duties,  which  he  fhall  have  in  his 
Hands  unaccounted  for  as  aforefaid,  together  with  Interefi:  thereupon,  after  the 
Rate  of  Six  per  Cent,  per  Anmim.,  from  the  Time  of  receiving  the  fame  till  paid,  and 
double  Cofts,  and  to  award  Execution  thereupon  againft  the  Body,  Goods  and 
Chattels,  Lands  and  Tenements,  of  fuch  Treafurer,  provided  fuch  Treafurer  have 
Ten  Days  previous  Notice  of  fuch  Motion -,  and  moreover,  fuch  Treafurer  fli all 
lofe  all  fuch  CommiiTions  upon  fuch  Taxes  and  Duties,  as  he  would  otherwise  have 
been  intitled  to. 


Hnvv  applied 

when  recovered. 


XXVIII.  AND  be  it  further  EnaSfed,  hy  the  Authority  aforefaid.  That  the 
Money  that  fhall  be  recovered  of  any  fuch  Treafurer  or  Treafurers  fliall,  when  re- 
ceived, be  applied  to  the  fcveral  refpedtive  Ules,  Intents,  and  Purpofes,  to  which 
the  fame  are,  or  (hall  be  by  Law  appropriated,  or  to  llich  other  Ules  and  Purpofes 
as  the  General  AfTembly  fhall  diredt  and  appoint. 

XXIX.  AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  if  any    Method  of  R'<-o- 
Perfbn  or  Perfons  v/ho  heretofore  have  been,  now  are,  or  hereafter  ihall  be  appointed    VP  -"^e  *'"''''! 

J.  ,,  _  r  I  '        Monies  rrom  suij 

and  mipowered  to  lay  out  any  Sum  or  Sums  of  Money,  in  Behalf  or  on  Account  of  oihcj i'«fons. 
this  Province,  whether  the  fame  was,  is,  or  fnall  be  for  his  Majefty's  Service,  de- 
fraying the  contingent  Charges  of  this  Government,  or  other  Purpofes  by  Adt  of 
Aflembly  particularly  diredted,  and  have  received  the  fam.e,  and  have  refufed,  failed, 
or  negledted,  or  fliall  refufe,  fail,  or  negledt,  to  lay  out  and  apply  fuch  Sum  or 
Sums,  and  account  for  the  fame,  according  to  the  Diredtions  of  the  Law  or  Laws 
that  have  appropriated,  or  fhall  appropriate  the  fame-,  it  fhall  and  may  be  lawful 
for  the  Attorney  General,  by  Order  and  Diredlion  ot  the  General  AlTembly,  upon 
Motion  made  in  the  Name  of  the  Governor  or  Commander  in  Chief,  in  any  Supe- 
rior Court  in  this  Province,  to  demand  Judgment  againft  any  fuch  Perfon  or  Per- 
lons,  for  all  fuch  Sums  of  Money  as  he  or  they  fhall  have  received  for  the  Purpofes 
aforefaid,  or  any  ot  them,  that  fuch  Peifon  or  Perfons  fl:!all  not  have  applied,  laid 
out,  and  accounted  for,  according  to  the  feveral  Adts  of  AfTembly  intrufting  any 
fuch  Perfon  or  Peri'ons  with  the  Application  thereof  iliall  require  ;  and  fuch  Court 
is  hereby  authorized,  impowered,  and  required,  to  give  fuch  Judgment  accordingly, 
to  be  paid,  with  Intercft  thereupon,  after  the  Rare  ot  Six  per  Cent,  per  AnmoUy 
from  the  Time  fuch  Perfon  or  Perfons  received  the  fame,  till  paid,  and  treble  Cofts' 
and  to  award  Execution  thereupon  againft  the  Body,  Goods  and  Chattels,  Lands 
and  Tenements,  of  fuch  Perfon  or  Perfons,  provided  fuch  Perfon  or  Perfons  have 
Twenty  Days  previous  Notice  of  fuch  Motion  :  And  if  any  fuch  Perfon  or  Perfons 
fhall  beTued  on  his  or  their  Bond,    given  for  the  Performance  of  fuch  Truft  as 

E  e  e  2  aforefaid. 


404 


L  A  tV  S    of    North-Carolina, 


A.  D.  1768.  aforefaid,  the  Court  before  whom  fuch  Trial  (hall  hz  had,  or  Writ  of  Enquiry 
executed  on  an  Affignment  of  any  Breach  of  the  Condition  thtreof,  ihall  give  Judg- 
ment for  the  whole  Penalty  of  fuch  Bond  •,  to  be  difeharged  upon  the  Defendant  or 
Defendants  paying  the  Damages  found  or  afTefled,  together  with  Interell  Irom  the 
Date  of  fuch  Bond,  till  paid,  with  treble  Cofts  as  aforefaid ;  and  in  both  the  faid 
Inftances,  fuch  Perfon  or  Perfons  fliall  lofe  all  fuch  Commifiions,  Allowances,  and 
Rewards,  as  he  could  or  might  have  claimed  if  he  had  laid  out  fuch  Money,  and 
regularly  accounted  for  it. 


How         applied 
when  recuvvred. 


sheriffs  to  deliver 
to  thrir  Courts 
ftated  AcC'  unts, 
figtied  liy  the 
Trealurer,  of  the 
PuIjIic  Tax-s  they 
have  received. 


Shrr;fF^  fuperffd- 
ed  ti>  deliver  to 
their  CiHittsfuch 
ftated  Accounts , 


XXX.  AND  be  it  further  Ena5fed^  That  in  both  the  aforefaid  Cafe?,  the 
Moi^ey  when  recovered  and  received,  fhall  be  applied  and  laid  out  to  and  for  the 
feveral  refpedive  Ufes  and  Intents  to  which  the  fame  is,  or  fhall  be  by  Law  direftcd 
to  be  applied,  or  as  the  General  Affembly  fhall  order  and  appoint,  (a) 

XXXII.  AND  whereas  many  Sheriffs  of  this  Province  have  heretofore  applied 
to  their  own  private  Ufes,  or  otherwife  embezzled  confiderable  Sums  of  the  Public 
Monev,  in  Hopes  of  replacing  the  fame  when  called  for,  and  by  Reafon  thereof 
have  been  rendered  unable  to  come  to  any  regular  Account  with  the  Public  Trea- 
furers  v;ithin  the  Time  appointed  by  Law,  to  the  great  and  manifeil  Prejudice  of 
the  Public  Interell,  of  their  Securities,  and  of  their  own  Eilates :  For  Remedy 
whereof,  and  to  the  End  that  the  Public  Money  coUeded  from  the  People  may  be 
faithfully  applied  and  appropriated  to  the  feveral  Puipofes  for  which  it  was  intend- 
ed ;  Be  it  Enabled,  by  the  /iuthority  aforefaid.  That  fronr  and  after  the  lafl  Day  of 
December,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Sixty  Eight, 
all  Sheriffs,  and  other  CoUedors  of  Public  Taxes  in  this  Province,  fhall  annually 
exhibit  and  deliver  into  the  Firll  Court  to  be  held  for  their  refpedive  Counties  after 
the  Firft  Day  of  January,  in  each  Year,  a  regular  and  fair  ftated  Account,  figned 
or  attefted  by  the  Public  Treafurer  of  the  Diftrid,  afcertaining  the  Amount  of  what 
Public  Money  each  of  them  refpedively  had  received  for  the  Year  preceeding,  to- 
gether with  the  Amount  of  what  each  of  them  had  paid  or  difburfed,  and  the  Ba- 
lance (if  any  there  be)  due  by  them  •,  which  flated  and  figned  Account  fhall  be 
forthwith  entered  on  the  Record  or  Minutes  of  that  Court  to  which  it  is  exhibited 
by  the  Clerk  of  fuch  Courts  refpedively,  who  for  his  Trouble  therein  fhall  be  in- 
titled  to  a  Fee  of  Five  Shillings,  Proclamation  Money,  and  every  Sheriff,  or  other 
CoUedor  of  the  Public  Taxes,  who  fhall  fail  or  negledf  to  obtain,  exhibit,  and  de- 
liver, fuch  ftated  and  figned  Account,  or  to  have  the  fame  put  upon  the  Minutes 
of  the  Court  at  the  refpedive  Times,  and  according  to  the  Diredions  by  this  Ad 
prelcribed,  fhall  forfeit  all  fuch  Commiffions  as  he  or  they  Ihould  by  the  Laws  of 
this  Province  be  intitled  to,  as  Colledcrs  of  the  Public  Taxes  for  the  preceeding 
Year ;  and  after  fuch  Failure  or  Negled,  it  fliall  not  be  lawful  for  the  Public 
Treafurers  to  allow  of  fuch  CommiiTions  to  the  Party  negleding  j  any  Law,  Ufage, 
or  Cuftom,  to  the  contrary,  notwithftanding. 

XXXIII.  AND  be  it  further  EvaEled,  That  from  and  after  the  pafTing  of  this 
Ad,  all  Sheriffs,  and  other  Colledors  of  the  Public  Taxes,  who  fliall  be  fufpended 
or  removed  from  their  Offices  otherwife  than  by  Death,  fliall  immediately  after  their 
Succeffors  in  Office  are  qualified,  obtain  from  the  Treafurer  of  the  Diftrid  a  regular, 
fair,  and  ftated  Account,  figned  or  attefted  by  fuch  Treafurer,  afcertaining  the 
Amount  of  all  the  Public  Money  by  fuch  Sheriff  or  Colledor  refpedively  received 
or  colleded  during  the  Time  he  was  in  Oflice,  together  with  all  the  Payments  by 
fuch  Sheriff  or  Colledor  refpedively  made  or  dlftDurfed,  and  the  Balance  due ; 
which  ftated  and  figned  Account  Ihall,  by  all  Sherifts  and  Coikdors  refpedively, 
be  likewife  exhibited  and  delivered  into  the  Courts  of  their  refpedive  Counties,  to 
be  held  immediately  after  their  Succefibrs  is  commiffioned  and  qualified,  and  forth- 
with entered  upon  the  Records  or  Minutes  of  the  faid  Court  in  Manner  herein  be- 
fore prefciibed ;    and  every  Sheriff  or  other  Colledor,  fo  removed  or  fuperfeded, 

who 


(a)  The  3iftScaion,  relative  to  the  Time  of  fettling  Sheriffs  Accouats,  repealed,  and  provided 
for,  by  Ad  Nov.  176S,  Chap.  7. 


LAWS    of    North-Carolina. 


405 


who  {hail  fail  or  negleft  to  obtain,  exhibit,  and  deliver  fuch  ftated  and  figned  Ac-  '^-  ^-  »768. 
count,  or  to  have  the  fanae  put  upon  the  Records  or  Minutes  of  the  Court,  at  the  *— "V*— ^ 
refpeitive  Times,  and  according  to  the  Diredion  by  this  A61  prefcribed,  fliall  for- 
feit all  fuch  Commiffions  as  he  or  they  fhould  by  the  Laws  of  this  Province  be  in- 
tided  to,  as  Collector  of  Public  Taxes,  from  the  laft  Settlement  of  Account  between 
the  Public  Treafurers  and  them  refpeCtively,  and  after  fuch  Failure  or  Negleft,  ic 
IhiU  not  be  lawful  for  the  Public  Trealurers  to  allow  of  fuch  Commiffions. 

XXXIV.     AND  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  from   ^'"'',', '"J,^^""!"* 
and  after  the  pafling  of  this  Aft,  the  Ckrk  of  each  and  every  Inferior  Court  of  this   vemor  futh  ac 
Province  (hall,  within  Forty  Days  next  after  recording  the  feveral  ftated  Accounts   '°"""' 
between  the  Treafurers  and  the  SherilFs,  and  other  Colledors  of  tlie  Public  Taxes 
by  this  Ad  direded,    tranfmit  to  the  Governor,    or  Comm.,nder  in  Chief  lor  the 
Time  being,    an  atcefted  Copy  of  all  fuch  ftated  and  figned  Accounts,    under  the 
Penalty  of  Five  Pounds,   Proclamation  Money,  to  be  applied  for  the  Purpofes  by 
this  Ad  direded,  and  recovered  by  Action  of  Debt,  Bill,  Plaint,  or  Information, 
in  any  Court  of  Record,  brought  in  the  Name  of  the  Governor  for  the  Time  being-, 
wherein  no  Elfoin,  Protection,  or  Wager  of  Law,  fliall  be  allowed  or  admitted. 


Ni')  Member  of 
AfT^mb'y  to  att 
as  Sher  iff. 


XXXV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  from 
and  after  the  paffing  of  this  Act,  no  Perfon  duly  elected  and  chofen  a  Reprelentative 
for  any  Counry  or  Town  within  this  Province,  to  fit  and  vote  in  the  General  Af- 
fembly,  Ihall,  during  his  continuing  a  Reprefentative  thereof,  be  commiftioned  to 
act  as  Sheriff  in  or  for  any  County  within  the  fame. 

XXXVI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  and   RepeaiingChufe. 
every  Act  and  Acts  of  AfPembly  relating  to,  or  concerning  Sheriffs,  are  hereby  re- 
pealed and  made  void. 


C  H  A  F.     VII. 

An  Aol  to  appoint  a  Public  Treafurer  of  the  Northern  Dijlri5f,  and  other  Purpofes. 

\.  W  7 HERE  AS  by  an  Act  of  General  Affembly,  paffed  at  Wilmington,  in  the   Preamble.- 

yY  Fifth  Year  of  his  prcfent  Majefty's  Reigh,  intituled.  An  Act  J  or  appointing 
Public  "freafurers,  JofeuhMontfort,  Efq-,  was  appointed  PublicTreafurer  for  the  North- 
ern Diftnct,  which  faid  Act  is  now  near  expiring  :  And  vs^hereas  by  another  Act  of 
Affembly,  paff:^d  at  Newbern,  in  the  Seventh  Year  of  his  Majefty's  Reign,  intituled. 
An  Ail  for  appointing  a  Public  Treafurer,  in  the  Room  of  ]o\\n  Starkey,  Efq^;  deceafed, 
John  Afhe,  Efq-,  was  thereby  appointed  public  Treafurer  for  the  Southern  Dift-rict, 
in  the  Room  of  the  faid  John  Starkey,  Efq-,  deceafed;  which  faid  Act  was  to  be  and 
continue  in  Force,  for  and  during  the  Term  of  Three  Years,  and  from  thence  to 
tiie  End  of  the  next  Seffion  of  Affembly ;  and  it  being  thought  convenie-nt,  that  all 
Acts  heretofore  made  in  Relation  to  the  Appointment  of  public  Treafurers,  and  di- 
recting their  Duty  in  Office,  Hiould  be  reduced  to,  and  comprized  in  one  diftinct 
Act: 

II.     B  E  it  therefore  Enacted,    by  the  Governor,  Council,  and  Affembly,  and  by  the   RepeaiinECUufe. 
Authority  of  the  fame.  That  the  faid  Acts,  and  all  and  every  other  Act  and  Acts  of 
Affembly,  and  every  Claufe  of  any  Act  or  Acts  of  Affembly,  heretofore  made  with- 
in the  Purview  and  Meaning  of  this  Act,  Ihall  be,  and  are  hereby  repealed. 


III.  AN  D  be  it  further  EnaEied,  by  the  Authority  aforefaid,  ThzX.  J  ofeph  Mont- 
fort,  Efq-,  be,  and  is  hereby  appointed  public  Treafurer  for  the  Counties  of  Curri- 
tuck, Paftiuctank,  Perquimans,  Chowan,  Bertie,  Tyrrel,  Northampton,  Edgcomb,  Gran- 
ville, Orange,  Hertford,  Bute,  and  Halifax;  and  that  John  Afhe,  Efq;  be,  and  is 
hereby  appointed  public  Treafurer  for  the  Counties  of  Anfon,  Beaufort,  Bladen, 
Lrunfwick,  Cumberland,  Craven,  Carteret,  Duplin,  Dobbs,  Hyde,  Johnflon,  Mecklen- 
burg, 


T'eafureis 
pointed. 


4o6 


LAWS    of    North-Carolina. 


To  give  Bjnd, 


TreafurTs  to  re- 
ceive  I'ublic  Mo- 


Treafurers 
ioviance. 


Al- 


Sheriffa  Bv>nd':  to 
be  Indeeii  with 
she  Tisafurtis. 


A.  D.  1768.  burg,  New-Hanover,  Onflow,  Pitt,  and  Rowan',  which  faid  Treafurers  ftiall,  im- 
mediately after  the  Ratification  of  this  Act,  give  Bonds  rtfpectively,  with  good  and 
fufficient  Securities  to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succeflbrs,  in 
the  Sum  of  Ten  Thoufand  Pounds  lawful  Money  of  Great-Britain,  each,  with 
Condition  that  he  will  diligently  and  faithfully  collect  from  the  refpective  Sheriffs, 
Receivers,  and  Collectors  of  Duties,  and  other  Perfons  charged  with  public  Monies 
within  his  faid  Diftrict ;  and  well  and  truly  account  for,  and  pay  to  the  General 
Affembly  of  this  Province  when  thereto  required,  all  public  Monies  which  he  now 
hath,  or  hereafter  Ihall  receive,  and  for  the  faithful  and  regular  difcharge  of  the 
Duties  of  his  faid  Office  ;  which  Bond  fhall  be  lodged  in  the  Secretary's  Office,  and 
in  Cafe  of  Breach  of  the  Condition  thereof,  may  be  recovered  in  any  Court  of  Law 
in  this  Province,  having  Cognizance  thereof. 

IV.  AND  he  it  further  EnaSfed,  hy  the  Authority  aforefaid.  That  the  faid  Trea- 
furers, and  each  of  them  is,  and  are  hereby  impowered,  authorized,  and  required, 
to  receive  all  public  Monies  and  Taxes  payable  m  the  feveral  Counties  within  their 
refpective  Diftricts,  and  the  Sheriff  of  each  of  the  faid  Counties,  and  other  Collectors 
and  Receivers  of  public  Monies  within  any  of  the  faid  Counties,  are  hereby  directed 
and  required,  on  or  before  the  Tenth  Day  of  June  Yearly,  to  account  with,  upon 
Oath,  and  pay  into  the  Hands  of  the  Treafurer  of  his  refpective  Diftrict,  all  publfc 
Monies  which  the  faid  Treafurers,  or  either  of  them,  are  by  Law  impowered  and 
required  to  receive. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  an  Allowance 
of  Five  ^^r  Cent,  fhall  be  made  to  the  laid  Treaiurers,  on  all  Monies  by  them  re- 
fpectively  received,  accounted  for,  and  paid  into  the  General  Affembly  as  aforeiaid. 

VI.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Clerk  of 
each  County  in  this  Province,  fhall,  within  Six  Months  after  the  Ratification  of 
this  Act,  lodge  with  the  pubhc  Treafurer  of  the  Diftrict  wherein  fuch  County  lies, 
all  and  every  Bond  now  in  his  Poffeffion,  heretofore  given  by  any  prefent  or  former 
Sheriff  of  the  faid  County,  for  the  well  and  truly  collecting,  and  duly  accounting  for, 
and  paying  the  public  Taxes  of  fuch  County  •,  and  the  faid  Clerk  fhall  alfo  lodge 
with  the  faid  Treafurer,  all  fuch  Bonds  as  fhall  at  any  Time  hereafter  be  entered 
into,  and  given  by  any  fucceeding  Sheriff  of  his  County  for  the  Purpofes  aforefaid, 
within  Nine  Months  after  the  Time  of  executing  fuch  Bond  or  Bonds,  the  faid 
Clerk  firft  recording  fuch  Bond  or  Bonds  at  large,  among  the  Records  of  his 
Court,  an  atiefted  Copy  whereof,  under  the  Hand  of  the  faid  Clerk,  in  Cafe  of 
the  Lofs  of  the  original  Bond,  and  due  Proof  thereof  made,  fhall  be  as  good  and 
valid  in  any  Court  of  Law  in  this  Province,  againft  any  fuch  Sheriff  and  his  Secu- 
rities, their,  or  either  of  their  Heirs,  Executors  or  Adminiftrators,  as  if  the  origi- 
nal Bond  was  there  to  be  produced  ;  and  if  any  Clerk  fhall  fail  or  neglect  to  record 
fuch  Bond  or  Bonds,  and  lodge  the  fame  with  the  Treafurer  of  his  Diftrift  within 
the  Time  afore-limited,  fuch  Clerk  fliall  be  liable  to  a  Sufpenfion  from  his  OfEce, 
on  due  Proof  thereof  made  to  the  inferior  Court  whereol  he  is  Clerk  •,  and  fuch 
Sheriff  ihall  pay  to  the  Clerk  the  accuftomed  Fees  for  recording  the  fame. 

VII.  AND  he  it  further  EnaMed,  hy  the  Authority  aforefaid.  That  the  faid 
Treafurers  are  hereby  authorized,  impowered,  and  required,  to  fue  and  profecute 
all  fuch  SheritTs,  Receivers  of  Duties,  and  other  Perlons,  and  the  Security  or  Se- 
curities of  any  fuch  Perfons,  their,  or  either  of  their  Fleirs,  Executors,  or  Admi- 
niftrators, who  heretofore  have  received,  or  fliail  hereafter  receive  any  public  Mo- 
nies, and  have,  or  ftiall  negledl  to  account  for,  fatisfy  and  pay  the  fame  :  And  in 
Cafe  of  Neglcft  or  Failure  of  either  of  the  faid  Treafurers  to  commence  Suit  againft, 
or  otherwife  profecute  any  Sheriff,  or  other  Perfon  now  in  Arrear  to  the  Public, 
within  Six  Months  after  the  Ratification  ot  this  Act,  and  Receipt  of  fuch  Bond  fo 
received  as  aforefaid,  or  thofe  hereafter  falling  in  Arrear  to  the  Public,  within  Six 
Months  after  the  Time  by  Law  appointed  for  collecting  of,  accounting  for,  and 

paying 


Treafurers  oblig- 
ed to  fue  PilfudS 
neglefting  to  p.iy 
Public  Monica  in 
their  Hanss. 


L  A  IV  S    of    North-Carolina. 


407 


paying  of  Public  Taxes  and  other  Duties,  and  Receipt  of  fuch  Bond  or  Bonds  fo  ^-  D.  1768. 
to  be  received  as  afore  directed,  within  the  Time  hereby  limited  and  directed  for 
commencing  Suit  againft  fuch  delinquent  Sheriff,  and  other  Receivers  of  Public 
Monies,  and  their  Securities  -,  that  then,  and  in  fuch  Cafe,  the  faid  Treafurer  Ihall 
be  liable  to,  and  ftand  chargeable  with,  all  Arrearages  due  the  Public  from  faid 
Sherifi",  and  other  Receivers  of  Public  Money  within  his  refpedive  Diftrift. 


Accounts  with 
Sher.fts,  to  be 
infiiedtcd  by  the 
Governor, 


VIII.  jiND  he  it  further  Ena5fed,  by  the  Authority  aforefaid^  That  the  Public  To  keep  regular 
Trealurers  in  this  Province  fhall  keep  an  Account  with  the  feveral  Counties  of  their 
refpeftive  Diftrid,  and  therein  debit  the  Sheriff  for  the  Year,  with  the  Number  of 
Taxables,  as  per  Lift  returned  by  the  Clerk,  and  give  fuch  Sheriff'  Credit  for  all 
Infolvents  allowed  by  the  Inferior  Court  agreeable  to  Law,  and  alfo  for  the  feveral 
Sums  he  ftiall  receive  from  fuch  Sheriff;  which  Accounts,  and  all  others  relative  to 
the  Receipt  and  Dilburfement  of  Public  Monies,  fhall  at  all  Times  be  open  for  the 
Infpeftion  and  Perufal  of  the  Governor,  or  Commander  in  Chief  for  the  Time  be- 
ing ;  and  fhall,  by  the  Public  Treafurer  of  each  Diftridl,  together  with  the  Number 
of  Taxables  for  each  County,  be  laid  before  the  General  Affembly  for  their  Exami- 
nation, Approbation,  and  Allowance ;  and  that  the  Governor,  or  Commander  in 
Chief  for  the  Time  being,  may  be  the  more  readily  informed  of  the  State  of  the 
Public  Accounts,  the  Treafurer  of  each  Diftrid  fhall  tranfmit  to  him  fuch  Tranf- 
cripts  or  Information  as  he  fhall  from  Time  to  Time  require. 


IX.  AND  be  it  further  Enacted^  ly  the  Authority  aforefaid^  That  this  Aft 
fhall  be  and  continue  in  Force  for  and  during  the  Term  of  Five  Years,  from  and 
after  the  paffmg  thereof,  and  from  thence  to  the  End  of  the  then  next  Seffion  of 
Affembly,  and  no  longer. 


Continuance     of 
ths  Aft. 


CHAP.     VIII. 


An  A51  for  regulating  Ordinaries^  and  Refiraint  of  "Tippling  Houfes. 

^  H  E  R  E  A  S  the  Laws  now  in  Force  have  been  found  ineffedual  fc 
due  Regulation  of  Ordinaries,  and  Reftraint  of  Tippling  Houfes  j 


II.  B  E  it  therefore  Enacted^  by  the  Governor,  Council,  and  AJfembly,  and  by  the  i-wanner  of  cb. 
Authority  of  the  fame.  That  every  Perfon  defirous  of  fetting  up,  or  keeping  an  Or-  «a''""S3Lkenc8i 
dinary,  or  Houle  of  Public  Entertainment,  fhall  exhibit  a  Petition  to  the  Inferior 
Court  of  that  County  wherein  fuch  Ordinary,  or  Houie  of  Public  Entertainment, 
is  intended  to  be  kept,  for  obtaining  a  Licence  for  keeping  the  fame ;  and  the  Juf- 
tices  of  the  Court  to  whom  fuch  Petition  fhall  be  exhibited  fhall  thereupon  confider 
the  Convenience  of  the  Place  propofed,  and  the  Ability  of  the  Petitioner,  to  keep 
good  and  fulHcient  Houks,  Lodging,  and  Entertainment  for  Travellers,  their  Ser- 
vants and  Horles ;  and  if  fuch  Petition  fhall  appear  reafonable,  and  the  Perfon  pe- 
titioning be  thought  to  be  of  good  Charadler,  and  fufhcient  Abilities,  fuch  Court  is 
hereby  authorized  and  impowered  to  grant  the  Petitioner  fuch  Licence,  he  firft, 
with  one  or  more  fufficient  Sureties,  entering  into  Bond  of  the  following  Tenor, 
to  wit, 

NOW  all  Men,  by  thefe  Prefents,  That  w?  A.  B.  and  CD.  are  held  and  firmly    Bond  to  be  giveai 

bound  unto  the  Governor  and  Commander  in  Chief  in  and  over  the  Province  of  North 

Carolina,  in  the  Sum  of  Pounds,  Proclamation  Money,  to  be  paid  to  the  faid 

or  his  Succeffors,  Governors,  or  Commanders  in  Chief  fcr  the  Time 
being.  To  which  Payment  -xell  and  truly  to  be  made,  we  hind  ourfelves,  and  every  of  us, 
our  and  every  of  our  Heirs,  Executors,  or  Adminiftrators,  jointly  and  feverally,  by  thefe 
Prefents.     Sealed  with  our  Seals,  and  dated  this  Day  of 


THE  Condition  of  .his  Obligation  is  fuch,  that  whereas  the  above  bounden 
A.  B:  hath  obtained  a  Licence  to  keep  an  Ordinary  at  in  the 

County 


The  Conditi««, 


408  LAWS      of     NORTH-C  AROL  I  N  A. 


A.  D.    1768.   County  of  if  therefore  the  faid  J.  B.  doth  conftantly  find  and  provide 

*— ''v— — '  in  his  or  her  faid  Ordinary  good,  wholefome,  and  cleanly  Lodging  and  Diet  for 
Travellers,  and  Stabling,  Fodder,  Hay,  Corn,  Oats,  or  Pafturage,  as  the  Seafon 
Ihall  require,  for  their  Horfes,  lor  and  during  the  Term  of  One  Year,  or  to  the 
Court  of  faid  County  next  fucceeding,  between  the  Firft  Day  of  March  and  the 
Tenth  Day  of  June^  from  the  Day  of  and  ihall  not 

fuffer  or  permit  any  unlawful  Gaming  in  his  or  her  Houfe,  nor  on  the  Sabbath  Day 
fuffer  any  Perfon  to  tipple  or  drink  any  more  than  is  neceflary ;  then  this  Obli- 
gation to  be  void,  otherv/ife  to  remain  in  full  Force  and  Virtue.     In  Witnefs  whereof, 

Wh-ch,  m  Cafe  And  in  Cafe  of  the  Breach  of,   or  not  complying  with  the  Condition  of  the  faid 

be  fllif''  ""'^  Hond,  it  ihall  and  may  be  lawful  for  any  Perlon,  m  the  Name  of  the  Governor,  or 

Commander  in  Chief  for  the  Time  being,    to  fue  for,  and  recover  the  Penalty  of 

the  faid  Bond  •,    and  apply  one  Half  thereof  to  his  own  Ufe,  and  the  other  Half  to 

the  Ufe  of  the  PariQi  wherein  the  Cauie  of  Adion  Ihall  arife. 

Clerk  to  g-Tc  cut       III.     JND  he  it  further  Enacted^   by  the  Authority  afore/aid^    That  when  fucK 

'''"'""'■■  Order   ^^^"^  ^"lair  have  been  given  and  lodged  in  the  Clerk's  Office,  the  Clerk  of  fuch 

of  thc'c'^lerrion   Court  fhall  prepare  a  Licence  for  the  Perfon  to  whom  ordered ;  which  Licence  fhall 

by  the  Clerk  be  counterfigned,  and  direded  by  a  Perfon  to  be  thereto  commiffioned 

and  appoiitted  by  the  Governor,  or  Commander  in  Chief  for  the  Time  being. 

IV.     PROVIDED  alivaySt   That  if  the  Governor,    or  Commander  in  Chiefj 

x'T  'govU't   Ihall  fail  or  negled  to  appomt  a  Perfon  lor  that  Purpole,  that  then  the  firft  Juftice 

ncii.as.  -^^  j.j^g  Commiliion  of  the  Peace  for  that  County,  is  hereby  impowered,  authorized, 

and  required,  to  counterfign  and  diredt  the  fame  -,    which  Licence  Ihall  continue  in 

Force  One  Year,   or  to  the  next  Inferior  Court  to  be  held  in  faid  County  between 

,    the  Firft  Day  of  March  and  the  Tenth  Day  of  "June  •,    for  which  Twenty  Shillings 

ckirL-i  jfee.        ftiall  bc  paid  to  the  Governor,  or  Commander  m  Chief  for  the  Time  being  •,    and 

the  Clerk  (hall  receive  to  his  own  Ufe,  for  the  Licence,  Order  of  Court,  and  Bond^ 

Five  Shillings. 

Pen  for  Weeping  V.  AND  be  it  further  EnaHed,  by  the  Authority  afcrefaid.  That  no  Perfon  (hall 
Tppi.ns  H.uia..  pj-gi^f^g  j-q  ^.^ep  a  Tippling  lioule,  or  retail  Liquors,  or  fell  by  Retail,  any  Wine, 
Ale,  Beer,  Cyder,  Brandy,  Rum,  or  other  Spirits,  or  any  Mixture  of  luch  Liquors, 
in  any  Houfe,  Booth,  Arbour,  Stall,  or  other  Place  whatfoever,  without  Licence 
firft  had  and  obtained  as  aibrefaid,  in  fmaller  Quantities  than  by  this  Aft  permitted 
and  direfted ;  under  the  Penalty  of  forfeiting,  for  each  and  every  Offence,  Ten 
Pounds,  Proclamation  Money. 

Provifofr  Mer-  VI.  PROVIDED  oltioays^  That  nothing  herein  contained  Ihall  be  conftrued, 
Mtrchan  s.  deemed,  or  taken,  to  prohibit  or  reftrain  any  Merchant,  or  other  Perfon,  to  fell  by 
Retail,  Wine,  Brandy,  Rum,  or  other  Spirits,  in  any  Qiiantity  not  lefs  than  a 
Quart,  or  Ale,  Beer,  or  Cyder,  in  any  Quantity  not  lefs  than  a  Gallon,  if  none  of 
the  faid  Liquors  are  allowed  to  be  tippled  or  drank  out  at  the  Houfe,  Store,  or 
Plantation,  where  the  fame  are  fold. 

"en.  fr  f.mng       VII.     A  N  D  be  it  further  EnaSfed,    by  the  Authority  af ore  faid.    That  all  PerfoftS 
bv  unfeaisd  Mea-    j^^^eafter  retailing  Liquors,  (hall  fell  the  fame  by  lealed  Meafures,  according  to  the 
Direftions  of  an  Aft  of  AiTembly,  intituled,  An  A£i  for  regulating  IVeights  and  Mea- 
fures ;  and  any  Perfon  felling  or  retailing  by  any  other  Meafures,  (hall  for  every  Of- 
fence forfeit  and  pay  Ten  Pounds,  Proclamation  Money. 

Pr-v^fo,  to  f.ii        VIII.     PRO  VI D  E  D  always.  That  it  (hall  and  may  be  lawful  for  any  Ordinary 
in  B.uies,  fcc.     j^e^p^r^  licenced  agreeable  to  the  Direftions  of  this  Aft,  to  fell  Liquors  in  Bottles, 

Bowls,  or  Muo;s,  fo  as  they  charge  for  no  more  than  the  Qiiantity  of  Liquor  the 

faid  VefTel  (liall  contain. 

A  IX.  AND 


L  A  iV  S    of    Nokth-Carolina. 


409 


IX. 


1'i.n  for  fufFcring 
D:unkennt(s  on 
ihe  Sabbath,  or 
felling  Liquor  ro 
Sjilcir!,  beivants, 
ut  i^laves. 


^.^.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Or-  A.  D.  1768. 
dinary  Keeper  fhall  fell  to  any  Perlbn  in  his  or  her  Houle  immoderate  Quantities  of 
ftrong  L'.qu  jrs,  whereby  iuch  Ferfon  may  be  intoxicated,  on  the  Suboath  Day  j 
or  encercai.i  Servants  or  Slaves,  againit  the  Will  of  their  Malter  or  Miftrefs ;  or 
common  Sailors,  againll  the  Direction  of  the  Captain  or  Malter  of  the  Vcflcl  to 
which  they  belong-,  every  Ordinary  Keeper  lo  ohcnding  Ihall  and  may,  by  Order 
ot  Two  Jutlices  before  whom  (uch  Oifence  Ihall  be  proved,  be  from  thenceforth 
fufpended,  and  as  entirely  difabled  irom  keeping  an  Ordinarj^  3s  '\i  lienor  Ihc  had 
never  obtained  a  Licence  for  that  Purpofe.  ,?,-,   .  yor-r 

X.     P ROVI D  ED  7ievsrthelefs,  That  fuch  Ordinary  Keeper  may  be  heard  by    Frov;f>.  forOr. 
the  JuiVices  at  the   next  Court,   or  any  fucceeding  Interior  Court  of  the  County    ^  n=/>^K.etpers  w 
wherein   the  Licence  was  granted ;    wlio,    if  they  think  proper,    may  reltore  fuch 
Ordinary  Keeper,   by  granting  him  a  new  Licence. 


P?n.  for  felling 
L'.qii  T  after  Sul- 
peiili  jn« 


Cniiifs  to  rat* 
L  (juors,  &  Ratti 
ti.  I)e  kept  up  ini 
Taverns, 


Clerks 
Kates. 


Fee    fof 


XI.  AND  be  it  further  Ena5led^  by  the  Authority  aforefaid.  That  if  any  Perfon 
#hich,  after  being  iufpended  and  dilabied  Irom  keeping  an  Ordinary,  according  to 
the  Direflions  of  th's  Adt,  fhall  lell  or  retail  Liquors,  until  he  or  Ihe  Ihall  obcain 
anotner  Licence  tor  fuch  Furpole,  fliall  be  liable  to  the  tame  i''enalties  as  if  a  Li- 
cence had  never  been  granted  to  him  or  her. 

XII.  AND  belt  further  Enabled,  by  the  Authority  aforefaid.  That  the  Juflices 
of  each  County  fhall,  at  the  Court  to  be  held  ior  each  rclpettivc  County,  between 
the  Firft  Day  of  March  and  the  Tenth  Day  of  June,  annually  (at  which  Coun  all 
Ordinary  Licences  are  hereby  diredled  and  required  to  be  renewed,  if  intended  to 
be  renewed  or  continued)  Ihall  let  the  Rates  and  Prices  to  be  paid  at  Ordinaries  for 
Liquors,  Diet,  Lodging,  Corn,  Oats,  Provender,  Stciblage,  Fodder,  and  Pallurage, 
Under  the  Penalty  ot  lorleiting  Five  Ps>unds  for  each  Neglcdt ;  and  every  Ordinary 
Keeper  fhall,  within  One  Month  after  the  Rates  fliall  be  fet  by  the  County  Court 
where  his  or  her  Licence  fhall  be  granted,  obtain  of  the  Clerk  a  true  and  fair  Copy 
of  iuch  Rates,  ior  which  ihe  Clerks  may  take  Two  Shillings  and  Six  Pence,  Pro- 
clamation Money,  and  no  more;  which  Copy  fhall  be  oprnly  fet  up  in  fome  con- 
venient Place  in  the  common  entertaining  Room  of  fuch  Ordinary,  and  there  kept 
till  the  Rates  are  again  let  by  the  L  ourt,  and  then  another  Copy  thereof  fhall  be 
again  fo  obtained,  and  kept  irom  Time  to  Time,  under  the  Penalty  of  forfeiting 
for  each  Negiecl,  in  obtaining  and  keeping  \ct  up  fuch  Cx)py,  Five  Pounds,  Pro- 
clamation Money. 

XIII.  AND  be  it  further  Enacted,  by  the  Authority  cforefaid.  That  every  Or-  p^"-  f-"-  f="'"R 
dinary  Keeper  who  lliall  charge,  aflc,  or  desnand,  a  greater  Price  for  any  Drink, 
Diet,  Lodging,  Fodder,  Provender,  Corn,  Oats,  or  Pafturage,  than  rated  by  the 
Judices,  according  to  the  Direftions  of  this  Aft,  fhall,  for  every  Offence,  forfeit 
Ten  Shillings  j  to  be  recovered  by  the  Informer,  to  his  own  Ule,  by  a  Warrant 
from  a  Jufticc  of  the  Peace  of  the  County  v/here  fuch  Offence  fhall  be  committed. 

XIV.  AND  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  no  Ordinary    ^'"t  '"  f^"  Li- 
Keeper  fhall   fell   or  credit  Liquors  to  any  common  Sailor,    without  Leave  of  the    n"r"to'ary'ot'htr 
Malter  of  the  Ship  or  other  VeiTel  to  which  he  belong^%  under  the  Penalty  of  lofing    ''•=''^""-'"  ^^"^^^'"- 
tht  Money  which  othcrwi'e  he  or  fhe  might  recover  for  the  Liquors  fo  fold  on  Credit 
to  fuch  Sailor-,    nor  fell  Drink  upon  Credit  to  any  other  Pcribn  to  a  greater  Sum 
than  Five  Pounds,  unlefs  fuch  Perfon  fhall  fign  a  Book  in  Acknowledgment  of  the 

fiid  Drbr,  under  the  Penalty  of  lofing  the  Money  for  the  whole  of  the  Liquor  fo 
credited  •,  and  in  :'.n  Action  broufuht  for  the  Recovery  of  fuch  Debt,  the  general 
Iffue  may  be  pleaded,  and  this  Act  gif  en  in  Evidence. 

XV.  AN  D  be  it  furthsr  Emcted,  by  the  Authority  aforefaid.  That  from  ind  after  ^"""y  ^"i:"' " 
the  patTing  this  Ait,  all  Keepers  ot  Public  Ferries  or  Bridges  within  this  Province,  tamn^.itfuiru- 
where  'the  Ferriage  or  Bridge  Toll  is  above  Four  Pence,  Proclamation  Money,  for    "■"'■■'•• 


for     more     tlian 
the  Rates  allow. 


l^crfun  on  Crfdit, 
lor  abuve  5  U 


4IO 


L  A  fV  S    of    North-Carolina. 


A.  D  1768.  a  Man  and  Horfe,  fhall  be  obliged  to  furnifh  all  Travellers  with  Entertainment  at 
Tavern  Rates,  and  Ihall  take  out  Licence  for  that  PurpoJc ;  and  it  any  Kteper  of 
any  fuch  Public  Ferry  or  Bridge  fhall  refufe  or  neglett  to  furnifh  fuch  Entertain- 
ment, or  to  take  out  fuch  Licence,  fuch  Ferry  or  Bridge  Keeper  fhall  forfeit  and 
pay  for  each  Offence  the  Sum  of  Tea  Pounds,  Proclamation  Money,  to  any  Perfon 
who  fhall  fue  for  the  fame. 


Ordinarj  Keep- 
era  to  fet  up 
Signs  at  their 
HouIls, 


XVL  AND  to  the  End  that  Ordinaries,  or  Houfes  of  Public  Entertainment, 
may  be  the  more  readily  and  generally  known  by  Travellers  and  others ;  Be  it  there- 
fore further  Enabled,  by  the  Authority  aforefaidy  1  hat  every  Perfon  ^vho  fliall  cbtain 
a  Licence  agreeable  to  the  Direftions  of  this  A6t,  from  and  after  the  Firft  Day  of 
March  next,  fhall,  within  One  Month  after  obtaining  Licence  as  aforefaid,  fet  up^ 
or  eaufe  to  be  fet  up  in  Public  View,  at  his  Dwelling-Houfe,  or  the  Houfe  where 
fuch  Ordinary  fhall  be  kept,  a  Sign,  with  an  Infcription  thereon,  denoting  the  fame 
to  be  an  Ordinary,  or  Houfe  of  Public  Entertainment,  under  the  Penalty  of  forfeit- 
itig  Forty  Shillings,  Proclamation  Money,  for  every  Month  the  faid  Ordinar) ,  or 
Houfe  of  Entertainment,  fhall  be  kept,  without  having  a  Public  Sign  fet  up  as 
aforefaid. 


Penalties  and 

Forfeitures  hnw 

recovered,  and 
•ppiied'. 


RepealingClaufe, 


XVII.  AND  he  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  all  the  Penal- 
ties and  Forfeitures  in  this  A61,  the  Method  of  recovering  and  applving  whereof  are 
not  particularly  direfted,  fhall  be  one  Half  to  the  Governor,  or  Ccrrmander  in  Chief 
for  the  Time  being,  the  other  Half  to  him  or  them  who  fhall  lue  for  the  fame ;  to 
be  recovered  with  Cofts,  before  any  Jurifdidtion  having  Cognizance  thereof. 


XVIII.  A  N  B  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  all  and  every 
Adi  and  A£ts,  and  every  Claufe  and  Article  thereof  heretoiore  made,  fo  far  as  re- 
lates to  regulating  Ordinaries  and  Reftraint  of  Tippling  Houfes,  or  to  any  other 
Matter  or  Thing  whatfoever,  within  the  Purview  of  this  Aft,  is,  and  are  hereby 
repealed  and  made  void,  to  all  Intents  and  Purpofes  whatfoever. 


Preamble.    | 


Exportation  of 
Trafh  Tobacco 
prevented. 


No  Tobacco  to 
be  fhipped  before 
infpefted. 


CHAP.     IX. 

An  Act  for  regulating  the  InfpeSfion  of  Tobacco,  and  preventing  Frauds  in  his  Majeffs 

Cuftoms. 

I.  TT  7  HE  RE  AS  the  Laws  heretofore  in  Force,  refpefting  the  Infpeftion  of 
y  Y     Tobacco  in  this  Province,  have  been  found  inefledual  to  anfwtr  the  Pur- 
pofes thereby  intended ; 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council^  and  Affemhiy,  and  by  the 
Authority  of  the  fame.  That  for  the  more  effedual  preventing  the  Fxpcrtation  of 
trafh,  unfound,  and  unmerchantable  Tobacco,  all  Tobaccoes,  which  from  and  after 
the  pafTing  of  this  A61:  fnall  be  exported  out  of  this  Province  by  Sea,  fhall  be  firfl 
brought  to  fome  one  of  the  Public  Warehoufes  herein  after  mentioned,  and  fhall  be 
viewed  and  infpedled  in  Manner  as  herein  after  exprefTtd. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Perfon  fliall 
put  on  Board,  or  receive  into  any  Ship,  Sloop,  Boat,  or  Pettiauger,  or  other  VelTel, 
in  order  to  be  exported  therein,  any  Tobacco  not  packed  in  Hogfheads  or  d  fks, 
upon  any  Pretence  whatfoever,  nor  in  any  Flogfhead  or  C?.fk,  to  be  in  any  Ship, 
Sloop,  or  other  VefTel,  exported  out  of  this  Province  by  Sea,  before  the  fame  fhall 
have  been  viewed  and  infpeded  according  to  the  Directions  of  this  Ad ;  but  that 
all  Tobacco  whatfoever  to  be  received  or  ta\en  on  Board  any  Ship,  Sloop,  or  other 
VefTel,  and  to  be  therein  exported,  or  carried  and  put  on  Board  any  other  Ship, 
Sloop,  or  other  VefTel,  for  Exportation  as  aforefaid,  fhall  be  received  or  taken  on 
Board  at  the  feveral  Warehoufes  for  that  Purpofe  herein  after  mentioned,  or  at  fome 
one  of  them,  and  at  no  other  Place  or  Places  whatfoever :  And  every  Mafter,  Mate, 

or 


Lyf/if'5'o/     North-Carolina.  411 


or  Boatfwain,  who  fhall  arrive  in  this  Province  in  order  to  lade  Tobacco,  durino-    ^.  D.    1768. 

-the  Continuance  of  this  A£t,  (hall,  before  the  faid  Ship  or  Veffcl  be  permitted  to     '^"'^ 

take  on  Board  any  Tobacco  whatfoever,  make  Oath   before  the  Colleftor  of  the    !l^is''"n,'''^nrike 
-Cuftoms  of  the  Diftrift  wherein  fuch  Ship  or  VcfTel  fhall   arrive  (v/hich  Oath  the   "!"''""'  '"  "- 
faiJ  Olficer  is  hereby  impowered  and  required  to  adminifter)  that  they  will  not    w^Vb^uTbdni'S 
permit  any  Tobacco  whatioever  to  be  taken  on  Board  their  refpedive  Ships  or  Vef-   fp-^-"^- 
fels,  except  the  fame  be  packed  in  Hogfheads  or  Cafks,  (lamped  by  fome  Infpedor 
legally  thereto  appointed,  which  Oath  they  ihall  fubicribe  in  a  Book  to  be  kept  by 
the  Collector  of  the  Cuftoms  for  that  Purpofe;    and  if  any  Mafter  fhall  caufe  any 
Perfon  who  is  not  really  and  torn  fide  Mare  or  Boatfwain,  to  come  on  Shore  and 
take  fuch  Oath,    he  fliiill,  for  the  fiid  Ofltnce,  forfeit  and  pay  Twenty  Pounds  : 
And  if  any  Mafter  or  Commander  of  any  Siiip  or  Veflel  fhail  take  on  Board,  or   n^n   for  recnr. 
faffcr  to  be  taken  on  Board,  the  Ship  or  Veflel  whereof  he  is  Mailer  or  Commander,    '""■«  ^"^ ""  ^oaTa 
any  Tobacco  brought  from  any  other  Place  than  fome  or  one  of  the  Public  Ware-    Jui,iic*^''"'warc- 
houfcs  herein  after  mentioned,  or  any  Hogllieads  or  Cafl<s  of  Tobacco  not  ftamped    '^  "'^• 
by  foaie  lawful  Inl'pedtor,  or  fliall  luiTcr  to  be  brought  on  Board  any  Tobacco,  ex- 
cept in  Hogllieads  or  Cafks,  itamped  as  aforefaid  ;  every  fuch  Mafter  or  Commander 
fhall  forfeit  and  pay  Twenty  Pounds,  Proclamation  Money,  for  every  Hoo^fhead  or 
Caflc  of  Tobacco  which  lliaH  not  have  been   brought  from  one  of  the  faid  Public 
Warehoufes,  or  friiU  not  be  ilamped  as  aforefaid  ;  and  moreover,  every  fuch  Mogf- 
head  or  Caflc  oi  Tobacco  fhall  be  forfeited, 

IV.  AND  forafmuch  as  the  permitting  Tobacco  in  Bulk  or  Parcels  to  be  ciand-mne  rnr,- 
Water  born,  on  Pretence  of  bemg  carried  to  Warehoufes  eftablifhed  by  this  Aft,  nn? Toi-arco  on 
may  give  great  Opportunity  to  the  clanJeftine  running  the  fame  on  Board  Ships  or   vcnwd."^'' "'*' 


faid  Warehoules,  in  his  Sloop,  Boat,  or  other  Veflel,  tor  Hire,  fhall  prefume  to 
take  on  Board  any  Tobacco  whatioever  in  Bulk  or  Parcels,  fuch  Tobacco  fliall  not 
only  be  forfeited,  and  may  be  feized  by  any  Peribn  or  Perfons  whatfoever,  but  the 
Maflier  or  Skipper  oflencling  herein,  Ihail  forfeit  and  pay  Twenty  Shillings  for  every 
Hundred  Pounds  Weight  of  fuch  Tobacco,  and  fo  in  Proportion  for  a  crreater  or 
•lerTer  Quantity  ;  and  the  Mafter  or  Commander  of  any  Ship  or  Veflel,  wherein  any 
Tobacco  in  Bulk  or  Parcels  fhall  be  found,  Ihall,  over  and  above  the  Forfeiture 
thereof,  be  fubjccl  and  liable  to  the  fame  Penalty;  to  be  recovered,  if  it  does  not 
exceed  Forty  Siiillings,  before  any  Jufdce  of  the  Peace  of  any  County  near  the 
Place  where  iuch  Veffcl  fliall  lie-,  and  if  it  exceeds  Forty  Shillings,  in  any  Court 
of  R-iCord,  by  Aftion  of  Debt,  wherein  the  Plaintiff  fliall  recoverliis  Coflrs  :  And 
if  any  fuch  VclTel  be  under  the  Care  or  Management  of  a  Servant  who  cannot  fatisfy 
and  pay  the  faid  Penalty,  then  fuch  Servant  (hall,  upon  Conviction  thereof  made 
before  dny  J  ufl:ice  of  the  Peace,  have  and  receive,  by  Order  of  fuch  Juftice,  Thirty 
Nine  Lathes,  well  laid  on  -,  and  if  any  Servant  fliall  be  again  trufted  with  the  Care 
■and  Management  of  any  Sioop,  Boat,  or  other  Veflel,  and  fliall  be  convifted  a 
fecond  Time  of  taking  or  rec-iving  on  Board  the  fame,  any  Tobacco  in  Bulk  or 
Parcels,  contrary  to  the  Diredions  of  this  Aft,  the  Owner  of  fuch  Servant  fliall 
forfeit  and  pay  the  like  Sum  of  Twenty  Shillings  for  every  Hundred  Pounds  Weigh: 
of  fuch  Tobacco-,  and  fhall  alio  forfeit  and  pay  Five  Shillings  for  every  Day  flich 
■Servant  fliall  thereafter  be  employed  as  Skipper  of  any  Sloop,  Boat,  or  other  VefTci 
"^o  him  belonging;  to  be  recovered  and  applied  as  aforefaid. 

V.  PROVl DE  D  okv-^yx.  That  nothing  herein  before  contained  fhall  be  con-  P;ov;f.,  tc-^rT 
^{Iraed  to  prohibit  any  Pe-rlon  from  carrying,  or  coufing  to  be  cariied  to  the  faid  'bc'J^rrs''V°^''Vy-" 
Warehoufes,  inany  Boat  or  other  Veflel,  Tobacco  in  Bulk  or  Parcels,  for  the  Pay-    mtnt  of  rax«. 

5»tient  of  his  or  her  Taxes,  Dues,  or  Duties. 

VI.  iiND  be.  it  further  Enacted^  by  the  Anthcrity  aforefaid.  That  every  Mafter 
^f  a  Ship  or  WfLl  v.'herein  Tobacco  fhall  be  laden   to  be  exported,  fliall,  at  the 

F  f  f  2  Time 


412  LAWS    of    North-Carolina. 

A.  D.   1768.   Time  of  clearing,  deliver  to  the  Colledlor  Two  fair  Manifefts  of  all  the  Tobacco 

*"--— ^^^"--^     on  Board  the  faid  Ship  or  Veflel,  exprefling  the  Marks  and  Numbers  of  every  Hogf- 

,„'  deliver    ti.e   head,  and  the  Tare  and  Nett  Weight  ftampcd  thereon,  the  Perfcn  by  whom  fbipped, 

M'"'if!(i?of'.hei!r   ^"'^  iram  what  Warehoui'e,  and  lliall  make  Oath  thereto,  and  that  the  famie  is  a  juft 

T.'b'acco    bcf.re   and   truc  Account  of  the  Marks,  Numbers,  Tare  and  Nett  Weight,  of  each  \i\- 

liiey  art  eieared.    pg^jyg  Hogfhcad,  as  the  fame  was  taken  down  by  the  Perfon  or  Perlons  appointed 

by  him  to  take  the  fame,  before  the  faid  Tobacco  was  flowed  away  ;  and  no  Ship 

or  Vcflfel  (hall  be  cleared  by  the  Coiie<5lor,  before  he  fhall  have  received  fuch  Lifts 

or  Manifefts;  one  of  which  faid  Manifefts  ftiall  by  the  faid  Colleftor  be  annexed  to 

fuch  Mafter's  Certificate  or  Clearance,  to  the  End  the  fame  may  be  delivered  to  the 

Chief  Officer  of  the  Cufloms  in  fuch  Port  or  Place  where  the  faid  VefTel  fhall  unlade  ; 

and  the  other  of  the  faid  Manifefls  fliall,  by  the  faid  Collector,  be   tranfmitted   to 

the  faid  Chief  Olhcer  of  the  Cuftoms  by  the  next  convenient  Opportunity. 

p  n.  fr  putting       VII.     A  N D  be  it  furthcr  EtiaSfcd,  That  if  the  Skipper  of  any  Sloop,  Boat,  Pet- 
f,'ca!d'Tob"cco.   tiauger,  or  other  Veffel,  or  other  Perfon  or  Perlons  to  whom  the  Care  and  Manage- 
ment thereof  fhall  be  intrufted,  fliall  put  on  Board  any  Ship  or  other  VeflH,  to  be 
exported  as  herein  before  mentioned,  any  Plogfhead,  Ciifl<,  or  Package  of  Tobacco, 
put  on  Board  the  fame  to  be  carried  to  any  Public  Warehoufe  by  this  hdi  appointed 
tor  the  Reception  and  Inipcttion  of  Tobacco,  lo  as  the  fame  be  not  delivered  at  fomc 
Or  optning  jny   onc  of  the  PubHc  Watchoufes,  without  Fraud  or  Imbezzknicnt  -,  or  Ihall  open  any 
Hcjfhvid.  Hogfhead  of  Tobacco  before  the  fame  be  viewed   by  tlie  Jnfpcdors,    scccrding  to 

the  Diredlions  of  this  Ad-,  or  af^er  the  fame  has  been  viewed,  fliall  fraudulently 
open  any  Hogfhead  or  Cafls:,  and  take  thereout  any  Tobacco  •,  every  fuch  Offence 
fhall  be  adjudged  Felony,  and  the  Offender  or  Offenders  fhall  luffer  as  in  Cafes  of 
F'elony. 

Pinvifo,  for  To  VIII.  PR  0  VI D  E  D  nh'oys.  That  nothing  Iierein  contained  fliall  be  conftrued' 
orvInlu'nD'f-  to  prohibit  the  putting  on  Board  any  Ship  or  other  Sea  Veflel,  any  Hogfliead,  Cafl;, 
t":i».  or  Package  of  Tobacco,  out  of  any  Sloop,  Boat,  or  other  VefTcl,  which  by  Diflreis ' 

of  Weather  fhall  be  forced  aground,  or  become  leaky,  fo  as  fuch  putting  on  Board 
any  Sea  VefTel  fhall  be  reaJly  and  bona  Jide  for  the  Preiervation  of  the  Tobacco  laden 
in  fuch  Sloop,  Boat,  or  other  Vetfcl ;  and  that  the  fame  be,  with  all  convenient 
Speed,  carried  thereafter  to  the  Warthoufcs  to  which  it  was  defigned,  without  Ini- 
bczzlcnient. 

PnTPPdirg,  v,iti.  IX.  PR  0  FID  E  D  tri'o.  That  if  by  the  Accident  aforefaid,  or  the  Nedigencc 
in  ciiiyng  oi,  ot  thc  MaftcT  or  Skipper  of  any  VefTel,  any  Tobacco  which  hath  been  viewed  and 
hbaidai.)  v.n.-i  (l^aniped  fhall,  in  its  Carriage  to  the  Shjp  in  which  it  is  intended  to  be  exported,  re- 
ceive fb  much  Damage  as  that  the  Mafter  of  fuch  Ship  will  not  receive  it  on  Board, 
every  Hogfliead  or  Cafl<  of  Tobacco  lb  damnified  fliall,  with  all  convenient  Speed, 
be  carried  to  fbme  Warehoufe  appointed  by  this  A61:,  and  there  lodged  until  the 
Owner  of  the  laid  Tobacco,  or  Mafter  of  the  VefTel  in  which  it  was  damaged, 
fnall  have  feparatcd  the  lame,  and  repacked  the  good  Tobacco,  and  then  the  fame 
fliall  be  Weighed  and  ftamped  with  the  Weight  by  the  Infpedors  attending  fuch 
Warehoufe,  without  Fee  or  Rtv/ard  ;  hut  if  the  Owner  of  fuch 'J  obacco,  or  M-;fler 
of  the  VefTel  in  which  it  was,  fail  or  delay  to  feparate  and  repack  the  fame  within 
Ten  Days,  then  the  Infpedtors  at  the  Warehoule  where  fuch  damaged  Tobacccrfliall 
be  landed,  fliall,  and  they  are  hereby  requiree!  and  enjoined,  to  feparate,  repack, 
ftamp,  and  weigh  the  fan  e  •,  and  fuch  Infpcdfors  fhall  have  and  receive  of  the  Owner 
of  fuch  Tobacco,  Five  Shillings  for  each  Hogfliead  or  Caflc  of  Tobacco,  to  be  paid- 
by  fuch  Owner,  before  the  faid  Tobacco  fhall  be  delivered  out  for  Exportation. 

ToSsfCflto'fi.         X.     AND  he  it  further-  Enacted:,    by  the  Authority  aforefaid.   That  all  Tobacco 

irrr,"'tn  L  ap-   which  fliall  bc  brought  to  any  of  the  Public  Warehouies  herein  after  mentioned,  fhall 

Y^-.nxiA  hj  rhe   bc  viewcd  and  infpet'lcd  by  Two  Perlons  to  be  thereto  appointed  in  Mr-nner  following, 

■'an  y    '      •     jjj^j  J5  ^^  j^y  .     pj^^.  Courts  of  the  feveral  Counties  within  this  Provincc%  wherein 

any  of  the  Public  Warehouies  ;ippointcd  by  this  Ad  are  eftablifhed,  fliall  and  ir^ay, 

and 


A  H^  S     oj     N  o  K  T  H  -  C  a  x  o  L  J  w  a.  412 


and  they  are  hereby  required,  once  in  every  Year,  between  the  Firfl:  Ddij  oi  March    ^-  i>-   1768. 

and    the  lall  Day  of  .du^uji,    yearly,    to  nominate  and  appoint,    for  each  of  the 

Public  Warehouies  within  their  Counties,  Two  fit  and  able  Officers  of  Infpeftion, 

reputed  to  be  flviiful  in  Tobacco,  for  the  Office  of  Infpedors ;  which  Nomination 

and  Appointment  the  faid  Courts  lliall  caufe  to  be  entered  upon  Record,  which  fliall 

be  a  iulricient  /Appointment  of  fuch  Officers  ;  and  alfo  in  Cafe  of  tlie  Death,  Reug- 

nation,  or  Removal  of  any  Infpedor,  the  faid  Court  fliall  and  may  noHiinate  and 

appoint  another  to  (ucceed  him,  until  the  next  Nominatoin  ot  Infpedors. 

XI.  AND  be  //  further  Ena^ed,  That  if  any  Infpedor  fliall  hereafter  accept,  P'-n  on  rnfpec- 
receive,   or  take,   diredly  or  indiredly,   any  Fee,  Gratuity,  Service,    or  Reward  B,i!,e*r!"^.i,ing 
whatfoever,    of  any  Ferion  for  refigning  or  giving  up  his  Office  of  Infpedor,    he  up  th^'f  office. 
Ihall  not  orily  be  diiabled  for  ever  i'rom  holding  the  like  Office,  but  for  fuch  Offence 

fliall  foiicit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money;  to  be  reco- 
vered by  At;tion  of  Debt,  in  any  Court  where  the  fame  is  cognizable:  And  every 
Perfon  ofiliing  and  paying,  diredly  or  indiredly,  any  Fee,  Service,  Gratuity,  or 
Reward  what;oever,  to  any  Infpector,  to  refign  liis  Office,  fliall,  for  the  faid  Oflfence, 
be  for  ever  difabled  from  holding  the  Office  of  Infpector  within  this  Province. 

XII.  PROVID  ED  always.  That  no  Jufl:ice  of  the  Peace,  being  Infpector,    n.  ji^ice  b^nj 
or  recommended  to  be  luch,  fhall  be  allowed  to  vote  in  the  Nomination  and  Ap-    J^'^''.'*^* 
pointment  01  Perfons  to  be  Inlpcctors  as  alorefaid. 


CilvnCC 
tur  Iiiipeitocc. 


XIII.  PROVID  ED  alfoy  That  every  Perfon  appointed,  or  to  be  appointed    infpeaors to gWt 
an  Infpector,  by  Virtue  of  this  Act,  fhall,  before  he  enters  upon  the  Execution  of  '^'"^• 

his  faid  Office,  inter  into  Bond,  with  good  Security,  in  the  Penalty  of  Five  Hundred 
Pounds,  Proclamation  Money,  payable  to  his  Majcfly,  his  Heirs  and  Succeffors, 
with  Condition  for  the  true  and  faithful  Performance  of  his  Duty,  accordinc^  to  the 
Directions  of  this  Act;  and  fliall  alfo  have  the  following  Oath  adminiftercd  to  him, 
io  wit, 

'O  U  JJjall  fwenr,  That  you  will  diligently  and  carefully  view  and  examine  all  Tobacco  AnJ  take  th>» 
brought  to  any  Public  War ehouje,  uhereof  you  are  appointed  to  be  Inf-petlcr,  and  ^'^^"' 
all  other  Tobacco  ijchich  you  fliall  be  calied  upon  to  vieiv  andinfped;  and  that  not  feparate 
and  apart  from  your  Fellow,  but  in  his  Prejcnce ;  and  that  you  will  not  receive  any  Tobacco 
that  is  not  in  your  Judgment  found,  well  conditioned,  merchantable,  and  clear  of  TrafJj ; 
nor  receive,  pafs,  or  ft  amp,  any  Tobacco  liogfkead,  or  Cafi  of  Tobacco,  prohibited  by  an 
Abl  of  /Iffembly,  intituled.  An  Act  for  regulating  the  InJpection  of  Tobacco,  and 
preventing  Frauds  in  his  Majcfiy's  Cufloms ;  and  that  you  id II  not  change,  alter,  or 
give  out  any  Tobacco,  other  than  fuch  Ilogfnead  or  Cajk  for  which  the  Receipt  io  be  taken 
in  was  given  ;  but  that  you  will  in  all  Things  well  and  faithfully  difcharg^  your  Duty  in  the 
Office  of  an  Infpecicr,  according^  io  the  Diretlions  of  the  faid  Act,  without  Fear,  Favour, 
.iffiebiion,  MalUe,  or  Partiidiiy. 

SO  HELP  YOU  GOD. 

Which  Oath  fball  and  may  be  adminifliered  before  the  Inferior  Court  of  the  County    Pea.  f.  r  aau; 
wherein  luch  Inlpector  fhall  refi.le  f  And  if  any  Perfon  fhall  preiume  to  execute  the    without. 
Office  of  Infpector  before  he  ffjall  have  given  fuch  Bond,  and  taken  fuch  Oath  as 
aforciaid,  he  ihall  forfeit  and  pay  Fifty  Founds,   Proclamation  Money. 

XIV.  AND  be  it  further  EnaHed,  That  all  Infpcctors  to  be  appointed  in  Virtue    whm  to  »"nd 
■of  this  Act,  fliall  coiiltaiuiy  attn-d  tlicir  Duty  :u  the  Vv^irehoufe  under  thtir  Charge,    '''■  w»rciK.ufcs. 
•from  the  Tenth  Diy  of  Otiobtr  to  the  Tenth  Day  of  7«/y,  yearly,  unlefs  otherwife 

directed  by  the  Inferior  Court  of  the  County  ;    and  at  other  Times  they,  or  one  of 
them,  fliall  attend  to  delivtr  out  Tobacco  for  Exportation  till  all  the  i'obacco  re- 
maining there  on  the  faid  Tench  Day  o^  July  fhall  be  <ielivered  out;    and  every  In-  r   m  1  « 
fpector  neglecting  to  attend  as  aforelaid   (exccpfas  befoie  excepted)  fliall  forfeit  and      """  °^  "^^'' 
•■pay  to  the  Party  grieved  Five  Sliiilin^s  for  every  Negkct,  or  fhall  be  liable  to  ti-.e 

Action 


414 


L  A  IV  S    of    North-Carolina. 


Manner    of    in- 
fpefiing  and 
weuhing  Tobac, 


Prncetd       wber 

the 

(iif.igree 

brii'g    th 

Tdb.icco  to  be  in- 


Manner   of  ap- 
pointing  art   In- 


■jf'Diath. 


Cufc 


J.  D.  1768.  Aftion  xipon  the  Cafe  of  the  Party  grieved,  to  recover  fiKh  Damages  as  he  or  fhe 
(hall  have  thereby  fuftained,  together  with  his  or  her  full  Coils,  at  the  Eleftion  of 
fuch  Party :  And  all  Infpedors  Ihall  uncafe  and  break  every  Hogfhead  and  Cafk 
of  Tobacco  brought  to  them  to  be  infpedled  as  aforefaid  ;  and  if  they  fhall  agree 
that  the  Hime  is  good,  found,  and  well  conditioned,  merchantable,  and  clear  of 
Tradi,  then  fuch  Tobacco  fliall  be  weighed  in  Scales  with  Weights  of  the  lawful 
Standard  ;  and  the  Hogfhead  or  Cafk  fhaii  be  ftamped  and  marked,  in  the  Presence 
of  the  laid  Ini'pedors,  or  one  of  them,  with  the  Name  of  the  Warehouie,  and  alio 
the  Tare  of  the  Cafk,  and  the  Quantity  of  Nett  Tobacco  therein  containeti :  But  if 
'"(idf  ".'r  ^^^^  ^"^^^  ^^°  infpedtors  fhall  at  any  Time  difagree  concerning  the  Quality  of  any 
their'own  ToDucco  reccivcd  by  them,  they  ihall,  without  Delay,  call  from  the  ntareft  In- 
fpeilion  another  Inipedtor,  who  ihall  determine  the  Difference,  and  pafs  or  rtjt<5fc 
fuch  Tobacco :  And  where  any  Infpcftor  fhall  happen  to  be  fick,  cr  unable  to 
attend  his  Duty,  in  that  Cafe  it  fh.li  be  lawful  for  any  Inipeftor  at  any  other  Ware- 
houfe  to  view,  infpect,  and  pais  Tobacco  in  his  Room  :  And  when  any  Infpector 
fhall  bring  his  own  Tobacco  to  the  Warehouie  whereof  he  is  Infpector,  the  iame 
Ihall  not  be  pafTed  or  ilamped  until  it  be  fnft  examined,  and  found  qualified  and 
good  as  aforefaid,  by  the  other  Infpector  there  attending,  and  one  or  both  Infpcc- 
tors  irom  Ibme  other  Warehoufe,  as  the  Cale  may  require. 

XV.  AND  be  ii  further  Enacted,  by  the  Authority  aforehid.  That  it  ihall  and 
may  be  lawiul  for  any  Magiftrate  of  the  County  wherein  any  Perfon  appointed  to 
the  Office  of  Infpeftor  fliall  happen  to  die,  be  removed,  or  otherv.  ife  difabied  to  act 
in  the  laid  Office,  en  Application  made,  to  i0ue  a  Summons  to  any  Two  other 
Juftices  of  the  faid  County  ;  who,  together  with  himielf,  or  any  Two  of  them,. 
Ihall,  and  they  are  hereby  authorized  and'  required,  to  nominate  and  appoint  one 
other  Perlbn  to  ofliciate  as  Inl'pector,  in  the  Room  of  the  Infpector  lb  dead  or  dil- 
abled  as  alorefaid ;  which  faid  Infpector  ihall  be  under  the  like  Rules  and  Reilric- 
tions  as  other  Infpectors  appointed  by  the  Court ;  which  faid  Inipector  fhall  continue 
to  execute  the  faid  Office  until  the  Court  of  the  laid  County  fhall  make  further 
Appointment,  or  till  the  Diiabiiity  of  the  former  Infpector  be  removed,  as  the  Cale 
may  be. 

XVL     AND  be  it  further  EnaEled^  That  for  all  fuch  Tobacco  as  ihall  be  brought 
to  any  of  the  faid  Warehoules,  the  Infpectors  thereof,  after  having  inipected  and 
weighed  the  fame,  fhall  be  obliged  to  deliver  to  the  Perfon  bringing  the  fame,  as 
many  Promifory  Notes,  under  their  Hands,  as  fhall  be  required,  lor  the  full  Quan- 
tity of  Tobacco  received  by  them  \  in  v/hich  iliall  be  exprefled,  whether  the  I'obacco 
fo  received  be  fweet-fcented,  or  Oronoko,  ftemmed  or  leaf;    which  Notes  fliall  bear 
Date  the  Day  iuch  Tobacco  was  palled,   and  fliall  be,   and  are  hereby  declared  to 
be  current  in  Tobacco  Payments,  according  to  the  Species  expreficd  in  fuch  Notes, 
and  ihall  be  transferable  fre)m  one  to  another  in  all  I'uch  Payments,  and  fliall  be  paid 
by  the  Ini'pectors  who  iigned  the  fame,  upon  Demand  :    And  lor  every  Hogiliead 
of  Tobacco  brought  to  any  Public  Warehoufe  for  the  Difcharge  of  any  Public  of 
private  Debt,    in  good  Caik,  of  fuch  Dimenfions  as  herein  alter  exprefled,    there 
Ihall  be  allowed,  by  the  Infpector  thereof,  to  the  Perfon  bringing  the  fame,  Three' 
Shillings  and  Nine  Pence  for  each  Hogihead  ;  Snd  the  Infpectors  ihall  be,  nnd  they 
are  hereby  obliged,  to  make  every  Hogfhead  by  them  paid  away,  in  Difcharge  of 
any  Iuch  Notes  by  them  G;iven,  to  contain  One  Thoufand  Pounds  of  Nett  Tobacco^ 
ac  leaft  ;    and  ibr  every  fuch  He  gfhead  of  Tobacco  by  them  paid  away,  well  lined'' 
and  nailed,  fit  for  fliipping,  there  fliall  be  paid  by  the  Perfon  receiving  the  fime,. 
Five  ShiUings  for  infpecting,    and  Six  Pence  ibr  Nails;    which  lain  Six  Pence  the- 
faid  Infpectors  fliall  and  may  retain  in  their  own  Flands,  to  reimburfe  them  the  Ex- 
pence  oV  providing  Nails;  and  the  Perfon  demanding  or  receiving  Tobacco  in  Dif- 
charge of  Notes  as  aforefaid,  fliall  allow  the  Infpectors  Thirty  Pounds  of  Tobacco.' 
for  each  HogPnead  fo  received  for  the  Caflc  ;  and  Tv/o  Pounds  of  Tobacco  for  every;' 
Hundred  contained  in  fuch  Notes,  and  proportionably  for  a  greater  or  lefTer  Qiian- 
tity,  for  Shrinkage  and  Wafleage,  if  the  faid  Tobacco  be  paid  within  Two  Months' 

attep" 


jfnff eOoTS  to  i;iv« 
Sotss  for  I'obac. 
jjafftd. 


Cnrent    in  Tub. 
payments. 


Alli^wance       for 
Cafit. 


To  make  esch 
■wtieh  1000  lbs 
Nttt. 


j^Hiwancc  for 
Na,!r,  Cdlk,  and 
Sfuinkags. 


L  A  fV  S    of    North-Carolina. 


415 


after  the  Date  of  the  Note  given  for  the  fame ;  and  One  Pound  of  Tobacco  for  every  Hundred  for 
every  Month  the  fame  ihall  be  unpaid  after  the  faid  Allovvance,  fo  as  fuch  Allowance  do  not  exceed 
in  the  Whole  Six  Pounds  of  Tobacco  for  every  Hundred  :  And  if  any  Infpeftor  or  Inlpedtors,  by 
whom  any  fuch  Notes  ihali  be  figned,  fhall  refufe  or  delay  to  pay  and  fatisfy  the  fame  when  demanded, 
every  Infpedlor  fo  delaying  or  refufing,  fhall  forfeit  and  pay  to  the  Party  injured,  double  the  Value  of 
the  Tobacco  fo  delayed  or  refufed  to  be  paid ;  to  be  recovered  with  Colts,  in  the  Name  of  the  Party 
injured,  in  any  Court  within  this  Province,  wherein  the  ftme  is  cognizable,  if  the  Note  or  Notes  do 
exceed  Two  Hundred  Pounds  of  Tobacco  ;  and  if  the  faid  Notes  Ihall  not  exceed  Two  Hundred 
Pounds  of  Tobacco,  then  the  double  Value  as  aforefaid  may  be  recovered,  before  any  Juftice  of  the 
Peace  for  the  County  wherein  the  faid  Note  or  Notes  ought  to  have  been  paid  :  And  no  Infpeclor  or 
Infpeftors  fliall  receive,  pafs,  or  pay  away,  any  Hoglhead  or  Hogflieads  of  Tobacco  containing  leaf 
and  ftemmed  Tobacco  in  the  fame  Hogfhead. 

XVII.  JND  he  it  further  Enuaed,  by  the  Authority  aforefaid.  That  all  Tobacco  brought  to  any  of 
the  faid  Warehoufes  in  Hoglheads  or  Calks,  to  be  exported  as  aforefaid,  on  Account,  and  for  the  Ufe 
of  the  Owner  thereof,  after  the  fame  fhall  have  been  viewed,  pafTed,  weighed,  and  llaniped,  as  herein 
before  direcled,  the  faid  Infpedors  fhall  deliver  to  the  Owner  of  the  fame,  as  many  Receipts,  figned 
as  aforefaid,  as  fliall  be  required,  for  the  Number  of  Hogllieads  fo  brought  and  Itamped,  expreiiing 
whether  the  fame  be  fweet-fcenred  or  Oronoko,  llemm.ed  or  leaf  ;  and  there  Ihal!  be  paid  to  the  InTpecior 
or  Infpeftors  there  attending.  Three  Shilling'!,  for  infpeding  and  ftamping  the  fame  ;  and  the  Owners 
of  the  faid  Tobacco  (hall  pro\ide  Nails  for  the  nailing  thereof;  and  if  any  Infpector  cr  Infpedors  ihall 
alter,  change,  or  deliver  out  any  Hogfhead  or  Cafk.  of  Tobacco,  other  than  the  fame  for  which  the 
Receipt  to  be  taken  in  wai  given,  fuch  Infpeftor  ihall  not  only  forfeit  and  pay  the  double  Value  of 
fuch  Tobacco  fo  altered  and  changed,  but  he  or  they  fhall  moreover  forfeit  his  or  their  Bonds  rcfpec- 
tively  given  for  the  due  Execution  of  the  faid  Office  :  hwA  all  InfpeCtors  Ihall,  and  they  are  hereby 
obliged  and  required,  to  take  in  any  Receipts  by  them  given  for  Tobacco  ;  and  alter  having  weighed 
fuch  Tobacco,  to  give  transfer  Notes  for  the  fame,  with  an  Allowance  of  Three  Shillings  and  Nine 
Pence  for  the  Cafk. 

XVIII.  AND  he  it  further  EnaBed,  That  during  the  Continuance  of  this  Aft,  no  Tender  of  any 
Debt  or  Duty,  payable  in  Tobacco,  fhall  be  accounted  lawful,  unlefs  the  fame  be  tendered  in  Infpec- 
tors  Notes  or  Receipts ;  nor  fhall  any  crop  Notes  or  Receipts  of  an  older  Date  than  Eighteen  Months, 
be  a  lawful  Tender  in  any  Cafe  whatioever. 

XIX.  AND  for  the  rcftraining  the  undue  Praftice  of  mixing  Trafh  with  ftemmed  Tobacco,  and 
preventing  the  packing  of  Tobacco  in  unfizable  Calks;  Be  it  Enaded  and  Declared,  That  ail  fiemmed 
Tobacco  not  laid  llraight,  whether  the  fame  be  packed  loofc  cr  ih  Bundles,  fhall  be  accounted  un- 
lawful ;  and  that  no  Tobacco  packed  in  Hogfheads,  which  exceed  Four  Feet  in  the  Length  of  the 
Stave,  or  Thirty  Inches  acrofs  the  Head  within  the  Croze,  allowing  Two  Inches  at  the  prizing  Head, 
/hall  be  pafTcd  or  received  ;  but  the  Owner  of  fuch  Tobacco,  packed  in  Calks  of  greater  Dimenfions 
than  before  txpreffed,  fhall  be  obliged  to  repack  the  fame  into  iizable  Calks,  at  his  own  Colt  and 
Charges,  before  the  fame  be  received  and  itamped  by  the  faid  Ini'pedlors. 

XX.  AND  he  it  further  Enabled,  That  when  any  Tobacco  fhall  be  brought  to  any  Public  Ware- 
houfe,  and  rtfufcd  by  the  Infpeclors  there  officiating,  the  fame  Ihall  be  immediately  burnt  by  them, 
unlefs  the  Owner,  or  Perfon  bringing  the  lame,  delires  to  fart  and  feparate  it,  and  pick  out  fuch  as  is 
bad  ;  in  which  Cafe,  the  Infpedors  ihall  permit  the  fame  to  be  done  at  the  VVarehoufe,  without  Fee 
or  Reward  ;  but  fhall  not,  on  any  Pretence,  fuller  the  faid  Tobacco  to  be  removed  from  the  faid 
Warehoufe ;  and  the  Jnfpedtors  fliall  allow  one  Munih  for  picking  the  faid  Tobacco,  after  which  Time 
if  it  be  not  done,  it  fhall  be  lawful  fur  them  to  burn  the  whole  (except  the  lame  is  in  a  fweat,  or 
where  the  Ciicumftances  or  Accidents  of  Weather  prevent  the  handling  of  it)  in  which  Cafe,  the  In- 
fpectors  fhall  allow  fuch  further  Time  as  they  fnail  think  leafonable;  and  where  any  Tobacco  fhall 
be  fo  feparated  and  picked,  the  trafh  Tobacco  fliall  be  burned  by  the  Infpedtors  the  fame  Day  it  is 
picked  out,  under  Penalty  of  forJeidng  Five  Shillings  for  every  Failure  ;  to  be  recovered  by  a  Warrant 
from  a  Jultice,  to  the  Ufe  of  the  Informer:  And  if  any  Tobacco  packed  in  Cafk  by  an  Overfeer,  or 
the  Hands  under  his  Caie,  fhall  be  burnt  by  the  Infpeclors,  by  Reafon  of  its  being  bad,  unfound,  or 
not  in  good  Condition,  the  Overfeer  who  had  the  Care  of  making  and  packing  the  fame,  fliall  bear 
the  Lois  of  the  Tobacco  fo  burned  :  And  if  any  Tobacco  fliall  remain,  undeinanded,  in  the  Public 
Warehoufe,  three  Years  after  the  fame  is  irifpeiittd,  the  Infpeclors  of  fuch  Warehoufe  fhall  advertife  a 
Lilt  of  the  Marks,  Numbers,  and  Weights  of  fuch  Tobacco,  at  the  Court  of  their  County,  Two 
Courts  fucccffivcly  next  after  the  Expiration  of  the  Three  Years  as  aforefaid  ;  and  if  no  Owner  ap- 
pears to  claim  the  fime  v/ithin  that  Time,  the  Court  is  hereby  impowered  and  required  to  order  the 
laid  Tobacco  to  be  fold,  puhlickly,  at  the  Court-Houfe  Door,  on  the  lafl  Day  of  the  fame  Court,  to 
the  higheil  Bidder  ;  and  the  Money  arifing  therefiom  to  be  accounted  fur  by  the  faid  Infpedors,  and 
by  the  Ccurt  applied  to  the.  Uie  of  the  County  :  And  if  any  Perfon  Ihail  afterwards  prove  his  Right  to 
any  Tobacco  fo  fc.'d,   the  Cuurt  ihall  repay  fuch  Perfon  the  Money  for  which  the  fame  was  fold. 

XXI.  AND  to  the  End  that  the  juft  Quantity  of  Tobacco  exported  may  be  more  exadly  known,  MethoJ  for  d«- 
and  every  evil  Practice  to  defraud   his  Majclty  of  his  Culloms  prevented  ;  Be  it  Enaded,  by  the  Autho-  terminirig       the 
rity  aforefaid.    That  all  Inlpectors  (hall  carefully  enter  in   a   Book,   to   be  kept  for  that  Purpofe,   the  Qi^ntity  of  To- 
Marks,  Numbers,  Grofs,   nett  Weight,  and  Tare,  of  all  Tobacco  viewed  ai.d   itamped   by  them  as  L-icco  exported-, 
aforefaid,  and   in  what  Ship  or  Veflel   the  fame  fliall  be  laden  or  put  on  Board;   and  fhall  alio,  with 

every  VefTcl  Load  of  Tobacco,  fend  a  Lilt  of   the  Marks,  Numbers,   Grofs,  nett  Weicrht,  and  Tare, 

of  every  Hogfhead  of  Tobacco  then  delivered,  to  be  given  to  the  Alalter  of  the  Shiplsr  o:her  Veffel 

.    ,  which 


A.  D.    1768. 

Pt-n  foi  lefufing 
ti>  pjy  ilisit. 
Notes. 


Not  to  m'r  leaf 
and  llcQi'd  Tob. 


Tobacco  infpefl- 
ed,  liilptdtj^  to 
deliver  tfie  Own- 
er Receipts  ttf 
the  fame. 


fen     f;>f   ehang- 
ing  TuOacco. 


Tj  tike  in  tSsir 
R  ■•'■pts,  &  g,ve 
ciaustec  Notes. 


Tnb.  Debt  un- 
lawful, unltfs  in 
I.-jpcdtors  Nutei. 


Mixing  Traih 
with  ftem'd  To- 
bacco, pscktd  in 
iinfizdble  Cafki, 
relliainedi 


Proceedings  wl'h 
Tob.  not  pjfl'ing 
lnfpe£lion. 


Too.  packed  by 
Overfeers,  burnt, 
they  to  bear  the 
lofs. 

Pr.  ceedings  witli 
Tob  undcmand- 
ed  within  Three 
Yeao. 


4i6 


LAWS    of    North-Carolina. 


A.  D.    1768. 


which  the  fame  fhall  be  put  on  Board  :  And  if  the  Tobacco  delivered  to  the  fame  Sloop,  Boat,  or 
Pettiauger,  is  intended  to  be  put  on  Board  feveral  Veflels,  then  they  fhall  deliver  fo  many  diftinft  and 
feveral  Lifts  as  aforefaid,  of  the  Hogfheads  to  be  put  on  Board  fuch  Ships  or  Veflels,  refpeclively  ; 
which  Lifts  every  Mafter  of  a  Ship  or  Veifel  is  required  to  produce  to,  and  lodge  with  the  Colleftor 
of  the  Cuftoms  of  the  Diftrift  where  the  Ship  or  Veftel  whereof  he  is  Mafter  fhall  ride,  or  by  whom 
he  fliall  be  cleared,  fome  Time  before  her  Clearance:  But  whereas  it  may  happen  that  the  Ship  in 
which  fuch  Tobacco  contained  in  fuch  Lift  cannot  receive  the  fame  on  Board,  in  fuch  Cafe  it  ihall 
and  may  be  lawful  to  ftiip  the  faid  Tobacco,  or  any  Part  thereof,  on  Board  any  other  Ship  or  Ships, 
where  the  Owner  thereof  fhall  think  fit ;  the  Mafter  of  fuch  Ship  endorfing  on  the  faid  Lifts  the  Marks 
and  Numbers  of  the  refpeftive  Hogftieads  by  them  taken  on  Board,  and  giving  Notice  to  the  Infpec- 
tors  of  the  Warehoufes  from  whence  the  fame  was  brought;  or  if  there  be  no  Ship  to  receive  the 
faid  Tobacco,  then  it  (hall  be  lawful  for  the  Mafter  of  the  firft  mentioned  Ship  or  VeflVl  to  put  the  faid 
Tobacco  into  any  Warehoufe  in  the  Diftrift  where  fuch  Ship  (hall  ride,  giving  Notice  thereof  to  the 
Infpeftors  who  ftamped  the  fame  ;  and  the  Infpeftors  of  that  Warehoufe  where  fuch  Tobacco  fhall  he 
landed  Ihall  give  a  Receipt  for  the  fame,  and  fhall  caufe  the  faid  Tobacco  to  be  fafely  Lxiged  and  de- 
livered to  the  Order  of  the  Owner  whenever  he  IhaJl  think  fit  to  (hip  it  off,  and  that  without  Fee  or 
Reward. 

XXIL'  J N D  he  it  further  Ena^ed,  That  if  any  Perfon  whatfoevcr  (hall  forge  or  counterfeit  the 
Stamp,  Note,  or  Receipt  of  any  Infpcftcr,  to  tender  in  Payment  any  fuch  counterfeit  or  Ibrged  Note 
or  Receipt,  knowing  it  to  be  fuch  ;  or  export,  or  caufe  to  be  exported,  any  Hogfliead  or  Cafk  (jf  To- 
bacco, ftamped  with  a  forged  or  counterfeited  ftamp;  or  demand  Tobacco  of  any  Infpeftcr  upon  fuch 
forged  or  counterfeited  Note  or  Receipt,  knowing  fuch  Not?,  Receipt,  or  Stamp,  to  be  forged  ;  or 
Ihall  put  or  pack  into  any  Hogftiead  or  Cafk  of  Tobacco,  ftamped  by  the  faid  Inlpeftor,  any  Tobacco 
whatfoever  ;  or  take  out  any  Stave,  Plank,  or  Heading,  fo  ftamped  as  aforefaid,  of  any  Hogfhead  or 
Cafk  of  Tobacco,  after  fuch  Hogfliead  or  Cafk  of  Tobacco  fhall  be  delivered  out  of  any  of  the  Public 
Warehoufes  aforefaid  ;  every  Perfon  <b  offending,  and  being  thereof  convifted,  by  due  Courfe  of  Law, 
fliall  be  adjudged  a  Felon,  and  fufFer  as  in  Cafes  of  Felony. 

MetVifd      where  XXIIL     JND  le  it  fnrther  Enabled,    Ij  the  Authority  aforefaid.  That  if  any  Infped\ors  Notes   or 

Infpeaors  Notes     Receipts   be  cafually  loft,    miflaid,  or  defiroyed,  the  Perfon  or  Perfons  intitled  to  the  fame  fhall  makd 
*'*  "  *  Oath  before  a  Juftice  of  the  Peace  of  the  County  where  the  fame  is  payable,  for  what  Quantity  of  I'o- 

bacco  the  fame  was  given,  that  fuch  Note  or  Receipt  is  loft,  or  miflaid,  or  deftroyed";  and  that  he, 
fhe,  or  they,  at  the  Time  fuch  Note  or  Receipt  was  loll:,  was  lawfully  intitled  to  receive  the  Tobacco 
therein  mentioned;  and  upon  producing  a  Certificate  of  fuch  Oath  to  the  Infpeftors  who  figned  the 
faid  Note  or  Receipt,  and  lodging  the  fame  with  them,  the  faid  Infpeftors  fhall,  and  are  hereby  re- 
quired, to  pay  and  deliver  unto  the  Perfon  producing  fuch  Certificate,  the  Tobacco  for  which  any 
fuch  Note  was  given,  if  the  fame,  or  any  Part  thereof,  fhall  not  have  been  before  by  tliem  paid  by 
Virtue  of  the  faid  Notes;  and  fhall  be  thereby  difcharged  from  all  Aftions,  Suits,  or  Demands,  on 
Account  of  fuch  Notes  or  Receipts:  And  if  any  Perfon  fhall  be  convifted  of  making  a  falfe  Oa'th,  or 
producing  a  forged  Certificate,  in  the  Cafe  aforefaid,  knowing  the  fame  to  be  forged,  he  fhall  torfeij 
and  pay  the  Sum  of  Twenty  Shillings,  for  every  Hundred  Pounds  Weight  of  Tobacco  contained  in 
fuch  Certificate,  recoverable  before  any  Jurifdiftion  where  the  Hmie  is  cognizable;  and  moreover, 
upon  Conviftion,  fliall  fufFer  as  in  Cafe  of  willful  Perjury. 


Pfn.  for  forgmg 
Infpeaors  Notes, 
f»pnrtirvg  Tob 
with  ounterfeit 
Stamps  or  open- 
irg  any  ftamped 
H  gfhead. 


^afhnufes 
lA'here  to  be 
built. 


lnfpe£lors    Sala- 
ries. 


■WarehoafeRent. 


XXIV.  AND  be  it  further  Enucied,  hy  the  Juthority  aforefaid.  That  public  Warehoufes  for  the 
Infpeftion  of  Tobacco,  purfuant  to  this  Aft,  fhall  be  kept  at  the  feveral  Places  herein  after  mentioned, 
that  is  to  fay  :  In  Chcivan,  at  Edenton  ;  in  Hertford,  on  Choivan  River,  where  the  Court  fhall  appoint  ; 
in  Northampton,  at  jfone's,  and  the  Pileh  Landing  ;  in  Halifax,  at  the  Town  of  Halifax  ;  in  Edgcnmb, 
at  J  at  borough  ;  in  Cumberland,  at  Campbleton  ;  in  Dcbbs  County,  at  Dixon  s,  at  Kingfon,  ana  Shep- 
herd's: And  there  fliall  be  paid  to  the  Infpeftors  f  r  attending  at  Halifax  Infpeftion,  Fifty  Pounds, 
Proclamation  Money,  per  Annum,  each  ;  and  at  all  the  other  Places  of  Infpeftion  above  mentioned, 
the  Salaries  to  the  Infpeftors  fhall  be  afcertained  by  the  Inferior  Court  of  the  County  in  which  the 
fame  are. 

XXV.  AND  be  it  further  Enabled,  That  at  all  the  faid  Warehoufes,  there  fliall  be  paid  and  al- 
lowed, for  the  Rent  of  the  fame.  Eight-pence,  Proclamation  Money,  for  eveiy  Hogfhead  of  Tobacco 
that  fhall  be  received,  infpefted,  and  delivered  out  of  fuch  Warehoufes,  refpeftiveiy. 


Proceed,  w 
t.:ind  is  va 
for  bui!ditig 
Warehoufes 


here  XXVI.      AND  be  it  further  EtiaSled,  by  the  Authority  aforefaid.  That  it  fhall  and  may  be  lawful  for 

'"'^'''  the  juftices  of  the  refpective  County  Courts,  wherein  any  of  the  faid  Warehoufes  are  appointed,  and 
they  are  hereby  required,  if  not  already  done,  to  value  an  Acre  of  Land,  at  every  Place  within  their 
County,  where  public  Warehoufes  are  by  this  Aft  appointed,  and  to  agree  with  any  Perfon  or  Pcrfons, 
for  erefting  and  building  thereon,  fuch  Warehoufes,  Wharfs,  and  other  Conveniencies  as  ihall  be 
necefl'ary ;  and  to  take  Bond,  with  good  Security,  from /uch  Perfon  or  Perfbns,  for  performing  fuch 
Agreement;  and  the  faid  Juftices  fliall  pay  the  Owner  of  the  Land  the  Money  at  which  the  fame  fliall 
be  valued  as  aforefaid  ;  and  upon  paying  or  tendering  thereof,  the  Juftices  of  the  faid  County  for  the 
Time  being  fliall,  from  thenceforth,  have  an  Eftate,  in  Fee-Simple,  in  fuch  Lands,  during  the  Time 
fuch  Place 'fhall  be  made  Ufe  offer  a  Public  Warehoufe  :  And  the  faid  Juftices  fhall,  and  are  hereby 
empowered  and  authorized,  to  levy  the  Charge  and  Expence  thereof  upon  the  Inhabitants  of  their 
County  ;  and  fliall  take  and  leceive  the  Rents  of  the  I'obacco  which  fliall  be  received  and  infpefted  at 
the  faid  Warehoufes  in  Purfuance  of  this  Aft,  for  reiniburfing  the  faid  County  the  Charge  ot  purchai- 
ing  the  faid  Land,  and  building  thereon  :  And  where  the  Juftices  of  any  County  Court  have  already 
built  Warehoufes  on  the  Lands  of  another  Perfon,  by  Virtue  of  any  Law  heretofore  in  Force,  the  faid 

Juftices 


L    A  If^  S      of     N  O  R  T  H  -  C  A  R  p  L  I  N  A.  417 


not-   to 
waj  H.u- 
&c. 


Juftices  fhall,  in  like  Manner,  be  feizea,  in  F'ee,  of  the  Land  upon  which  fuch  Warehoufes  are  built,      A.  D     1-68 
ibjong  as  the  fiid  Places  refpe(flively  fhall  be  made  Ufe  of  for  Public  Warehonfos  :    But  if  anv  of  the  '      '      • 

faid  Places,  whereon  Warehoufes  are,  or  flnl!  be  by  the  Jullices  erefted,  fliall  hereafter  happen  to  be 
djfcoiuinued,  thq  Proprietor  of  the  I,and  fliali,  from  thenceforth,  fland  feized  of  his  former  EUate. 

XXVII.  PROVIDED  tte'vsrthdefsy  That  nothing  herein  contained  (feall  be  coriftrued  to  eive  Pfvifrf, 
Power  to  the  faid  Juihces  to  take  away  the  Houfe,  Orcl.irds,  or  other  immediate  Conveniencic^  of  "''^  "'■' 
an;;  Proprietor  of  Land,  for  the  Ufes  or  Purpofes  afortfeid  :  And  the  Julticcs  of  the  Peace  of  the  fcve-  '^"'  ^'" 
ral  Couucics,  wherein  any  of  the  faid  Warehoufes  are  b}'  this  AJt  appointed  within  their  County 
fiiall,.  and  are  hereby  declared  to  have  full  Power,  to  put  in  Executbn  fb  mucI\,of  this  Ad  as  relates  •^"'^ "'  P"'''"  '" 
to  biulding  and  ereding  Public  Warelwufes,  and-to  regulating  all  Matters  concerning  the  fame;  and  Ex-cu*!''!  '^'^  '" 
to  oiroa  the  rebuiltling  and  repairing  thereof,  and  other  Conveniencies,  /rom  Time  to  Time,  'as  to  "^^  """ 

them  fhall  fecra   neceffiiry  :    And  if  upon  Applictrion  of  the  Infpedors  to  their  County  Courts,  for     p      f    n    i 
building  and  making  otiier  ntccffary  Houfcs,   Wharfs,  and  Repairsjcfuch  County  Courts  iliall  refufe       '""       "'-'^^■ 
or  fail  to  do  their  D.! '.7  therein,,  every  fuch  Juftice  fo  refuiing  or  failing,  fkill   forfeit  and   pay.Five 
Pounds,  ProclaniKti'.'n  rjoney  ;     to  be  recovered   before  any'jiirifdidion   having  Cognizance  thereof 
\«i:h  Colts,  by  Adion  of  Debt  or  Information,  againfl  fuch  J uiHees  jointly.       ^  ' 

XXVIIL     AKD  be  it  further  Enaaed,    That  if  anv  of  the  Warehoufes  herein  before  mentioned     FroreH.     wh-rs 
fiiall  hapupn  to  be  burnj  by  Accident,  the  Value  of  the  Tobacco  fo  burnt  (hall  be  paid  to  the  Petfons     Warehoufes 


ate 

luint. 


injuied  by  the  fcveral  Counties  wherein  the  fime  was  made,  and  be  levied  by  tlie  feveral  County 
Courts'tbercof,  at  the  Time  of  laying  their  County  Levy,  next  after  fuch  Lofs  happened  :  And"  in 
Cafe  of  fuch  Accidents,  no  Infpedor  fhall  be  fued  or  molefted  by  Reaf  )ii  of  any  Promiflury  Notes  or 
Receipts  by  taem  given  for  any  Tobacco  fb  burnt,  but  the  fame  Ihail  altogether  be  diicharged;  any 
Thing  he;cin  contained,  to  the  contrary,  notwithftanding, 

•  XXIX.     AND  he  it  further  n„aaed,  hy  the  Authority  afore/aid,  that  there  fiiall  be  kept  at  each  of    Scales  to  b-  pro. 
tlie  fa  d  Warehouf-s  herein  before  mentioned,  and  at  all  otiiers  to  be  hereafter  appointed,  a  good  and     "■'''"'  f"'  Ware- 
fufiicient  Pair  of  Scales,  wiih  Weights,  to  weigh  Tv^^elve  Handred  Pounds  at  ieaft;    and  where  the    *""'^''* 
fame  fhall  at  any  Time  be  wanting,  the  Jullices  of  the  ref;  eaive  County  Courts  may,  and  are  hereby 
direacd,  to  provide  the  fame,  at  the  Expence  of  their  refpedive  Counties  :    And  the  Infpeclor's  of 
each  refpcdive  Warchoufe  fhall,    once  a  Year  at  leall,    app'y  to  the  Keeper  of  the  Public  Standard 
aind   by  the  fame  exruiine  and   try  the  faid  Sc.iles  and  Weights,  and  adjult  the  fame  ;    and  if  the  faid 
Infpcdors  (hall  ne  led  or  refufe  fb  to  do,  he  or  they  (o  ne'jfeding  or  rcfufing,   fhail  forfeit  and  pay  the 
Sum  of  Twenty  Shillings,    Proclamation  Mney,    and. the  Charge  of  rep.iiring   and    amendino-   the 
faid  Scrdes  and  Weights  ;    and  alfo  for  remaving  the  Standard  for  trying  the  fam.e,  fhall  be  alfovved 
to  the  faid  lufpeclors  irt  their  Account  with  the  Cou.r. 

,    XXX.    • -^  A' /)  ^^'V>T//^^>-i?««^<'y,  That  any  Juftice  of  the  Peace  of  any  County,  near  the  Pl.-sce     Proceedings     on 
where_any  Sh-p  or  other  Veflel  fhall  'ride,    .upon  Complaint  made   to  him  by  any  Perlon  that  fufoed?     Information     of 

Hi  pping        lining 
fpetlcd  Tobacco, 


an 


his  County  ;  and  ta:  Sheriff,  Under  Sheriff,  or  C'onftnbie,  fhall  have  full  Power  and  Authority,  and 
hs  is  her.  by  require.!,  to  enter  and  go  on  Board  fuch  Ship  or  other  V^effel,  to  fearch  for  and  leize  fuch 
Tobacco  ;  and  the  fame  fo  fpizcd  fhail. be  brought  on  Shore,  and  carried  befDre  the  fame  or  any  other 
Jufiice,  who  fhall  caufe  the  fame  to  be  immediately  burnt  by  fuch  Sheriff  or  other  Officer  :  And  if  the 
fVlr.ller  or  Commanding  Officer  of  any  Ship  or  Vefiel,  or  any  other  Perfon  whatfoever,  fhall  reful  the 
Sheriff,  or  other  OlFicer,  in  the  Execution  of  any  fuch  Warrant,  every  fuch  Mailer  or  Commandin-:' 
Officci-  fliall  forfeit  antl  pay  the  Sugi  of  J^ifty  Pound:,  Piotlaniation  Money  ;  and  every  Skipper'^ 
Sail.>r,  or  other  Pt-rfon  fo  refilling,  fhall  foifoit  and  pay  the  Sum  of  Ten  P.iunds,  like  Money  :  And 
in  Cafe  any  Action  fhall  be  brought  againfr  any  of  the  fiid  Officers,  for  doing  any  Thing  in  Execu- 
tion of  thi.s  Ad,  t!>e  Dwfendant  may  plead  the  general  (ffue,  and  give  this  Ad  in  Evidence;  and  if 
t!;e  P!aiin:a";h';ll  be  r.oti-fniteJ,  or  Judgment  pafs  a-ainst  him,  upon  a  Verdid  or  Demurrer,  the 
Defendant  lliaii  recover  double  Celts. 


f-evtr;  und..T  the  Penalty  of  forfeiting  Tv.cnty  Shillings,  Proclamation   Money,  for  everv  Hundred 
Weight  of  Tobacco  fo  bought  or  received. 


XXXIf.  T^O/ /Z)i7/).fl/rt,vi),f,  That  nothing  herein  contained  fhall  be  Con flrued  to  hinder  any  Pr-^vifo,  to  te- 
Infpede.f  fn  m  recf!v:tu;  his  It.  1,1 1  in  Tobuco,  wnich  ihall  have  been  firil  viewed,  examined,  and  ceivc their Rems. 
ftaiiipcd,  ace  ;!ding  1,1  ifie  1),  ^'niisAd. 


a'ccc 


XXXlft.     AND  b:  it  fu'tbir  Enacl:J,ly  the  Authority  aforcfaid.    That  no  Infpedor  (hall  take      l*'^"-   fo"-  f^'^'"? 
»v.c<:pt,  orrectue,  duediy  or  indirbdly,  any  Fee,  Gratuity,  or  Reward,  for  any 'J'hing   by  him   to     "'''-'■   ^"    '^'"^ 
be  done  by  Virtue  of  this  Ad,  other  than  the  Salary  and  other  Allowances  herein   before  mentioned  •     '''^'^  Silarui. 
unucr  the  Penalty  of  Fifty  Pounds,   Pioclimation  Money;   to  be  recovered  with  Colts,  by  any  Perfon  ' 
who  (hall  fue  for  the  fame,   by  Adion  of  Debt,   Bill,   Plaint,  or  Information,  in  any  Court  of  Record  • 
having  C(jgniz-nce  thereof;    and  moreover,   fh.dl    be  difablvd  from 'holding  the  fiid  O/nce  during  the 
Ccniinuance  of  this  Ad  :  And  th-;  Perfon  or  Perfbns  giving  or  ofJlring  any  fuch  Bribe,  fhall,  in  IWce 

<-'  g  S  Mannery 


4i8 


LAWS    of    North-Carolina. 


A.  D.   1768. 


Method  where 
Tobacc.)  tendered 
bj  iMfptflors  in 
Dilcliarge  of  their 
Notes,  isiefufed. 


Proceedings  when 
new  lui'ptitors 
fiJccecd 


Infpefl'rsto  per- 
iTiit  Own  ts  of 
lij:bt  Tobacco  to 

reprize  it. 


Samples  of  Tob. 
t'(.  ■  be  returned 
iiitg  the  C.  iks 

To   make    all 
Hc'giheadj  wei(:h 
I  coo  Iba.  . 


Owners     rray 
mark    H'-iflieads 
for  fati'.fving 
transfer  Notes. 


Infpeftors  to  lay 
b(foie  their 
Courts     Account 
of  transfer  Notes, 


To  accoont  with 
their   Courts   for 
all     Mur.ies    in 
(itir  H^tnds, 


Manner,  forfeit  and  pay  the  Sum  of  Five  Pounds,  like  Money  ;    one  Half  to  the  Informer,    and  the 
other  Half  to  our  Sovereign  Lord  the  King,  for  fupporting  the  contingent  Charges  of  this  Province. 

XXXIV.  AND  he  it  further  EnaSfed,  That  when  any  Perfon  fhall  be  intitled  to  receive  any 
Hogftiead  of  Tobacco,  by  Virtue  of  any  Infpeftors  Notes  or  Receipts,  the  Infpetflors  fhall  be  obliged 
to  open  the  Hogniead,  and  fliew  fuch  Tobacco  to  the  Perfon  demanding  the  fame,  if  required,  whe- 
ther the  fame  be  Crop  or  Transfer;  and  if  fuch  Perfon  (hall  refufe  to  accept  of  the  Tobacco  offered  or 
tendered  him  jn  Payment,  as  bad,  unfcund,  and  unmerchantable,  fuch  Perfon  fo  refufing,  fhall  make 
immediate  Application  to  any  Three  Juftices,  near  or  neareft,  whhin  the  fame  County;  and  the  faid 
three  Juftices  fhall. take  an  Oath,  before  fome  other  Jullice  of  the  faid  County  (which  Oath  the  faid 
Juftice  is  herc'by  impowered  to  adminifter)  carefully  to  view  and  examine  the  faid  Tobacco,  and,  to 
the  heft  of  their  Judgment,  pafs  or  rejeft  the  fame  ;  and  that  they  will  therein  do  their  Duty,  accord- 
ing to  their'  Judgment  and  Confcience,  without  Favour,  or  Afteflion  :  Which  faid  three  Juftices  {o 
fworn,  are  hereby  diretiled  and  required  to  repair  to  the  Warehoufe  where  fuch  Tobacco  Ihall  be 
oU-ered,  and  carefully  to  view  the' fame,  in  fuch  Manner  as  they  fliall  think  fit;  and  if  any  two  of 
them  fliall  judge  the  fame  unfound  and  unmerchantable,  to  caufe  the  fame  to  be  immediately  burnt, 
without  being  picked  and  feparated ;  and  for  their  Trouble  therein,  the  faid  Juftices  fliall  receive, 
and  be  paid  by  the  Infpedors  who  oft'ered  the  fame  in  Payn.tn.t,  Five  Shillings,  Proclamation  Money, 
each  ;  but  if  by  the  faid  Juftices  the  faid  Tobacco  fo  tendered  in  Payment  fliall  be  adjudged  good  and 
merchantable,  according  to  the  Diredlions  of  this  Aft,  the  faid  Juuices  fliall  be  paid  by  the  Party  de- 
firing  fuch  View,  Five  Shillings  as  aforefaid:  And  when  any  Tobacco  fliall  be  tendered  or  differed  in 
Payment  by  any  hilpcdlor,  and  refufed,  the  faiil  Infpcdtor  fliall  not  be  at  Liberty  to  tender  or  offer  in 
Payment,  nor  the  Ptrfon  demanding  the  fame  to  leceive  any  Tobacco  in  Lieu  thereof,  before  or  after 
the  fame  fliall  have  been  viewed  as  aforef'.id  ;  but  the  Perfon  refufing  fliall  immmediately  mark  the 
fame  :  And  if  any  Infpcftor  fliall  offer,  or  tender  in  Payment,  any  Tobacco  in  Lieu  of  the  Tobacco  fo 
refufed,  before  the  fame  fliall  have  been  viewed  as  aforefiid,  or  fliall'not  produce  the  fame  Tobacco  fo 
refufed  to  the  faid  Juftices,  in  either  Cafe,  it  (hall  be  taken  for  a  Conviclion,  that  the  faid  Tobacco 
firft  tendered  was  bad  and  unmerchantable;  and  moreover,  the  faid  Infpedtors  fliall  forfeit  and  pay 
Ten  Pounds  for  every  fuch  Offence  :  And  every  Perfon  accepting  any  Hogfliead  of  Tobacco  in  Lieu 
of  Tobacco  fo  refufed,  before  the  fame  fliall  be  viewed  as  afotefaid,  fliall  forfeit  and  pay  Ten  Pounds 
for  every  fuch  Offence. 

XXXV.  AND  be  it  further  Ena8ed,  That  when  any  new  Infpeftor  fliall  be  appointed  at  any  of 
the  faid  Warehoufcs,  fuch  new  lufpedor  or  Infpedlors  fliall,  and  they  are  hereby  required,  to  give  to 
the  Perfofi  or  Perfons  whom  they  iTiall  fuccced,  a  Receipt,  with  h's  or  their  Hands  fubfcribed,  con- 
taining the  Number,  Marks,  Tare,  Grofs,  and  Nett  Weight,  of  every  Hogfliead  of  Tobacco  which 
iliall  be  then  at  the  fai  1  Warehoufe  ;  and  Ihall  be  thenceforth  charged  with  the  Delivery  and  Payment 
thereof;  but  fliall  not  be  accountable  for  the  Lofs  of  Weight  or  Quality  of  Tobacco  therein 
contained  :  And  all  Infpeftors  delivering  out  ?ny  Tobacco  in  Difcharge  of  fuch  Notes,  fliall  be, 
from  thenceforth,  difcharged  and  acquired  thereof,  or  any  Thing  relating  thereto  ;  any  Thing  herein* 
contained  to  the  contrary  notwithltanding  :  And  when  any  light  crop  Tobacco  fliall  be  hereaftef 
broiight  to  any  of  the  faid  Warehoufes,  the  laid  Infpeftors,  if  required,  fliall  permit  the  Owner,  or 
other  Perfon,  to  make  Ufe  of  one  or  more  of  their  Prizes,  for  the  Repacking  and  Prizing  the  fame, 
without  Fee  or  Reward  :  And  for  all  Tobacco  repacked  or  prized  by  the  Owner,  there  fliali  be  paid  to 
the  Infpertors  thereof.  Three  Shillings  for  Stamping  ;  and  for  all  Tobacco  repacked  and  reprized  by 
thclnfpedors,  Five  Shillings  for  each  Hogfliead;  and  alfo.  Six-pence  for  Nails  ;  unlefs  the  Proprie- 
tor fliall  provide  them  :  And  no  Infpeftor  fliall  take  or  convert  to  his  own  Ufe,  or  otherwife  difpofe  of, 
any  Draughts  or  Samples  of  Tobacco  ;  but  the  fame  (if  fit  to  pafs)  fliall  be  put  again  into  the  Hogfliead 
out  of  which  it  was  taken  ;  under  the  Penalty  of  Twenty-Shillings  for  every  Draught  fo  converted  ;  to 
be  recovered  before  any  Juftice  of  the  Peace  for  the  County  wherein  fuch  Offence  was  committed  :  And 
all  Infpeftors,  when  required,  fliall  be  obliged  to  prize  any  Hogfliead  of  Tobacco  under  One  Thou- 
fand  Weight,  fo  as  to  make  it  up  that  Weight ;  and  fliall  receive  the  fame  Fee  therefor,  as  for  tranf- 
fer  Tobacco,  arid  make  lawful  Abatement  for  the  Tobacco  prized  in  ;  and  the  faid  Infpeftors,  for  all 
Tobacco-  by  them  paffed,  fliall  give  a  Note  as  aforefaid,  in  the  Name  of  the  Owner,  and  of  no  other 
Perfon  whatfjever. 

XXXVL  A  N  D  he  it  further  Enabled,  That  the  Owner  of  any  transfer  Notes  may,  at  any  Time 
before  the  Firft  D.ay  oiOS-oher,  in  every  Year,  receive  and  mark  Hogflieads  of  Tobacco,  for  fatisfying 
fuch  Notes ;  and  the  Infpedors  fliall  take  in  iheir  fo/nier  Notes,  and  deliver  crop  Notes  for  the  fame; 
and  fliall  be  anfwerable  for  the  fafe-keeping  thereof ;  and  the  Infpeilors  thereof  fliall  be  intitled  to 
receive  Five  Shillings  and  Si.x-pence  for  the  Infpedion  thereof,  and  finding  Nails  ;  Two  Shillings  and- 
Six- pence  down,  and  Three  Shillings  when  the  faid  Tobacco  fliall  be  delivered  :  And  the  Infpeflor* 
fliall,  at  the  Cc  urt  to  be  held  hv  their  County  next  after  the  Firft  T>^'  oi Oiloher^  Yearl),  lay  before 
the  Court,  an  Account,  on  Oath,  of  all  transfer  Notes  that  were  not  by  them  taken  in  before  the  faid' 
Firft  Day.of  O.'/c/f/-  ;  and  alter  fuch  Account  fo  exhibited,  fliall  fell  the  Tobacco  in  fuch  Notes  con- 
tained, dediiiting  for  Shrinkage  and  V/aiieage,  at  public  Auction,  before  the  Door  of  the  Court- 
Houfc,  between  the  Hours  of  Twelve  and  Three;  and  the  Jnfpectors  fliall  pay  the  Money  arifing  by- 
fuch  Sale,  in  Satisfaftion  of  their  faid  Notes,  from  Time  to  Time,  to  the  Proprietors  demanding  ther 
fame  :  And  all  Infpeflors  in  the  faid  .Account,  fliall  account  for  all  Tobacco  gained  or  faved,  upon; 
the  Allowance  of  Siuinkage  of  transfer  Tobacco,  in  the  fame  Manner  as  before  directed ;  and  fli.ill 
account  with  the  Court  for  the  Money  received  for  fuch  Tobacco  fo  gained,  in  their  Yearly  Accci.nt. 

XXXVII.  AND  he  it  further  Enaaed,  That  all  Infpectors  fliall,  Annually,  at  the  next  Court 
held  for  their  County  after  the  firft  Day  oi  Oiighcr,  account  with  the  faid  Court,^  upon  Oath,  for  all 

Monie* 


L  A  }V  S    of    North-Carolina. 


419 


1768. 


Monies  by  them  received  by  Virtue  of  this  Act  (except  for  Nails)  In  which  Account,  they  (hall  be     A.  D. 
allowed  their  Salaiics,  and  other  neceflary  DilburfementSj  in  Purfuance  of  this  Act. 

XXXVIII.  J  ND  be  it  further  EnaBed,  by  the  Authority  afortfaid,  That  any  Two  Juftlces  of  the 
Peace,  fnall  have  full  Power  to  hear  all  Complaints  againil  any  Infpectors  within  their  County,  and 
to  take  Depofitions  of  Witnefles  on  both  Sides  ;  which  they  (hail  tranihut  to  their  County  Court  for 
their  Determination  ;  and  alfo  to  vifit  all  Warehoufes  within  thdr  Counties,  and  certify  Sll  Neglects 
and  Breach-^  of  Duty  in  Infpectors,  unto  their  faid  C(  urt :  And  all  Infpectors  fo  found  guilty  of  a 
Breach  of  Duty  or  Neglect,  he  or  they  Ihall  he  forever  removed  from  the  laid  Office  ;  and,  moreover, 
fliail  pay  unto  the  Infcrmer  or  Prcfecutor,  his  full  Colls;  and  be  further  liable  to  the  Action  of  the 
Party  endamaged  by  fuch  Neglect. 

XXXIX.  -^ N D  be  it  further  Enabled,  That  all  Penalties  and  Forfeitures  ill  this  Act  contained, 
and  not  herein  before  particularly  appropriated,  fhall  be,  one  Half  to  our  Lord  the  King  ;  to  be  ap- 
plied towards  defraying  the  Charges  of  the  Execution  of  this  Act,  and  the  other  Half  to  the  Peifon 
wholhall  inform  or  fue  f,r  the  fame  ;  to  be  rtcovered  by  Action  of  Debt,  Bill,  Plaint,  or  Information, 
in  any  Court  of  Record  having  Cognizance  thereof  ;  except  where  the  faid  Forfeiture  (hall  not  exceed 
Forty  Shillings ;  and  in  (uch  Cafe,  the  fame  m.ay  be  recovered  by  Warrant  before  any  Juitice  of  the 
Peace. 

XL.     AND  he  it  further  Ena^ed,  That  when  any  Artion  fhall  be  commenced  or  profecuted  againft  Matlner  fned  m* 

any  leafaruig  Perlon,  founded  on  tliis  Ai;t,   fuch  Perlbii  iliill    be  compelled  to  gi^e  Bail  to  the  She;iJf,  tV-is  Aa,  to  give 

or  other  Oliicer,  as  if  fuch  Action  had  been  founded  on  a  Contract  ;   and  (hall  not  be  admitted  to  apl  ^^''■ 
pear  and  plead  until  Bail  be  fo  given  j  any  Law,  Ufage,  or  Cuilom  to  the  contrary  notwiihltanding. 


Two  Juftic^s  to 
hear  CctrpliinU 
aeainft  Inljiec 
tors. 


Fines  anti  FotfeJ- 
tuj^s  h'W  ttco« 
verable  ]  and  ap- 
plied. 


XLI.     AND    he  it  further  EnaSied,    That  the    Infpectors    of  the    feveral  V/arehoufes^  fo  often     inf-flfrr-tn 
S  Nved  fliall  require,  (hall  appoint  one  or  mere  Picker  or  Pickers  ;   who,   before  entering  on  the  Ex-     point Vckera-" 
cution  of  their  laid  0(iice,  (hall  take  the  following  Oath  j  which  any  Jullice  of  the  Peace  may  admi- 
ifter,  to  lOit. 


T>i     take 
Oath. 


YO  U  Pmllfiijear  that  you  nvill  iveU  and  faithfully  pick  and  feparate  all  fuch  'tobacco  as  Jhall  be  teiikr- 
ed you  for  that  Purpafe,  at  the  Warehouje  ivhire  yon  are  appointed  Puker ;  that  you  iviil  not  demand 
vr  receive  any  other  or  greater  Allowance  for  your  Ser-vices  as  PicLr  than  tbofe  direiled  by  Law  ;  and  that 
you  ixill  honrftly  demean  yourjelf  in  your  Jaid  Office,  and  execute  the  fame  --without  Fa-vour,  Affection,  or 
Partiality.  SO  HELP  YOU  GOD, 

And  fuch  Picker  h  appointed  and  fworn,  (hall  and  may  take  and  receive  One  Shilling  and  Eirrht     His  Fee 
Pence  for  every  carted  Hoglhead  ;  and  Three  Shillings  for  every  roiled  Hogihead  which  he  ihall  open        '*    **' 
and  bring  to  View  ;  and  one  Eighth  Part  of  all  Tobacco  he  (hall  fave  for  the  Owner  in  picking  ;  and 
no  morecr  other  Allowance  whatever.  '^ 


thii 


XLIL 

the  Infrectio 
Void  ; 
Term 


AND  be  it  further  EnaSied,  That  all  and  zvtry  Act  and  Acts  heretofore  inade,  concerning     c 
ion  of  Tobacco  within  this  Province,  (hall  be,  and  they  are  henceforth  repealed  and  maue     t 

and  that  this  Act,  and  every  Part  thereof,  (hall  be  and  continue  in  ForcCj  for  and  during  th 

of  Seven  Years,  and  no  longer. 


Continuance 
the  A«. 


CHAP.     X. 

An  AEl  for  ejiaUijhing  fuhlic  tPWehcnfes  in  the  Toi^ns  of  Halifax  aftd  Campbletonj/^r 
the  Infpe'aion  of  Hemp  and  Flax,     (a) 


i.  'ITT  7  HE  RE  AS  it  has  been  reprefented  to  this  Aflembly,  that  there  are  nO    PreamSie, 

yV  public  Warehoufes  in  the  Tovfmoi  Halifax  and  Camphlelon^  for  the  Safe- 
keeping of  Hemp  and  Flax  infpefted  at  thofe  Places;  and  that  it  would  be  greatly 
bentficial  to  the  Merchants  and  Planters  in  thofe  Parts  of  the  Province,  that  Ware* 
houfes  Ihould  be  eredcd  for  that  Purpofe : 


II.  BE  it  Enacted^  hy  the  Governor,  Council,  and  Ajfemhly,  and  by  the  Authority  of  Warc  houfes  «« 
the  fame.  That  it  fliall  and  may  be  lawful  for  the  Juftices  of  the  Inferior  Courts  for  ^'  '"''''• 
the  Counties  of  Halifax  and  Cumberland,  and  they  are  hereby  required,  at  their  firft 
Sitting  after  the  palTing  of  this  A61:,  to  agree  with  any  Perfon  or  Pcrlbns,  for  ereft- 
ing  and  building  in  the  Town  of  Halifax,  on  the  Lots  where  the  Tobacco  Ware- 
houfes now  ftand  ;  and  in  the  Town  of  Campbleton,  fuch  a  Warehoufe  in  each,  and 
other  Conveniences  as  fliajl  be  neceffary ;  and  to  take  Bond,  with  good  Security, 
from  each  Undertaker  of  fuch  Buildings,  for  performing  fuch  Agreement  j  and  fhall 

G  g  g  2 


provide 


(ttj  SeeAftNoY.   1768,  Chap.  8,  for  amending  thii  Acl^ 


420  LAWS     of    North-Carolina. 

^.  D.  1768.  provide  and  keep  at  each  of  the  faid  Warehoufes,  a  good  and  fiifficient  Pair  of 
.^^^-'^^'^'^'^^  Scales  and  Weights  to  weigh  Six  Hundred  Weight  at  leaft,  and  alfo  a  fufRcient 
with  Scales.  Numbet  of  Prizes  or  Screws  -,  and  the  faid  Jullices  fhall,  and  they  are  hereby 
authorized  to  levy  the  Expence  thereof  upon  the  Inhabitants  of  their  refpeftive 
Counties  -,  and  fhall  take  and  receive  the  Rent  of  the  Hemp  and  Flax  which  Ihall 
be  received  and  infpected  at  the  faid  Warehoufes  in  Purfuance  of  this  Act,  for 
reimburfing  the  faid  Counties  the  Charge  of  building  the  faid  Warehoufes  and  other 
Conveniencies. 

infpef^ors  to  be        HI.     A N D  be  it  further  Ena5fed,  That  the  faid  Juftices  fliall,  once  in  every 
appoint  .  Year,  at  their  Court  next  after  the  Firft  Day  ot  O^ober^  nominate  and  appoint  one 

fit  and  able  Perfon,  flvilful  in  Hemp  and  Flax,  for  the  OfBce  of  Infptctor  at  each 
of  the  faid  Warehoufes  \  and  in  Cafe  of  his  Death  or  Sicknefs,  or  being  otherwife 
diiabied  from  attending  his  Duty  in  that  Office,  any  Three  Juftices  of  the  County 
where  fuch  Difability  happens,  fhall  and  may  nominate  and  appoint  another  to  fup- 
ply  the  Place  of  fuch  Inipector,  if  dead,  until  the  next  Nomination  of  Infptctois  > 
and  if  fick,  or  otherwife  difabled,  to  attend  until  fuch  Sicknefs,  or  other  Difability, 
is  removed  •,  every  of  which  faid  Infpectors,  appointed  by  Virtue  of  this  Act,  fliall, 
before  they  enter  upon  the  Execution  of  th'-ir  faid  Office,  enter  into  Bond,  with 
good  Security,  in  the  Penalty  of  Five  Flundred  Pounds,  Proclamation  Money ; 
payable  to  his  Majetty,  his  Heirs  and  Succeflbrs ;  with  Condition,  for  the  true  and 
faithful  Performance  of  their  Duty,  according  to  the  Directions  of  this  Act  j  and 
fliall  take  the  following  Oath  :     (a) 

Fen  for  aaing  Which  Oath  fhall  and  may  be  taken  before  the  Inferior  Court  of  the  County,  or 
Nf.re  taking  the  juf^ices  appointing  fuch  Infpedor:  And  if  any  Petfon  fhall  prefume  to  execute 
the  faid  Office  of  Infpeftor  before  he  fhall  have  given  fuch  Bond,  and  taken  fuch 
Oath  as  aforefaid,  he  ihall  forfeit  and  pay  One  Hundred  Pounds,  Proclamation 
Money;  to  be  recovered  by  Aftion  of  Debt,  in  the  Superior  Court  for  that  Dif- 
trid ;  one  Half  of  fuch  Forfeiture  to  be  paid  to  any  Perfon  that  will  fue  for  the 
fame,  and  the  other  Half  to  be  applied  towards  kffening  the  County  Tax  of  the 
County  where  the  Offence  fliall  be  committed. 

This  ciau'e  ai.  IV.  AND  be  it  further  Ena^ed,  That  every  Infpedor,  appointed  by  Virtue 
Ss^cTap^'s:  of  this  Ad,  fhall  conftantly  attend  his  Duty  at  his  faid  Warehoufe,  from  the  Firft 
Day  of  November  to  the  Firft  Day  of  January ;  and  from  the  Firft  Day  of  March  to 
t^rT  an/Man'  ^^^^  ^'^^  ^^X  °*  ^''^'  Yearly  ",  and  afterwards  attend  to  deliver  out  Hemp  or  Fiax 
nar'of  infpei'iing  for  Exportation,  until  all  the  Hemp  or  Flax  remaining  there  on  the  Firft  Day  of 
iiempand  Flax,  j^^^  j|^,^jj  .^^  delivered  ;  and  for  every  NeglecT:,  fliall  be^ liable  to  the  Adion  on  the 
Cafe  of  the  Party  grieved,  for  the  Damages  he  may  fultain  by  Reafon  of  fuch  Neg-' 
led,  and  Cofl:s  of  Suit :  And  for  all  Flemp  and  Flax  by  him  infpedcd  and  pafTed 
at  fuch  Warehoufe,  he  fhall  deliver  to  the  Party  bringing  the  fame,  a  Promiffory 
Note  or  Notes,  under  his  Hand,  for  the  full  Quantity  of  Hemp  or  Flax  by  him 
received;  in  which  fliall  be  exprefl^ed  the  Weight  of  the  Hemp  or  Flax,  in  Hun- 
dreds, Qiiarters,  and  Pounds,  reckoning  One  Hundred  and  Twelve  Pounds  to  the 
Hundred ;  and  in  what  County  and  Province  the  fame  was  cultivated,  and  whether 
the  fame  be  Dew  or  Water  rotted ;  which  Notes  fhall  bear  Date  the  fame  Day  it  is 
infpeded  and  paffed,  and  be  transferable  from  one  Perfon  to  another,  in  the  fame 
Manner  as  Notes  for  Tobacco  arc,  by  the  Cufloni  of  this  Province,  and  fliall  be 
payable  by  fuch  Infpedor,  in  Bales  or  Bundles,  when  demanded,  not  exceeding 
Six  Hundred  in  a  Bale;  fo  that  fuch  Demand  be  not  made  in  lefs  than  Eight  Days 
after  the  Date  thereof:  Which  Bales  fhall  be  well  prized  and  bound  iufficiently, 
with  not  lefs  than  Nine-Thread  Rope  ;  and  for  every  fuch  Bale  or  Bundle  by  him 
paid  away  in  Difcharge  of  any  fuch  Notes  by  him  given,  there  fhall  be  paid,  by  the 
Perfon  receiving  the  fame,  for  every  Hundred  Weight  contained  therein,  the  Sum  of 
Four  Pence  for  Warehoufe  Rent,  One  Shilling  for  Infpection,  and  Ten  Pence  for 

prizing: 


(aj  The  Oath  by  this  Ace  appoiated  repealed,  and  provided  for  by  Act  Nov.  176S,  Chap.  8, 


L  A  fV  S    of    North-Carolina. 


421 


prizing  and  Rope ;  which  faid  Sum  of  Four  Pence,  for  Warehouse  Rent,  fhall  be    ^-  D.    1768- 

paid,  annually,   by  the  Infpector  to  the  Juftices  of  his  County  :  And  if  any  fuch 

Inlpector,  by  whom  fuch  l:'romifrory  Notes  fhall  be  figned,  fhall  refufe  or  delay  to 

pay  or  fatisfy   the  fame,  when  demanded  as  aforefaid,  fuch  Infpector  fo  delaying 

or  rerufing  (hall  forfeit  and  pay,  to  the  Party  injured,  double  the  Value  of  the  faid 

Hemp  or  Flax  j  to  be  recovered,  with  Cofts,  in  any  Court  wherein  the  fame  is 

cognizable. 


V.  AND  he  it  further  EnaHed,  by  the  Juthority  aforefaid.  That  every  Perfon 
who  fhall  counterfeit  or  forge  the  FromifFory  Note  of  fuch  Infpector,  or  offer  for 
Sale  any  fuch  counterfeit  or  forged  Note ;  or  demand  any  Hemp  or  Flax  of  fuch 
Infpector  upon  any  luch  counterfeited  or  forged  Notes,  knowing  them  to  be  fuch, 
and  being  thereof  convicted  by  due  Courfe  of  Law,  fhall  be  adjudged  a  Felon,  and 
fhall  fuffcr  as  in  Cafes  of  Felony. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Infpectofs 
Notes  or  Receipts  be  cafually  loll,  mifliid,  ordeftroyed,  the  Perfon  or  Perf.ns  intitled 
to  receive  the  Hemp  or  Flax  by  Virtue  of  any  luch  Note  or  Receipt,  fhall  make  Oath 
before  a  Juftice  of  tne  Peace  of  the  County  where  the  fame  is  payable,  to  the  Num- 
ber or  Date  ot  every  fuch  Note  or  Receipt,  to  whom  and.  where  payable,  and  for 
what  Qiiantity  of  Hemp  or  Flax  the  fame  was  given,  and  that  luch  Note  or  Re- 
ceipt is  loft,  miflaid,  or  dellroyed,  and  that  he,  (he,  or  they,  at  the  Time  fuch 
Note  was  loft,  miflaid,  or  deftroyed,  was  lawfully  intitled  to  receive  the  Hemp  or 
Flax  therein  mentioned,  and  fhali  take  a  Certificate  thereof  from  fuch  Juftice ;  and 
upon  producing  a  Certificate  of  fuch  Oath  to  the  Infpedor  who  figned  luch  Note, 
and  lodging  the  fame  with  him,  the  Infpcftor  (hall,  and  is  hereby  required  to  pay 
and  deliver  to  the  Perfon  obtaining  fuch  Certificate,  the  Hemp  or  Flax  for  which 
fuch  Notes  or  Receipts  were  given,  if  the  fame,  or  any  Part  fhall  not  have  been 
before  by  him  paid  by  Virtue  of  the  faid  Notes  or  Receipts,  and  fhall  be  thereby 
difcharged  from  all  Actions,  Suits,  and  Demands,  on  Account  of  fuch  Notes  or 
Receipts  :  And  it  any  Perfon  fhall  be  convicted  of  making  a  falfc  Oath,  or  produ- 
cing Certificate  in  the  Cafe  aforefaid,  knowing  the  fame  to  be  forged,  he  fhall  for- 
feit and  pay  Three  iPounds  for  every  Hundred  and  Twelve  Pounds  Weight  of 
Hemp  or  Flax  contained  in  fuch  Certificate ;  recoverable  before  any  Jurifdiction 
where  the  fame  is  cognizable ;  and  moreover,  upon  Conviction,  fhall  fufrer  as  in 
Cafes  of  Vi'i  Iful  and  corrupt  Perjury. 

VII.  AND  be  it  further  Ena5ied,  That  if  either  of  the  faid  Warehoufes  (hall 
happen  to  be  burnt  by  Accident,  the  Lofs  fuftained  thereby  fiiall  be  made  good  to 
the  Sufferers  by  the  Counties  in  which  the  Hemp  or  Flax  was  cultivated,  if  in  this 
Province ;  any  Law  or  Ufage,  to  the  contrary,  notwithftanding. 

VIII.  AND  whereas  the  Infpeiflors  to  be  appointed  by  this  Law  are  obliged 
to  certify  in  the  Notes  by  them  to  be  given  whether  the  Hemp  by  them  received 
be  Dew  or  Water  rotted,  and  alfo  in  what  County  and  Province  the  fame  was  culti- 
vated ;  Be  it  EnaSled,  That  the  faid  Infpedors  (hall  have  full  Power  and  Authority, 
before  they  deliver  any  fucli  Note,  to  fwear  the  Perlon  or  Perfons  bringing  them 
any  Hemp  or  Flax  to  be  inlpefted,  whether  the  fame  was  Dew  or  Water  rotted,  and 
in  what  County  or  Province  the  fame  was  cultivated  ;  and  upon  Delivery  for  Ex- 
portation any  Water  rotted  Hemp  or  Flax  that  may  have  been  cultivated  in  this 
Province,  the  faid  Infpeftors  fhall  deliver  to  the  Perfons  receiving  the  fame,  a  Lift 
or  Manifeft  of  fuch  Flemp  or  Flax,  under  their  Hands,  mentioning  where  tlie  fame 
was  cultivated,  with  the  Number  of  Bales,  and  Weight  of  each,  and  to  whom  de- 
livered ;  which  (aid  Manifeft  having  a  Certificate  on  the  Back  thereof  figned  by  the 
CoUeftor  and  Naval  Officer,  certifying  that  Oath  was  made  before  them  of  fuch 
Hemp  being  exported  from  this  Province,  in  v/hat  Veffel,  at  v/hat  Time,  and  by 
whom  fhipped,  Ihall  intitle  the  Perfon  or  Perfons  producing  the  fame  to  the  Bounty 
of  Sixteen  Shillings  and  Eight  Pence,  for  every  Hundred  Weight  of  Hemp,  and 

Thirteen 


Pen.     for   coon- 

terfeiting  Iiiljjes. 
tois  Nous. 


Procerd.  wficrc 

Infpeflors  Nctcl 
are  left. 


Where       Ware- 
houlcs  are  Isiut, 


Procefding.i,  to 
he  intitled  to  the 
B  untjr. 


422 


LAWS    of    North-Carolina. 


4.  D,  1768.  Thirteen  Shillings  and  Four  Pence,  for  every  Hundred  Weight  of  Flax  mentioned 
in  juch  Manii'eft,  to  be  paid  by  the  Treafurers  of  this  Province  out  of  the  Money 
in  their  Hands  for  Contingencies  -,  and  Ihall  be  allowed  them  in  their  Accounts, 
agreeable  to  an  A6t  oi  Aflembly,  paffed  in  the  Year  One  Thoufand  Seven  Hundred 
and  Sixty  Four,  intituled,  yf«  Act  for  encouraging  the  Culture  of  hhmp  and  Flax,  and 
other  Purpofesi 


Cnnfttluatife 


IX.  AND  be  it  further  Ena5fedy  That  this  Adi  (hall  continue  and  be  in  Force 
for  and  durin»  the  Term  of  Five  Years,  and  from  thence  to  the  End  of  the  next 
SefTion  of  Affemblyj  and  no  longen 


P?eambl8. 


CHAP.     XI. 

An  A£l  for  building  a  Public  Gaol,  and  Gaoler's  Houfe^  for  the  Diftri^l  of  Newbernj 
in  the  Town  of  Ncwbern.     (a) 

I,  "^  IT  r  H  E  R  E  A  S  the  Public  Gaol  for  the  t)iftri6l  of  Newhern  was  lately  con- 
YY     Turned  by  Fire^  and  it  being  neceffary  that  a  new  Gaol  Ihould  be  erefted 
in  the  laid  Diftrid  5 


f  rijftee^  sppciini-        \\,     B  E  it  therefore  j£nacted,   by  the  Governor,  Council,    and  Affembly,  and  it  is 

Gaol'  '""''^'"^  *    ^^f'^^by  Enaaed  by  the  Authority  of  the  fame.  That  Jacob  Blount,  Thomas  C'l.fford  Hoive, 

Richard  Cogdell,  Samuel  Cornell,  and  John  F/awks,  Eiquires,  be,  and  are  hereby  ap- 

Trufte(«  aiterfd,    pointed  Truftccs,  for  defigning,  contrading,  building,  and  finiihing  a  good  and 

i77of  cSp"ii'    fufficient  Gaol,  and  Gaoler's  Houle,  of  fuch  Dimenfions  and  Materials,  on  the  Lot 

of  Ground  in  the  Town  of  Newbern  where  the  Public  Gaol  lately  ftood,  as  to  them, 

or  the  Majority  of  them,  or  their  Survivors,  Ihall  feem  moft  proper  and  convenient ; 

which  Gaol  and  Gaoler's  Houfe,  when  fo  eredcd,  fliall   be,  continue,  and  remain, 

the  Public  Gaol,  and  Gaoler's  Houfe,  of  the  feveral  Counties  within  the  Diftricl  of 

Newbern  aforelaid. 


Tax    laid     for 

IfttilJsngth'.Oiol. 


lAexhoi  of  Reco- 
leTj  hum  Sheriffs 
failing  to  pay  it> 


HI.  AND  be  it  further  Enabled,  by  the  Authority  aforefahi.  That  there  fliall  be 
levied  on  each  and  every  taxable  Perfon  v/ithin  the  feveral  Counties  in  the  laid  Dif- 
tridl,  annually,  for  the  Term  of  Three  Years  mxt  after  the  pafTing  of  this  A6t, 
the  refpeftive  Sums  of  Money  following,  to  vnt.  On  each  taxable  Perfon  in  the 
County  of  Craven,  the  Sum  of  Two  Shillings,  Proclamation  Money  •,  and  on  each 
taxable  Perfon  within  the  Counties  of  Dobbs,  Carteret,  Pitt,  Beaufort,  and  FJyde, 
the  Sum  of  One  Shilling  and  Four  Pence,  like  Money  :  Which  faid  Taxes  fliall^ 
by  the  Sheriff  of  the  re!pc6live  Counties  aforefaid  for  the  Time  being,  be  coUeded 
in  the  fame  Manner,  and  under  the  fame  Penalties,  for  Non-Payment  thereof,  as 
is  direfted  by  Law  for  the  colledting  other  Public  Taxes  ;  and  the  Monies  arifing 
therefrom,  fhall  be  accounted  for  and  paid  by  the  faid  feveral  Sheriffs  to  the  Truf- 
tees  or  the  Majority  of  them,  or  their  Survivors,  as  aforefaid,  and  by  them  be 
applied  towards  difcharging  the  Contrails  they  Ihall  enter  into  for  the  Buildings 
aforefaid. 

IV,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  She- 
riff", who  fhall  be  chargeable  with  any  of  the  Taxes  by  this  Aft  aireiTiid,  fliall  neg- 
led  to  account  for,  and  pay  to  the  Truflees  aforefaid,  or  the  Majority  of  them,  or 
their  Survivors,  fuch  Sums  as  he  fhall  be  chargeable  with  in  Virtue  of  this  A6t:, 
after  deduftincr  the  ufual  Commiffions  for  collecting,  and  fuch  Infolvents  as  fliall 
be  allowed  for  by  the  Court  of  his  County  ;  the  faid  Trultees,  or  the  Majority  of 
them,  or  their  Survivors,  fliall  have  the  fame  Method  of  proceeding  againft  fuch 
Sheriff,  by  Motion,  as  is  by  Law  direfted  againft  Sheriffs  for  not  accounting  for 
other  Public  Monies  by  them  received. 

V.  AND 


(a)     See  Aft  Dec,  177s,  Cliap.  jr. 


ac- 
the 


L  A  IV  S    of    North-Carolina.  423 

V.  AN  D  be  it  further  EnaHed,  by  the  Authority  aforefaid^  That  the  Truftees,  or  ^' J^-  >768. 
the  Majority  of  them,  01  their  Survivors,  Ihall  immediately  proceed  to  the  Dif-  TiTikl^TTb^^d 
charge  of  the  Truft  by  this  Aft  repofed  in  them  ;  and  (hail  caule  the  laid  Buildings  ihe  g^oI  in  two 
to  be  finifhed  within  Two  Years  from  the  paiTing  of  this  Aft  ;  and  fhall,  imn-iedi-  ^"n't'  fo" 
arely  thereafter,  lay  an  Account  of  their  Proceedings  herein,  upon  Oath,  oi  all  t.«>. 
Monies  they  fhall  receive  and  pay  on  Account  of  the  laid  Buildings,  before  the 
Court  of  each  of  the  Counties  herein  named  for  their  Approbation  j  and  the  Sur- 

plufage  of  the  faid  Tax,  if  any,  fhall  be  by  them  paid  to  the  Juftices  of  the  faid  fe- 
veral  Counties,  in  Proportion  to  the  Number  of  Taxes  collefted  in  the  faid  Counties 
refpeftively  j  to  be  applied  towards  the  contingent  Charges  of  the  laid  Counties. 

VI.  AND  ie  it  further  Ena^ed^    hy  the  Authority  aforefaid^    That  after  fuch   Prironers  to  be 
Gaol  ihall  be  erefted,  when  any  Perfon  or  Perfons  (liall  be  apprehended  for  any   '^,°^^^i"'<5 1"'-* 
O.Tence  committed  within  the  Diilrift  aforefaid,  it  (hall  and  may  be  lawful  for  ihe 
Magiftrate  Or  Magitlrates  before  whom  fuch  Offender  fhall  be  examined,  if  he  or 

they  think  it  necelfary,  to.commit  fuch  Offender  to  the  aforefaid  Gaol  j  and  the 
Sheriff  of -the  County  for  the  Time  being,  where  fuch  Offender  fhall  be  apprehend- 
ed, is  hereby  authorized  and  required  to  convey  fuch  Offender  to  the  laid  GadI, 
and  deliver  him  or  her  to  the  Sheriff  or  Keeper  thereof,  and  take  a  Receipt  of  luch 
Sheriff  or  Keeper-,  which  fhall  be  his  Difcharge  for  fuch  Prifoner. 

VII.  AND  be  it  further  Enacted^    by  the  Authority  aforefaid.    That  after  the   Gaokr  to  be  em- 
faid  Gaol,  and  Gaoler's  Houfe,  fhall  be  built  as  aforefaid,  the  Sheriff  of  the  Co  inry   p'''^^'*' 

oi  Craven^  for  the  Time  being,  is  hereby  direfted  and  required  to  employ  fome 
Perfon  of  Integrity  to  be  Keeper  of  the  faid  Gaol  ;  who,  during  the  Time  any  Per- 
fon committed  for  a  capital  Offence  (hall  be  in  the  faid  Gaol,  fhall  conftantly  rcfide 
in  the  laid  Gaoler's  Houfe,  and  take  all  lawful  Ways  and  Means  for  preventing  the 
Efcape  of  fuch  Offender. 


CHAP.     XII. 

An  ASl  to  amend  an  A5f,  intituled^   An  Aft  for  facilitating  the  Navigation  of  Port 
Bath,  Port  Roanoke,  and  Port  Beaufort, 

I.  TYTHEREAS  it  is  found,  by  Experience,  that  the  before  recited  Aft  is  Pfeimbie. 
y  y     iniufficient  to  anfwer  the  falutary  Purpoies  intended: 

II.  B  E  it  Enacted,  hy  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  Tax  on  Vefftis 
of  the  fame.  That  the  following  Tuxes  (hall  be  paid  by  the  Mafter  or  Owner  of  "^c^!^  "  ^"'" 
each  and  every  Veffel  that  (hall  come  in  at  the  Inlets  of  Occacock  and  Roanoke,  and 

enter  in  the  Port  of  Currituck,  to  the  Colleftor  of  the  faid  Port,  that  is  to  fay  :  For 
every  VelTcl  of  Fifty  Tons,  or  u.uler,  Ten  Shillings ;  for  every  VelTel  above  Fifty 
Tons,  and  under  One  Hundred  Tons,  Twenty  Shillings;  and  for  every  Veffel 
above  One  Hundred  Tons,  Thirty  Shillings  ;  to  be  applied  towards  defraying  the 
Expence  of  erefting  Stakes  and  Beacons  in  the  Diftrift  of  Port  Roanoke. 

III.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Collector  of  cS""  *' 
Port  Currituck,  for  the  Time  being,  (hall  give  Securi'^ty,  in  the  Sum  of  Three  Hun  Bond.""  '***"* 
drcd  Pounds,  to  the  Commiffioncrs   appointed  by  the  before  recited  Act  for  Port 

Roanoke,  for  the  due  Performance  of  the  Truft  repofed  in  him,  and  for  his  account- 
in-^  with,  and  paying  to  the  faid  Commiffioners,  as  often  as  required,  all  fuch  Sum 
or  Sums  of  Money  as  (hall  be,  from  Time  to  Time,  by  him  received  ;  and  if  the 
faid  Collector  Ihall  refuTe  to  give  fuch  Security,  it  is  hereby  Enacted,  that  the  faid 
CommuTioners  of  Port  Roanoke  Ihall  and  may  appoint  another  Receiver  in  his  Place 
and  Stead,  who  fhall  have  fuil  Power  and  Authority  to  receive  the  faid  Tax,  aiv- 
^ng  Security  to  the  faid  CommifTioncrs. 


■IV.  AND 


424 


LAWS    of    North-Carolina. 


A.  D.    1768. 

Impowered        to 
meafure   Vcfftls, 


IV.  JND  be  it  further  Enabled,  by  the  Authority  nforefaid.  That  the  faid  Receiver 
of  Port  Currituck  (hall  have  lull  Power  and  Authority  to  go  on  Board  any  VtHel  in 
his  Port,  in  Order  to  meafure  and  afcertain  the  Burthen  of  fuch  Vefiel  •,  and  fhali 
likewile  have  Power  and  Autiiority  to  examine,  on  Oath,  the  Mailer  of  any  Veflcl 
for  that  Purpofe. 


tax  on  VefTeis  V.  AND  whcrcas  the  Taxes  on  VefTels  in  the  before  recited  Act,  for  defray- 
^uring  m  Bath,  j^^g  ^.j^^  Expence  of  crecting  Stakes  and  Beacons,  are  found,  by  Experience,  to  be 
jnlufficient  j  Bt  it  therefore  Enatled^  by  the  Mthority  aforefaid, .  That  the  following 
Taxes  fhall  be  paid  by  the  Mafter  or  Owner  of  each  Velfel  that  fhall  enter  into 
either  of  the  Ports  of  Bath,  Roanoke,  and  Beaufort,  to  the  Colledlors  of  the  refpec- 
tive  Ports,  in  Lieu  of  thole  heretofore  paid,  that  is  to  fay  r  For  every  Vefftl  of 
Fifty  Tonsj  or  under.  Ten  Shillings ;  for  every  Veflel  above  Fifty  Tons,  and 
under  One  Hundred  Tons,  Twenty  Shillings;  and  for  evefy  Veflel  above  OnC 
Hundred  Tons,  Thirty  Shillings. 


NoVfffa!  to  be 
cleared,  till  Tax 
(>aid. 


VI.  AND  be  it  further  Ena^ed,  hy  the  Authority  afore  faid.  That  frorh  and  after 
the  pafTing  of  this  A6t,  no  Colledor  of  either  of  the  aforefaid  i^orts  Ihall  clear  out 
any  Veflel  till  the  Mafter  fhall  have  produced  to  him  a  Certificate  from  the  Re- 
ceiver of  the  faid  Tax  of  his  having  paid  the  fame,  .under  the  Penalty  of  Twenty 
Pounds  -,  to  be  recovered'and  applied  in  the  fame  Manner  as  is  diredcd  in  the  be- 
fore recited  Ail. 

Commiflioncrs to  vil.  AND  whereas  the  Commiflloners  appointed  by  the  before  recited  A61  to 
If  un<i*rt  occa!  lay  off  Twenty  Acres  of  Land  on  the  Ifland  of  Occacock,  for  the  Ufe  of  the  Pilots, 
cock  for  fiiots.  i^ave  negleded  to  do  the  fame  in  the  Time  limited  in  the  laid  Ai5l ;  Be  it  therefore 
Enaoted,  by  the  Authority  afcrefaid.  That  any  Three  or  more  of  the  Ccmmlffiontrs 
fhall  attend  at  Occacock  Ifland,  and  value  the  fame,  on. Oath,  and  pay  the  Valuation 
Money  to  the  prelent  Owner  of  Occacock  Ifland,  and  take  a  Dttd  of  Conveyance 
for  the  faid  Twenty  Acres  of  Land,  to  be  vefted  in  the  Cx>mmiflloncrs  for  the  Na- 
vigation •,  and  for  the  Benefit  of  the  Public,  to  allot  and  lay  off  a  Part  to  every 
Branch  Pilot  who  may  hereafter  attend  to  pilot  and  conduct  Vcflcls  into  Occacock 
inlet,  by  a  Leafe  for  fuch  "Lot  as  is  aliigned  him  during  the  Time  of  his  Relidencc, 
and  no  longer-,  and  the  CommifTioners,  or  a  Majority  of  them,  may  remove  any 
Pilot,  difqualified,  from  any  Lot  or  Houfe  they  ei-ect  on  the  Ground  leafed  to  fuch 
Pilot,  and  leafe  the  fame  to  other  Pilots :  And  lor  defraying  the  Expence  of  pur- 
chafing  the  faid  Lands,  and  Ccmmiflioners  Expence,  the  leveral  Ports  of  Roc.ncke^ 
,Bath,  and  Beaufort,  Ihaii  pay  their  reipective  Quotas  as  in  oth'^T  Matters  is  directed ; 
and  the  faid  Twenty  Acres  of  Land,  lo  laid  out  by  the  Commiflioners,  is  hereby 
declared  to  be  vefted^in  the  Commiflioners  for  the  Time  being,  in  Fee-Simple,  to 
and  for  the  Ufes,  Intents,  and  Purpofes,  before  mentioned. 


PreamWe* 


Dl(r.>lute  Pcrlons 
not  to  bs  fiar- 
touted, 


CHAP.    xni. 

Ah  A51  concerning  idle  and  dijfoliite  Perfons. 

I.  TT  7  H  E  R  E  A  S  in  feveral  Parts  of  this  Province  there  are  idle  and  difiblutc 
YY  Perfons,  that  frequently  commit  atrocious  Crimes,  fuch  as  ftealing  Hof- 
fes,  robbing  Floufes,  and  the  like,  to  the  great  Injury  of  boneft  and  induftrious 
Inhabitants ;  and  as  fuch  Perfons  are  frequently  harboured,  maintained,  and  en- 
couraged, by  fom^  Houfckeepers  in  this  Province :  For  Remedy  whereof, 

II.  BE  it  Ena5fed,  by  the  Governor,  Council,  and  /'■Jfemhly,  and  by  the  Authority 
of  the  fame.  That  from  and  after  the  pafling  this  Act,  no  Perfon  or  Peribns  what- 
foever  Ihall  harbour  or  maintain  ia  or  about  his  or  their  Houfe  or  Plantation,  or 
knowingly  iuffer  to  refide  on  their  Land,  any  loofe  or  diforderly  Perfon,  who  has 
not  any  vifible  Way  of  Maintenance,  or  is  of  a  difhoneft  Character,  under  the  Pe- 
Baky  of  Twenty  Pounds,  Proclamation  Money,  for  every  fuch  Offence ;  to  be  re- 
covered' 


LAWS     of    North-Carolina. 


425 


covered  by  Action  of  Debt,  in  the  Inferior  Court  of  the  County  where  the  Offence    <*•  -O.    ly^^^- 
is  committed  ;  one  Half  of  which  Sum  (hall  be  paid  to  the  Perfon  informing  againft     ^*^ir   -* 
fuch  Offender,  and  the  other  Half  to  be  applied  to  the  contingent  Charges  of  the 
County  ;    and  liich  Offender  fhall  be  further  liable  to  be  bound  over  to  appear  at 
the  next  Superior  Court  of  the  Diftridl  where  fuch  Offence  is  committed,  there  to 
abide  the  Determination  of  the  faid  Court. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  on  an  Infor-  Pmccedrngs  on 
mation  being  made  to  any  Magillrate  in  this  Province,  of  any  Perfon  or  Perfons,  gafnftTny'perfon 
knowingly,  entertaining  in  or  about  his  Houfe  or  Plantation,  or  fuffering  to  refide  barb^unng  then.: 
on  their  Land,  fuch  loofe  or  diforderly  Perfon,  that  it  Ihall  and  may  be  lawful  for 
fuch  Magiftrate  to  iffue  his  Warrant  againll  fuch  Offender,  diredled  to  any  lawful 
Officer  within  the  County,  commanding  him  to  take  the  Body  of  fuch  Cffender  or 
Offenders,  and  to  bring  him  or  them  before  him,  or  fome  other  Magiftrate  of  the 
County  j  and  further,  command  the  faid  Officer  to  fummon  fuch  Witnefs  or  V/it- 
neffes  as  may  be  thought  neceffary  for  the  Convidtion  of  fuch  Offender :  And  on 
hearing  and  examining  fuch  Perfon  or  Perfons,  and  the  Witntffes  fo  fummoned,  he 
fhall,  if  it  be  requifite,  bind  fuch  Perfon  or  Perfons  to  appear  at  the  next  Superior 
Court  of  the  Diftri<ff:,  there  to  abide  the  Judgment  of  the  faid  Court  i  and  he  is 
likevvife  impowered  and  required  to  bind  any  Witnefs  or  Witneffes  he  may  think 
neceffary  to  fuch  Perfon  or  Perfons  Conviftion,  to  appear  and  give  Teftimony 
againft  him  or  them  at  the  faid  Court  -,  which  Court,  in  Cafe  of  the  Convidtion  of 
fuch  Offender,  Ihall  proceed  againft  him  or  them  according  to  Law. 


CHAP.     XIV. 
An  Act  for  dejlroying  Cro'-jos  and  Squirrels  in  the  fever  at  Counties  therein  mentioned.  EXP. 


ComTiKTunerf 
appninced  for 

builiiing  a   Gaol, 


CHAP.     XV. 

An  Act  to  impozver  the  Jufiices  of  Currituck  County  to  build  a  Prifon,  Pillory,  and 
Stocks,  in  the  faid  County-,  on  the  Lot  -ivhereon  the  Court-Houfe  now  fiands,  for  the 
Ufe  of  The  faid  County. 

I.   T  XT' HER  E  A  S  the  Prifon  in  the  County  of  Curriiuci  is  in  great  Decay,    and  in  fo  ruinous  a    I'mmblf, 
W     Condition,  that  the  Piiloners  cannot  be  held  or  detained  therein  :  Therefore, 

II.  B  E  it  Enaiied,  hy  the  Go-vernor,  Council,  and  j}£'embly,  and  by  the  Autlcrity  of  the  fame.  That 
yo/hua  Campbell,  John  Woon'houj'e,  and  William  Mackty,  are  hereby  appoinied  Conimiflioners  ;  and 
they,  or  the  Majority  of  them,  Ihall  and  may,  and  they  are  hereby  required,  within  Six  Months  after 
the  pafiing  of  this  Aft,  to  agree  and  contraifl  with  Workmen  for  the  building  and  ereding  a  new  Pri- 
fon, Piliory,  and  Stocks,  in  and  for  the  Ufes  of  the  County  aforefaid. 

III.  AND  be  it  further  Enalied,  by  the  Authority  aforefaid.  That  the  faid  Commiffioners,  or  the  irr.p-wercd  to 
Majority  of  them,  are  hureby  impowered  to  fell  the  old  Prifon  ;  and  the  Money  therefrom  arifing,  to  fell  the  old  Coyrc 
be  expended  and  laid  out  towards  the  erefting  the  aforefaid  Building,  for  the  L'fe  of  the  County  afore-    M""'-- 

f&id. 

IV.  AND  be  it  further  EnaBcd,   by  the  Authority  aforefaid.  That  a  Poll-Tax  of  Two  Shillings   be     Tax  laid, 
levied  on  each  taxable  Perfon  in  the  faid  County,  lor  Three  Years  next  enfuiiig  ;  which  Tax  lliall  be 
collefled   by  the  Sheriff  of  the  faid  County,    in  the  fame  Manner,  and  at   tlie  fame  'limes,  as  Public 

Taxes  are  by  Law  direfled  to  be  colieded,  and  by  him  accounted  for  and  paid  to  the  faid  Comnuffi- 
oncrs,  or  the  Majority  of  them  ;  and  fliall  by  them  be  applied  to  defray  and  pay  for  the  building  aud 
erecting  the  faid  Prifon,  Pillory,  and  Stocks. 


Commiflnners  to 
acoiinc   lut     lh« 


V.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  faid  Com  million  ers,  after 
the  Building  aforefaid  fhall  be  erected,  built,  and  finifhed,  (hall  render  an  Account  of  the  Monies  by 
them  received  by  Virtue  of  this  Act,  together  with  that  of  their  Difburfements,  to  the  County  Court 
cf  Currituck;  and  the  Overplus  (if  any)   to  be  applied  towards  lefTening  the  County  Tax. 

Vf.     AND  be  it  further  Enafied,    by  the  Authority  aforefaid.    That  all    and  every  Act  and  Acts,    ReneaIingCI»af«, 
Claufe  and  Claufes,  Article  and  Articles  thereof,  for  any  Matter  or  Thing  within  the  Purview  of  this 
A<H,  ihall  henceforth  be  repealed  and  made  void. 

H  h  li  CHAP, 


426 


LAWS    of    North-Carolina. 


A.  D.  1768. 


Pr«amble. 


Infpeftor   to     be 
appointed. 


Remedy  in  Cafe 
of  his  Non-At- 
Undante« 


CHAP.    XVI. 

An  A£}  for  appointing  an  InfpeSi or  for  the  Great  Ifland,  o^^<2/^/tf  Wilmington,  ^Brunf' 

wick  County. 

I,  TT  THE  RE  AS  great  Quantitlei  of  Naval   Stores,  and  other  Merchandize,  which  require 
VV    Infpeaion,  are  landed  on,  and  (hipped  from  the  Great  IJUnd,  oppofite  Wilmington,  knowa 
by  the  Name  of  Eagle*s  IJland ;  and  it  is  very  inconvenient  for  the  Infpeftor  of  Brun/wick  County, 
from  the  great  Diftanc©  of  his  Refidence,  to  attend  the  Infpeftion  thereof: 

II.  B  E  it  Enabled  hj  the  Governor ,  Council,  and  Affimbly,  and  by  the  Authority  of  the  fame.  That 
the  Inferior  Court  of  Brunfwick  County  are  hereby  authorized  and  required,  at  the  next  Court  to  be 
held  lor  faid  County  after  the  paffing  of  this  Adt,  and  in  each  fucceeding  Year,  at  the  Time  already 
appointed  by  Law,  to  choofe  a  fit  and  proper  Perfon  to  be  an  Infpedor  for  the  faid  Ifland,  called 
Eagle's  If  and;  under  the  fame  Rules  and  Regulations,  and  fubjedl  to  the  fame  Penalties,  as  other 
Infpeflors  appointed  in  this  Province  are  liable  to ;  who  fliall  have  and  receive,  for  all  Commodities 
infpeded  by  him,  the  fame  Fees  which  other  Infpeftors  are  by  Law  intitled  to  for  the  like  Services. 

III.  AN  D  be  it  further  Enailed,  by  the  Authority  aforefaid.  That  in  Cafe  the  Infpeftor  to  be  ap- 
pointed by  this  Aft  Ihould  abfent  himfelf  from,  or  not  pundlually  attend  the  Duties  of  his  Office,  it 
fhall  and  may  be  lawful  for  any  Perfon  or  Perfons,  having  Commodities  to  infpeft,  to  apply  to  the 
neareft  Infpedtor  appointed  by  Law,  in  that  or  any  other  County  ;  who  is  hereby  impowered  and 
required  to  infpeft  the  fame  ;  and  who  fhall  have  for  his  Trouble,  the  fame  Fees  which  the  Infpedor 
to  be  appointed  by  this  Aft  would  in  that  Cafe  be  intitled  to  receive. 


Preamble. 


Veflry 
ed. 


eflablift. 


CHAP.     XVII. 

An  A£f  for  ejiablifhing  the  Vejlry  eleSled  for  the  Parijh  of  St.  Stephen,  in  Johnfton 

County. 

I,  XT  THE  RE  AS  the  Sheriff  of  Johnfton  County  neglefted  to  fummons  the  Perfons  elefted 
VV  Veltrymen  for  the  Parifh  of  St.  Stephen,  in  the  faid  County,  on  Eafter  Monday  laft,  to  ap- 
pear and  qualify  themfelves  within  the  Time  by  Law  limited ;  and  altho'  the  Perfons  fo  elefted  did 
qualify  themfelves,  and  proceed  to  parochial  Bulinefs,  yet  fome  Difputes  are  likely  to  arife  in  Regard 
to  the  Legality  of  their  Proceedings : 

II.  BE  it  therefore  EnaSied  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of  the  fame. 
That  the  Velby  elefted  on  Eafter  Monday  laft,  for  the  Parifh  of  St.  Stephen,  in  John/ion  County,  be, 
and  is  hereby  ellablifhed  a  legal  Veftry  ;  and  the  Qualification  of  the  Members  of  the  faid  Veflry,  and 
all  their  Afts,  Orders,  and  Proceedings,  are  hereby  declared  to  be  as  good  and  valid,  to  all  Intent* 
and  Purpofes,  as  the  Afts,  Orders,  and  Proceedings  of  any  other  Veftry. 


PreanrtWe. 


Tax  U;d  foi  Con- 
tingencies. 


Appropriated. 


CHAP.     XVIII. 

An  ASt  for  defraying  the  contingent  Charges  of  Government,     (a) 

I.  TT  WHEREAS  the  feveral  Taxes  heretofore  laid,    for  defraying  the   contingent  Charges  of 
VV    Government,  have   ceafed ;  and   it   being   neceflary    that   a   Fund  be  eftablifhed  for  that 
Purpofe  : 

II.  B  E  it  Enaffed  by  the  Go'vemor,  Council,  and  Affembly,  and  by  the  Authority  of  the  fame.  That 
a  Poll-Tax  of  Two  Shillings  be  levied  on  each  taxable  Perfon  in  this  Province,  from  and  immediate- 
ly after  the  Ratification  of  this  Aft,  for  and  during  the  Term  of  Three  Years ;  which  Tax  fhall,  by 
the  feveral  Sheriffs  be  collefted,  accounted  for,  and  paid  to  the  public  Treafurers  in  the  fame  Man- 
ner, and  under  the  fame  Rules,  Reftrictions,  and  Penalties,  as  other  Taxes  are  by  Law  to  be  accounttd 
for  and  paid. 

III.  AND  be  it  further  Enabled,  That  the  Monies  to  be  raifed  and  paid  into  the  Treafury  in 
Virtue  of  this  Act,  ihali,  by  the  public  Treafurers  refpectively,  be  applied  towards  paying  the 
Claims,  Wages,  and  other  Allowances  nidde  by  the  General  Affembly  of  this  Province. 


CHAP.    XIX. 

An  Act  to  continue  the  Acts  therein  mentioned^  for  appointing  a  Militia.     EXP. 

C  H  A  P. 


(aj  This  Act  amended,  and  fuithcr  continued,  by  Act  Dec.  1770,  Chap.  37. 


L  A  IV  S    of    North -Carolina. 


427 


CHAP.     XX. 


^.  D.    1768. 


Jn  Act  to  amend  an  Act^  intituled^  An  Aft  to  encourage  Perfons  to  fettle  in  the 
Town  of  Brunfwicky  on  the  Southwejt  Side  of  Cape-Fear  River. 

I.  TT  7"  HERE  AS  the  Commirfioners  of  the  Town  of  Biunf^vick,  in  the  County  of  Brunfwick,     Pfeamble. 

VV  are  moltly  dead  or  removed  out  of  the  faid  Town  ;  and  thofe  few  who  are  iHIl  living,  and 
are  Reiidents  therein,  have  neglected  to  appoint  others  in  the  Room  of  fuch  Commiinonera  lo  dead 
or  removed; 


CommifTi  iners  to 
be  ch  fen. 


II.  B  E  it  EnaSled  by  the  Go-jernor,  Council,  and  /^Jfimbly,  and  it  is  hereby  Enabled  by  the  Autlxrity 
cf  the  fume.  That  from  and  after  the  paifing  of  this  Act,  fuch  of  the  inhabitants  of  the  faid  Town  of 
Brunj-Mick  as  are  intitled  to  vote  for  a  Reprefentative  to  fit  and  vote  in  the  General  Affembly  of  this 
Province,  are  hereby  ajthorized,  impowered,  and  required,  to  meet,  annually,  at  the  Court  Houfe 
in  the  faid  Town,  on  the  Firll  Tuefday  (li  May  next,  and  on  the  Firlt  Tuefday  oi  May  in  each  fuc- 
ceeding  Year,  to  choofe  Three  Commiifioners  for  the  iaid  Town,  to  fcrve  for  one  Year  ;  and  the  faid 
Cocimiffioners,  or  the  Majority  of  them,  or  the  Survivors  of  them  io  chofen,  are  hereby  veiled  with, 
and  declared  to  have  tlie  fame  Powers  and  Authotities  that  any  Commiflioners  of  the  faid  Fosvn  have 
heretOi'ore  hid,  ufcd,  exerclfed,  or  enjoyed,  by  Virtue  of  an  Act  ot  Ailembly,  intituled,  jin  Ad  to 
encourage  Pe'jo.is  to  fettle  in  the  Tonvn  of  lirunlwick,  on  the  Southwell  iiide  of  Cape-Fear  Ri-uer  ;  and 
further,  the  Comniilfioners  of  the  faid  Town  are  hereby  authorized  and  impowered,  to  lay  out  Alleys, 
Sueets,  and  Squares,  in  and  through  any  Par:  of  the  laid  Town,  vvliich  may  be  for  the  Intereit  and 
Coavenience  of  the  Inhabitants  thereof. 

III.  AND  be  it  further  Eiiaaed,  (Jj- /,6^  .<^«/^,&or/Vy  rt/brf/a/V,  That  every  Claufe  and  Part  of  the  Act,     RcpealingClaule. 
intituled,   An  Ail  to  encourage  Perfons  to  felt  le  in  the  'foivn  lyBrimfwick,  on  the  Southwell  Side  of  Cape- 
Fear  Riuer,  within  the  Purview  of  this  Act,   be,  and  is  hereby  henceforth  repealed  and  maae  void. 


CHAP.     XXI. 


Preamble. 


Triiftee?.i 
cd  f'  r  ba 
a  Gaol. 


Trufr.-rt 
l.y   A  a 
ber  1771 
16. 


a'tered, 
N.  vc.n- 
,  Ghap, 


Tax  laid  for  it. 


Am  At^  for  erecting  in  the  7'o':vn  of  SaWfhury,  a  public  GaoJ^  Tillory^  and  Stocks,  for  the 
Diftrict  of  Salilbury,  in  this  Province,     (a) 

I.  WJ  H  E  R  E  A  S  the  Gaol  formerly  erected  for  the  Diilrict  of  Sulifbury,  is  found  infufficient  to 
y  V     f-cure  the  many  Felons,  and  oilier  Prifiners  committed  thereto  ;   by  which  Means  Numbers 
of  1  ofe  and  difjrdorly  Perfons  arc   daily  conuniting  die  moll  attrocious  Crimes  with  Impunity  :    For 
Remedy  whereul, 

II.  B  E  it  EnaSlcd  bv  the  Governor,  Cour^cil,  and  Affembly,  and  by  the  Authority  of  the  fame.  That 
from  and  after  the  palling  of  this  Act,  'John  Frohock,  Matheiu  Lock,  and  John  Dunn,  Ihail  be,  and 
they  are  hereby  appointed  and  conilituteu  Trulkes,  to  dehgn,  contract  for,  and  caufe  to  be  built  and 
finilhed,  a  fubllantial  and  fufhcient  Gaol,  of  fuch  Dimen/ions  and  Materials,  and  on  fuch  Part  of 
the  Lot  as  was  granted  by  the  Truilees  of  the  faid  Tov^'n  of  SaUfhury  for  that  Purpofe,  whereon  the 
Gaol  now  llands,  as  to  them,  or  the  Majority  of  them,  lliall  fcem  mull  proper  and  convenient;  which 
Gaol  fo  erected,  Ihall  be  and  remain  the  public  Gael  of  the  County  of  Rowan,  aad  Diitiicc  of 
Salifhury. 

III.  AND  be  it  further  EnaHcd,  by  the  Authority  af ore  faid.  That  a  Poll -Tax  of  One  Shilling 
fhall  belaid  on  each  taxable  Peifin  within  the  County  oJ  Rowan  ;  and  Eight  Pence  on  each  taxable 
Pt-rfon  within  the  Counties  of  Mtr-t/f/z.^.v;-^  and  Anfon,  annually,  for  the  Term  of  Two  Years,  next 
after  the  palling  o/  this  Act:  Which  laid  reipective  I'ax  (hall,  by  the  SherifF  of  each  of  the  faid 
Counties  i'or  the  Time  being,  be  collected  in  the  fame  Manner,  and  under  the  fame  Penalties,  for  the 
Non-Payment  thereof,  as  is  directed  by  Law  for  the  collecting  other  public  Taxes  ;  and  the  Monies 
arifing  therefrom,  ftiall  be  paid  by  the  faid  Sheriffs,  refpoctivjly,  to  the  Truilees  in  this  Act  named  ; 
to  be  by  tliem,  or  the  Majority  of  them  as  aforefaid,  applied  towards  difcharging  the  Contracts  they 
fliall  enter  into  for  the  Buildings  in  thli  Act  directed. 

IV.  AND  whereas  by  an  Act  of  AfTembly  paflld  at  Wilmington,  in  the  Year  of  our  Lord  One     OtherM  r.ics  ap- 
Thoufand  Seven  Hundred  and  Sixty-four,   intitu'ed.   An  Ail  for  laying  a  Tax  on  the  Inhabitants  of  the     Pf^'pf'^ttd  for  x. 

fcvera!  Ccunties  of  the  Difriei  of  S.dilbury  Superii^r  Cuurt,  to  repair  the  public  Gaol  thereof,  a  Poll-Tax 
was  levitd  on  the  Taxabks  in  the  feveral  Counties  of  Roivan,  MeckUul-urg,  and  Anfcn,  for  repairing 
the  Gaol,  erecting  a  Widl  round  the  fam?,  and  building  a  Gaoler's  Hcjule  ;  which  Act  has  no:  been 
carried  into  Execution  :  Be  it  therifore  EnaCled,  by  the  Authority  aforejaid.  That  the  Tax  cTlected  and 
unapplied  to  the  Purpofes  in  that  Act  mentioned,  fliall  be  paid  into  the  Kar.ds  cf  the  faid  John  Fro- 
hr.ck,  Mathc-^v  Lock,  and  'John  Dunn,  or  the  Majority  of  them  ;  to  be  by  them  applied  towards  the 
Building  in  this  Ace  directed  :  And  the  Prifon  now  belonging  to  the  faid  Diltrict,  is  hereby  veiled  in 
the  faid  'Jiihn  Frohock,  Miiihe-^^i  Lock,  and  fohn  Dunn  ;  to  be  l.y  them,  or  the  Majority  of  lliem,  ll)Id  ; 
and  the  Money  ariling  fr  un  the  Sale  thereof,  to  be  by  them  alfo  applied  to  the  Purpofes  in  this  Act 
mentioatd  ;  a{.d  if  the  Money  a.-ifmg  by  Virtue  ol  this  Act,  and  the  before-mentioned  Act,   fhall   be 

H  h  h   2  more 


(a)  See  Ait  No/.  1771,  Chap.  \G,  fo»- amending  this  Act. 


428 


LAWS    of    North-Carolina. 


A.  D.    1768. 


Tax    how    reco- 
vered ixoxn  She- 


Criminalt  to  he 
C"nnnittnl  to 
Gaol. 


Ml  here  th-y  are 
uin'.)le  to  p.iy 
Ffts,  to  be  paid 
by  the  Public, 

Truftees  to  finlfh 
the     Gi  il,     and 

l.iy  an  Account  of 
thsir  I'rice'dings 
before  the  Cyuit. 


more  than  fufficient  to  compleat  the  Buildings  herein  directed,  the  Surplus  thereof  (hall,  by  the  Truf- 
tees, be  paid  to  the  Court  of  each  County  above-mentioned,  in  Proportion  to  the  Sum  collected  from 
each  County  J  and  paid  by  the  SheriiFs  to  the  faid  Trullees  ;  and  by  the  Juflices  of  the  faid  Courts  to 
be  applied  towards  defraying  the  contingent  Charges  of  their  County. 

V.  AND  be  it  further  Enabled,  by  the  Authority  oforefaid.  That  if  any  Sheriff,  chargeable  with 
any  of  the  Taxes  by  this  Aft  affefled,  fhall  negleft  or  refufe  to  account  for  and  pay  unto  the  Trullees 
in  this  Aft  named,  the  whole  Sum  he  Ihall  be  chargeable  with  in  ^^irtue  of  this  Aft,  after  dedufting 
the  ufual  Commiffions  for  collefting,  and  fuch  Infolvents  as  Ihall  be  allowed  by  the  Court  of  his 
County,  the  faid  John  Frohock,  Matheiv  Lock,  and  John  Dunn,  or  the  Majority  of  them,  iliall  have 
the  fame  Method  of  proceeding  againft  fuch  Sheriff,  by  Motion,  as  is  by  Law  given  againlt  Sheriffs 
for  not  accounting  for  other  public  Monies  by  them  received  ;  and  fuch  Proceedings  ihall  be  good  and 
valid  in  Law,  in  any  Court  of  Record  within  this  Province,  Refpeft  being  had  to  the  Jurifdiftion  of 
fuch  Court. 

VL  AND  be  it  further  EnaSied,  by  the  Authority  afcrefaid.  That  after  fuch  Buildings  fliall  be 
made  as  aforefaid,  when  any  Perfon  or  Perfons  within  the  Dillrift  of  Salijhury,  fhall  be  apprehended 
for  any  criminal  Offence,  that  on  Conv'ftion  thereof  would  incur  the  Lofs  of  Life  or  Member,  it 
fhall  and  may  be  lawful  for  any  Juflice  of  the  Peace  in  any  County  within  the  Diftrift  afcrefaid,  be- 
fore whom  an  Examination  of  fuch  Criminal  fliall  be  had,  if  faid  juUicc  fhall  think  it  ncceffary,  to 
commit  fuch  Criminal  to  the  aforefaid  Gaol  :  And  the  Sheriff  of  the  County  wherein  fuch  Criminal 
fliall  be,  is  hereby  direfted  and  ordered  to  convey  fuch  Criminal  to  the  faid  Gaol,  and  deliver  him  or 
them  to  the  Sheriff  or  Keeper  thereof,  and  take  a  Receipt  for  fuch  Prifoiier  or  Prifoners  from  the  faid 
Sheriff  or  Keeper  ;  who  are  hereby  direfted  and  required  to  receive  fuch  Criminal,  and  pive  fuch 
Receipt ;  which  fhall  be  his  Difcharge  for  fuch  Criminal  or  Criminals. 

VIL  AND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  all  incident  Charges  attend- 
ing the  Commitment  and  Keeping  of  fuch  Criminal  or  Criminals,  fhall,  if  fuch  Criminal  or  Crimi- 
nals have  not  fufficient  Ellate  to  fatisfy  the  fame,   be  paid  by  the  Public. 

VIIL  AND  be  it  further  EnaBed,  by  the  Authortty  aforefaid.  That  the  Truflees  in  this  Aft  named, 
fhall  immediately  proceed  to  the  Difcharge  of  the  Trult  by  this  Aft  repofed  in  them  ;  and  fhull  caufe 
the  faid  Buildings  to  be  finifhed  within  One  Year  from  the  paffing  tliis  Aft,  at  fartheft  ;  and  on  the 
Expiration  of  that  Term,  they  fhall  render,  upon  Oath,  a  true  State  of  their  Proceedings ;  with  an 
Account  of  all  Monies  as  they  fhall  receive  by  Virtue  of  this  Aft,  and  the  Sums  paid  by  them  on 
Account  of  the  faid  Buildings,  before  the  Inferior  Court  of  ^oxy««  County,  for  their  Approbation. 


C   HAP.     XXIl. 


Private, 


Sived  Lots  vcrti  d 
in  the  Granite. 


Dlre'lrirt 
pointed, 


An  ASl  to  continue  an  A6l^  intituled^  An  Aft  for  enlarging  the  Time  allowed  for 
iaving  Lots  in  the  Town  of  Hertford^  and  other  Purpofes ;  and  to  eftablflo  a 
Ferry  from  the  Town  c/ Hertford,  on  the  Weft  Side  of  Perquimons  River,  to  New- 
by's  Pointy  on  the  Eaft  Side  of  the  faid  River. 

L  -«  T  7  HER  E  AS  by  an  Aft  of  Affembly  pafTed  at  Nenjubem,  in  the  Third  Year  of  the  Reign  of 
VV  ^'s  prefent  Majefty,  intituled,  An  Ad  for  enlarging  the  Time  alloived  for  fiving  of  Lois  in 
theToivnof\ie.xx{or<i,  and  other  Purpofs,  among  other  Things,  it  is  provided,  that  the  Grantee  of 
every  Lot  in  the  faid  Town  fhall,  within  Five  Years,  ereft  and  finiih  a  floufe  of  the  Dimenfions 
fpecified  in  an  Aftof  Affembly  paffed  in  the  Thirty  fecond  Year  of  the  Reign  of  his  Majelly  King 
George  the  Second,  intituled,  An  Acl  for  eflahlijhing  a  Town  on  the  Land  of  Jonathan  Phelp's,  of 
Perquimons  County;  which  Term  of  Five  Years  is  now  expired,  and  many  of  the  Lots  in  the  faid 
Town  of  Hertford  not  faved  agreeable  to  the  before  recited  Aft. 

n.  B  E  it  therefore  EnaBed,  by  the  Governor,  Council,  and  Affembly,  and  it  is  hereby  EnaBed  by  the 
Authority  of  the  fame.  That  every  Lot  in  the  faid  Town  oi  Hertford,  on  which  a  Houfe  ilipJi  be  ereft- 
ed  and  ic)uilt,  of  the  Dimenlions  mentioned  in  the  faid  recited  Aft,  within  the  Space  of  Three  Years 
after  the  Date  of  the  Conveyance  made  for  the  fame,  fliall  be,  and  are  herel)y  declared  to  be  veiltd  in 
the  Grantee  thereof,  in  Fee-fimple ;  any  Thing  in  either  of  the  aforefaid  Afts  to  the  contrary  not- 
withllanding. 

in.  AND  whereas  feveral  of  the  Direftcrs  of  the  faid  Town  are  dead  or  removed,  whereby  their 
Offices  are  become  vacant  ;  Be  it  therrfre  EnaBeJ,  by  the  Authority  aforefaid.  That  from  and  after  the 
paffing  of  this  aft,  fohn  Harvey,  fohn  Clayton,  Sitb  '•  unimr,  ll'iiliam  Skinner,  and  Francis  Nixon,  be, 
ai.d  dre  hereby  appointed  Direftors  of  the  laid  'Ft/wn  ;  and  nwy  ufe  and  exercifc  the  f;;me  Piwers  and 
Authorities,  as  the  Direftors  appointed  by  the  before  recited  Aft  could  or  might  have  exercifed,  ufed 
tr  enjoyed,  by  Virtue  of  the  fame:   And   in   Cafe  of  the   Death,  Refufal  to  aft,  or    Removal  out  of 

the  County  of of  any  of  the  faid  Direftors,  the  furviving    or  other  Direftors,  or  the  Majority 

of  them,  fhall,  and  they  are  hereby  impowercd  and  lequired,  to  choofe  another  Direftor  or  Direc- 
tors, in  the  Room  of  him  or  them  lb  dying,  rcfufing  to  aft,  or  removing  out  of  the  County,  agreeable 
to  the  Direftions  of  the  fuid  Aft. 


iV.  AND 


L    A   iV  S      of     N  O  R  T  H  -  C  A  R  O  L  1  N  A. 


429 


IV.  AND  whereas   the   Ccurt-houfe  in    Perquimont   County,  is    fituatcd  in  the  Town   oi Hert- 
ford,   on  the   Wejl  Side  of  Perquimans  River  ;     and  the   Inhabitants  on   the   Eaji  Side  of  the   faid 

River,  are  obliged  to  attend  at  the  faid  Court-houfe  during  the  Sitting  of  the  Inferior  Court,  at  the 
Election  of  Members  of  the  Aflembly,  and  Veftrynien,  General  Multers,  and  Court-Martials,  of  the 
faid  County  ;  and  the  Ad  of  Afiembly  heretofore  made  for  defraying  the  Expence  of  luch  Fernas^e, 
will  expire  at  the  End  of  this  prefent  Seffion  of  Allembly:  Be  it  therefore  E nailed,  by  the  Authori- 
ty aforefaid.  That  the  Inferior  Court  of  the  faid  County  oi  Perquimons,  are  hereoy  auiiiorizcd,  im- 
powered  and  required,  at  the  next  Court  to  be  held  after  the  Firit  Day  oi May,  yearly,  to  lay  a  Tax, 
not  exceeding  Three  Pence  Proclamation  Money,  on  each  taxable  Perfon  in  the  faid  County  ; 
to  be  collefted  and  accounted  for  with  the  inferior  Court  of  the  faid  County,  by  the  Sheritioi  the 
faid  County,  in  the  fame  Manner,  and  under  the  like  Regulations  and  Rcftnclions,  as  other  Taxes 
lA  the  faid  County  are  to  be  collefted  and  accounted  ior  ;  and  to  be  by  the  faid  Court  applied  and 
appropriated  as  a  Premium  or  Reward  to  the  feveral  Ferrymen  now  appointed,  or  hereafter  to  be  ap- 
pointed by  the  Court  of  the  faid  County,  to  keep  a  Ferry  from  Hertjord  X.o  Ncwby^s  Point,  and  from 
NezvSj'ii  Point  to  H.riford ;  for  which  they  Ihall,  and  are  hereby  obliged,  to  fet  over.  Ferriage  free, 
all  Perlons  reudent  in  the  faid  Couniy,  going  to,  and  returning  from,  the  Court  or  Veiliy  of  the  fuid 
County,  Elections  of  Burgeffes  and  Vellrymen,  Multers  and  Court  Martials,  of  the  faid  County. 

V.  AND  he  it  further  Enafled,  by  the  Authority  aforefaid.  That  the  Inferior  C'^urt  of  the  faid 
County  are  hereby  authorized,  impowered,  and  required,  out  of  the  Monies  ariJmg  by  the  Tax  lo 
laid  and  cnlleded  as  aforefaid,  yearly,  and  every  Year,  to  allow  and  pay  to  the  feveral  Ferrymen  at- 
'ending  at  the  I'erry  aforefaid,  (uch  Sums  of  Money  as  they  ihall  think  reafonable,  ft.r  tiicir  Irouhle 
in  trsnfporting  all  Perfjns  who  Ihall  or  may  have  Occalion  to  attend  the  fdid  Court-Houfe,  on  the 
Days  ar.d  Times  aforefaid. 

VI.  AND  be  it  further  EnaBed,    by  the  Authority  aforefaid.    That  the  Ferrymen  that  now  are  ap-     Fcrfon)      to    be 
pointed,  or  Ihall  hereafter  be  appointed,  by  the  Court  of  ttie  laid  County  to  keep  a  l-erry  at  Hertford    Ferryfrce, 
and  Ne-wby's  Point,  are  hereby  required  to  ferry  over  the  faid  River,  free  of  any  Expence,  all  Pcrfuns 

relident  in  the  faid  County,  during;  tiie  Sitting  of  the  Inferior  Court,  and  Vellry  ot   tne  laid  County  ; 


All'wnnre 
Ferrymen, 


F?rrv-K"ppcrs  to 
give  Bjnd, 


v-uuiiiy . 

VII.  AND  be  it  further  Enaiied,  by  the  Authority  aforefaid.  That  it  (hall  and  may  be  lawful  for 
the  JuAices  oi  trie  Lid  Court  to  take  Bond  and  Security  of  the  faid  ¥criy  Keepers,  in  tiie  Sum  of 
Twenty  Founds,  Proclamation  Money,  ior  their  due  and  faithful  Performance  of  the  abovefaid  Ad; 
and  that  all  Fines  becoming  due  by  Virtue  of  this  At\,  lliail  be  paid  to  the  Juiaces  of  the  faid  Court ; 
to  be  by  them  applied  towards  defraying  the  Charges  of  the  County. 

VIII.  AND  be  it  further  EnaBed,    by  the  Authority  aforefaid.  That  this  Act  fhall  continue  and  be     Continum  e     of 
in  Force  for  and  during  the  Term  of  Seven  Years,  from  and  after  the  paffing  thereof,  and  from  thence     the  Aft. 

to  the  End  of  the  next  Seffion  ol  Aifembly,  and  no  longer. 


CHAP.     XXIII. 

An  Act  to  amend  an  Act^  intituled^  An  Aft  for  the  Regulation  of  the  Town  of  Wil- 
mington.    EXP. 


CHAP.     XXIV. 

An  Act  for  laying  out  a  Public  Road  from  the  Frontiers  of  this  Province,  through  the 
Counties  of  iVIeckknburg,  Rowan,  Anion,  and  Bladen,  to  Wilmington  aid 
Briinfwick. 

I.   "IT  7  HE  RE  AS   a   public  Road   from   the  Frontiers   of  this  Province  through  the  Counties  of    [',ivate 

YV  Meckleii/nirg,  Ri-nan,  Aifon,  ar.d  Ji/adej:,  to  If'ilmington  ■eL{)d  Brunfwiek,  would  be  of  "rcat 
Utility  and  Advantage  to  the  lnhal)it:nits  of  the  Wellern  Part  of  this  Province,  and  others,  and  would 
tend  much  to  the  Advancement  of  Tiade  and  Commerce  : 


11.  Ji  E  it  therefore  Ennfird,  by  the  Go-uernor,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame, 
Thit  M.W  1)1  Phifr,  'Join  Pi.lk,  'John  Frohcck,  Grifith  Rutherford,  Charles  Medlock,  'John  Collfcn, 
Hi'gh  H'addell,  Archibald  M'Kfick,  and  Robert  Johnjion,  be,  and  are  hereby  appointed  Commifhoiiers 
fur  layir'^  out  the  fail  Road  ;  and  they,  or  the  Majority  of  tJiom,  are  hereby  authorized  and  direded, 
within  Six  M(.iuhsni-xt  aj'ttr  the  palling  this  AA,  to  lay,  mark,  or  U.ike  out,  or  caufc  to  be  laid 
marked,  or  flaked  our,  a  public  Road  from  the  Frontiers  of  the  faid  Province  througli  the  faid  Counties 
ci  Mecklenburg,  R'.ujan,  Anfon,  und  Bladen,  the  nearell  and  hti^  Wzy  to  Wilmington  a.nd  Brunfivick  ; 
and  jhe  faid  Commifliocers,  or  a  Majority  of  them,  af:er  having  marked,  iL-iked,"and  laid  out  tlie  faid 

Road, 


Comrnifiloneri 
app  iitrd  ro  lay 
out  .1  Kni, 


43©  LAWS    of    North-Carolina. 


ji.  D.  1768.  Road,  fhall,  and  arc  hereby  impowered  and  direfted,  to  make  an  accurate  Plan  thereof ;  and  the  fara« 
to  return,  with  an  Account  of  their  Proceedings,  to  the  next  Inferior  Court  of  Pleas  and  Quarter  Sef- 
fions  to  be  thereafter  refpedively  held  for  the  Counties  aforefaid  ;  and  the  Juftices  of  the  laid  refpec- 
tive  Courts  are  hereby  direded  to  leceive  the  fame,  and  are  thereupon  ordered  and  authorized  to  appoint 
fo  many  Overfeers  of  the  faid  Road  within  their  refpetlive  Counties,  as  to  the  faid  JulUces  fhall,  from 
Time  to  Time,  appear  convenient  and  neceffary  ;  and  the  faid  Overfeers,  and  the  Inhabitants  of  the 
faid  Counties,  refpeflively,  being  contiguous  to  the  faid  Road,  fliall  be  fubjedf  to  open,  clear,  and 
work  on  the  fame,  fo  to  be  marked,  llaked,  and  laid  out  as  aforefaid;  under  the  fame  Regulations, 
and  Ihall  be  liable  to  the  fame  Fines  and  Penalties,  prefcribed  and  inflided  on  Delinquents,  by  an  Act 
of  Affembly,  intituled,  Jn  A£i  to  impoiver  the  Inferior  Courts  of  the  federal  Counties  tn  this  Pro'vince  to 
order  the  laying  out  of  public  Roads,  and  ejlablijb  and  fettle  Ferries  ;  and  to  appoint  luhere  Bridges  jhall  he 
built,  for  the  Ufe  and  Eafe  of  the  Inhabitants  of  this  Pro-jinct,  and  to  clear  na-vi^able  Rivers  arid  Creeks, 


CHAP.     XXV. 

An  ASi  for  annexing  Part  of  Northampton  County  to  the  County  <j/Bute, 

p.  I.    tTTHEREAS  the  Inhabitants  of  the  upper  or  weflermoft  Corner  of  Northampton  County  labour 

y  y  under  great  Inconveniencies,  in  attending  the  Courts,  and  other  public  Meetings,  of  the 
faid  County,  at  the  Court-Houfc  tiiereof ;  and  being  more  convenient  for  thofe  Purpofes  to  the  County 
oi  Bute,  are  defirous  of  being  annexed  theieto  : 

County  divided.  II.      B  E  it  Enafted,  by  the  G  ever  nor.   Council,  and  Jfjemhly,  and  by  the  Juthority  of  the  fame,  That 

Thomas  Eaton,  tf'illie  Jones,  and  Benjamin  Perfon,  Efquires,  be,  and  are  hereby  appointed  Commilli- 
oners  ;  and  they,  or  the  Majority  ot  them,  are  required  and  directed,  within  Three  Months  after  the 
pafling  of  this  Act,  to  run  and  mark  (or  caufe  the  fame  to  be  done)  a  Line  from  Roanoke  River  Bank, 
oppofite  the  Mouth  of  Stone  floufe  Creek,  a  due  North  Courfe  to  the  dividing  Line  between  this  Pro- 
vince and  the  Colony  of  Firginia  ;  and  all  that  Part  bounded  to  the  Ealhvard,  by  the  Line  above  di- 
rected to  be  marked,  and  to  the  Northward  by  the  Virginia  Line,  to  where  it  crofles  Roanoke  River, 
fhall  be,  and  is  hereby  annexed  to,  and  made  Part  of  the  County  of  Bute  ;  and  the  Inhabitants  thereof 
Ihall  be  fubject  and  liable  to  the  fame  Rules,  Orders,  Taxes,  and  Privileges,  as  any  other  of  the  In- 
habitants of  the  faid  County  of  Bute. 

Not  to  hinder  the  HI.  PRO  FID  ED  always.  That  nothing  herein  contained  fhaJl  be  conftrued  to  hinder  the  She- 
Sheriff  for  dif-  riffof  the  County  of  iV(j7V/&«w/)/o«  from  collecting  or  diftraining  for  any  Taxes,  or  Arrears  of  Taxes 
training  for  Tax-  now  due,  and  which  he,  as  Sheriff  of  A'^5r/-^fl//;//o«,  is  or  may  be  accountable  for,  from  any  Inhabi- 
as  before  tbe  ^^^^^  within  the  Bounds  above  defcribed. 


Divifion, 


CHAP.     XXVI. 

An  ASl  for  ejlablifoing  a  Town  on  the  Land  of  William  Gray,  o/j  Cufhie  Rfver^  in 

Bertie  County. 

Private.  I.   ■«  T  7  H  E  R  E  A  S  it  hath  been  reprefented  to  this  Affembly  that  the  Land  of  IViUiam  Gray,  lying 

V V     on  the  South  Side  of  Cupie  River,  at  a  Phice  known   by  the  Name  of  Grafs  Landing,   in 

Bertie  County,  is  a  pleafant  and   heqlthy  Situation,  and  commodious  for  T'ade  and  Commeice  ;  and 

the  faid  William  Gray  having  acknowledged  his  free  Confent  to  have  One  Hundred  Acres  ot  the  faid 

Land  laid  off  for  a  Town,  which  will  greatly  promote  the  Trade  and  Navigation  of  the  faid  River  : 

Windfoi  erefled.  jj_      B  E  it  therefore  EnaSed,   by  the  Governor,   Council,  and  Affembly,   and  by  the  Authority  cf  the  fame. 

That  the  faid  One  Hundred  Acres  of  Laud,  beginning  at  a  Stake  by  a  fniall  Branch  on  the  River  Side, 
and  running  thence  North  Forty  Two  Degrees  Well  One  Hundred  and  Sixty  Eight  Poles;  then 
North  Twenty  One  Degrees  Eaft  Forty  Poles  ;  then  North  Sixty  Five  Degrees  Eaft  One  Hundred  and 
Twenty  Tv/o  Poles,  to  the  Centre  of  a  Hickory,  White  Oak,  and  Maple,  en  the  faid  River  Side  ; 
and  then  down  the  Meanders  of  the  faid  River  to  the  Beginning  ;  laid  off  in  Lots  and  Streets,  with 
Part  tiiereof  for  a  Common,  according  to  a  Plan  laid  before  this  Affembly,  be,  and  the  fame  is  hereby 
conlUtuted,  ereded,  and  eltablifhed  a  Town,  and  fhall  be  called  by  the  Name  of  Windfor. 

Diref>iii5        ap-  m.      AND  be  it  further  EnaSlcd,   by  the  Authority  aforefaid.  That  from  and  after  the  pafling  of  thi» 

liainted.  p^^^    Culltn  Pollock,    and   fohn  Davifon,    Efquires,    Thomas  Ballard,    William  Williams,    and   Daiid 

Stanley,  Gentlemen,  be,  and  they  and  every  of  them,  are  hereby  conlli:uted  Dircdors  and  TruHees, 
for  dcfigning,  building,  and  carrying  on  the  faid  Town  ;  and  they  fhall  ftand  feized  of  an  indefcafible 
Eftate,  in  Fee-Simple,  of  and  in  the  faid  One  Hundred  Acres  of  Land,  laid  off  as  aforefaid,  to  and 
for  the  Ufes,  Intents,  and  Purpofes,  hereby  expreffed  and  declared ;  except  Four  Lots,  known  and 
defcribed  in  the  aforefaid  Plan  by  their  refpedive  Numbers  Eleven,  Twelve,  Eighty  Four.and  Eighty 
Six,  which  are  hereby  referved,  to  the  only  Ufe  and  Behoof  of  the  faid  William  Gray,  his  Heirs  and 
Afiigns,  for  ever  :  And  the  faid  Diiedors,  or  any  Three  of  them,  fhall  have  full  Power  and  Authority 
to  meet  as  often  as  they  fhall  think  neceffary ;  and  to  appoint  a  public  Quay,  at  fuch  Place  on  the  faid 
River,  within  the  Bound*  of  the  faid  Town,  for  a  public  I.anding,  as  to  tiiem  fhall  feem  meet. 

IV.  AND 


LAWS    of    North-Carolina. 


431 


Lots  to  be  drawn 
for. 


IV.  AND  whereas  Subfcriptions  have  already  been  made  for  the  greateft  Part  of  the  Lots  laid  ofF  A.  D.  1768 
in  the  faid  Town  ;  Be  it  Enaiied,  by  the  Authority  afore/aid.  That  the  iaid  Direftors,  or  a  Majority  of 
them,  within  Six  Months  after  the  pafllngof  this  Adt,  fhall  appoint  a  Time,  and  give  public  Notice 
thereof,  for  meeting  the  Subfcribers  on  the  faid  Land,  for  determining  the  Property  of  each  particular 
Lot,  which  fhall  be  drawn  by  Ballot,  in  a  fair  Manner,  by  the  Diredion,  and  in  the  Prefence  of  a 
Majority  of  the  faid  Direftors  at  leaft  ;  and  each  Subfcriber  (hall  be  intitled  to  the  Lot  or  Lots  which 
fhall  happen  to  be  drawn  for  him,  and  correfpond  with  the  Number  contained  in  the  aforefaid  Plan  of 
the  faid  Town  :  And  the  faid  Direftors,  or  a  Majority  of  them,  Ihall  make  and  execute  Deeds  for 
granting  and  conveying  the  faid  Lots  contained  in  the  faid  Town,  to  the  refpedive  Subfcribers  for  the 
fame,  their  Heirs  and  Afligns,  for  ever ;  and  alfo  to  every  other  Perfon  and  Perfons  who  fhall  purchafe 
any  other  Lot  or  Lots  in  the  faid  Town,  at  the  proper  Cofts  and  Charges  of  the  Grantee  or  Grantees 
to  whom  the  fame  fhall  be  conveyed  ;  and  every  Perfon  claiming  any  Lot  or  Lots  in  the  faid  Town  by 
Virtue  of  any  fuch  Conveyance,  fhall  and  may  hold  and  enjoy  the  fame  in  Fee-Simple. 


V.  PROVIDED  neverfhele/s.  That  the  Grantee  or  Grantees  of  any  Lot  or  Lots  in  the  faid 
Town  fo  conveyed,  iliall,  within  Three  Years  next  after  the  Date  of  the  Conveyance  for  the  fame, 
erect,  build,  and  finifh,  on  each  Lot  fo  conveyed,  one  well  fiamed  or  Brick  Houfe,  Sixteen  Feet 
fquare  at  the  leaft,  and  Ten  Feet  Pitch  in  the  Clear,  or  proportionable  to  iuch  Dimenfions,  if  fuch 
Grantee  or  Grantees  fhall  have  two  or  more  Lots  contiguous  :  And  if  the  Owner  of  any  Lot  in  the 
faid  Town  fhall  fail  to  purfue  or  comply  with  the  Directions  by  this  Act  prefcribed,  for  building  and 
finifhing  a  Houfe  thereon,  then  fuch  Lot  upon  which  fuch  Houfe  fhall  not  be  built  and  finifhed  in 
Manner  aforefaid,  fhall  be  reverted  in  the  faid  Directors ;  and  the  faid  Directors,  or  the  Majority  of 
them,  may,  and  are  hereby  impowered  and  authorized,  to  fell  fuch  Lot  for  the  bell  Price  that  may  be 
liad,  to  any  other  Perfon  or  Perfons  applying  for  the  fame,  in  fuch  Manner,  and  under  fuch  Reftric- 
tions,  as  they  could  or  might  have  done  if  fuch  Lot  had  not  before  been  fold  or  granted. 

Vr.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  refpective  Subfcribers  for  the 
faid  Lots  fhall,  within  one  Month  after  it  fhall  be  afcertained  to  whom  each  of  the  faid  Lo^s  doth  be- 
long, in  Manner  herein  before  mentioned,  pay  and  fatisfy  to  the  faid  Directors  the  Sum  of  Forty  Five 
Shillings,  Proclamation  Money,  for  each  [,ot  by  them  fubfcribed  for;  and  in  Cafe  of  the  Refufal  or 
Neglect  of  any  Subfcriber  to  pay  the  faid  Sum,  the  faid  Directors  fhall  and  may  commence  a  Suit  for 
the  fame,  in  their  own  Names,  and  therein  fhall  recover  Judgment,  with  Colls. 

VII.  AND  be  it  further  Enabled,  That  all  Monies  which  fhall  arife  by  a  Difpofal  of  the  faid  Lots, 
granted  by  the  faid  Directors  and  their  Succeflbrs,  in  Execution  of  this  Act,  fhall  be  received  by  the 
faid  Directors ;  and  after  their  reafonable  Charges  and  Expences  are  deducted,  fliall  be  by  them  paid 
to  the  faid  William  Gray,  his  Executors,   Adminillrators,  or  Affigns. 

VIII.  AND  for  continuing  the  Succeffion  of  the  faid  Directors,  until  the  faid  Town  (hail  be  in- 
corporated, Beit  further  Enafied,  by  the  Authority  aforefaid.  That  in  Cafe  of  Death,  Refufal  to  act,  or 
Removal  out  of  the  Country  of  any  oi  the  faid  Directojs,  the  furviving  or  other  Directors,  or  the  Ma- 
jority of  them,  fhall  aflemble,  and  are  hereby  impowered,  from  Time  to  Time,  by  Inftrument  in 
Writing,  under  their  refpective  Hands  and  Seals,  to  nominate  fonie  other  Perfon,  being  an  Inhabitant 
or  Freeholder  of  the  faid  Town,  in  tlie  Place  of  him  fo  dying,  refufing  to  act,  or  removing  out  of  the 
Country;  which  new  Directors,  fo  nominated  and  appointetl,  (hall,  from  thenceforth,  have  the  fame 
Power  and  Authority,  in  all  Things  concerning  the  Matters  herein  contained,  us  if  he  had  been  ex- 
prefsly  named  and  appointed  in  and  by  this  Act. 


VI  hen  to  be  fay- 
ed. 


Price  to  thfi  Pro- 

prietuit. 


Moniei  appropti* 
ated. 


Direftors    contia 
nueJ, 


CHAP.     XXVII. 

An  A51  for  vacating  the  Title  of  certain  Perfons  to  Three  Hundred  Acres  of  Land^  fittmte 
on  the  lower  Part  of  Cape  Fear,  and  adjoining  Fort  Johnfton  ;  and  for  revefting  the 
fame  in  the  Crown^  for  his  Majefly's  Service^  and  the  Benefit  of  the  faid  Fort  and 
Garrifon. 

^-  '1X7' HERE  AS  by  an  Act  of  the  General  AfTembly,    pafTed  at  Nexvbern,   on  the  Twentieth     Ttinttl 
VV     T)Ay  o{  April,    in  the  Year  of  our  Lord  One  Thoufand   Seven   Hundred   and  Forty  Five,  * 

intitled,  An  Aa  for  ereaing  a  Fortif cation  on  the  loiver  Part  of  Cape  Fear  Ri'ver,  for  applying  thereto 
the  Powder  Money  already  arijen,  or  ixjhich  fiall  arife,  by  Shipping  coming  into  the  Port  o/^Brunfwick  ; 
certain  CommifTioners  were  appointed,  a  Majority  of  whom  were,  by  faid  Act,  inverted  with  full 
Power  and  Authority  to  erect  and  build  a  Fort  or  Battery  in  fuch  Place  on  the  lower  Part  of  Cape  Fear 
River,  as  to  them  rtiould  feem  mort  convenient,  for  the  Defence  of  the  faid  River  ;  in  Virtue  whereof, 
a  PL-ice  for  erecting  a  Fort  was  agreed  on  by  the  faid  Commiffioners,  and  a  Fortification,  by  the  Name 
of  Fort  Johnjion,  was  raifed,  and  hitherto  has  been  guarded  and  maintained  at  a  confiderable  Charge 
and  Expence  to  the  Public  ;  and  the  Neceffity  of  guarding  and  maintaining  of  the  faid  Fort  ftill  con- 
tinuing for  his  Majefty's  Service,  and  the  Defence  of  this  Province:  And  whereas  a  Patent  for  Part 
of  the  Land  adjoining  thereto  has  been  furreptitioufly,  and  without  the  due  Knowledge  and  Information 
of  the  Officers  of  the  Crown  granting  the  fame,  obtained  :  And  whereas  from  the  Nature  of  its  Situ- 
ation it  is  abfolutely  nectfTary,  for  the  Safety  and  Security  of  faid  Fort  and  Garrifon,  as  well  as  foe 
the  repairing  and  maintaining  of  the  fame,  that  Three  Hundred  Acres  of  the  faid  Land,  adjoining 
»he  faid  Fort,    bounded  as  follows ;    beginning  at   a  Bridge  the  Mouth  q{ Btnnet'i  C^cck,    running 

NortH 


432 


LAWS    of    North-Carolina. 


A.  D.    1768. 


Title    to    Lands 
vacated. 


To  be  valued  by 


North  Sixty  Seven  Degrees  Weft,  Three  Hundred  and  Thirty  Two  Poles,  to  a  Creek  called  JiiJa''i 
Creek,  running  down  the  various  Courfes  of  the  faid  Creek  to  where  it  empties  itfeif  into  a  Creek, 
called  the  Duuhman&  Creek  ;  thence  down  the  faid  Creek  to  the  Mouth  thereof,  in  Cape  Fiar;  then 
up  Cafe  Fear  River  to  the  Beginning,  including  Fort  -Johnjlon,  and  containing  Three  Hundred  Acres, 
more  or  lefs ;  fliould  be  revelled  in  the  Crown,  and  remain  for  his  Majefty's  Service,  towards  repair- 
ing and  maintaining  of  the  faid  Fort,  and  the  Uie  of  the  faid  Garrifon,  for  ever. 

II.  B  E  it  therefore  Enaaed,  by  tht  Governor,  Council,  andJJJembly,  and  by  the  Authority  of  the  fame. 
That  for  fo  much  Land  as  is  contained  within  the  Limits  by  this  Ad  fpecified,  each  and  every  Patent 
or  Deed  heretofore  made  or  executed,  io  far  as  relates  to  the  Land  above  fpecified,  is  hereby  declared 
to  be  null  and  void,  and  of  no  Force,  Validity,  or  EfFed  whatfoever  ;  but  that  the  abfolute  Right  and 
Fee-Simple  of  faid  Three  Hundred  Acres  of  Land,  be  and  remain  in  his  Majelly,  his  Heirs  and  Suc- 
ceflbrs  for  ever,  for  and  towards  the  repairing  of  faid  Fort;  and  to  fuch  other  Ufes  and  Purpofe*  as 
his  Majelly  fliall  diredl. 

III.  AND  that  equal  Right  and  Juftice  may  be  done  to  the  Patentees,  their,  and  each  of  their 
Ju7yrand"the     Heirs  and  AiTigns ;    Be  it  Enaaed,    by  the  Authority  oforefaid.    That  a  Jury  of  Twelve  Freeholders, 

Fn^prietor  paid,  vvithin  the  County  of  BrunJ--wick,  be  appointed  by  the  J  uftices  of  the  Inferior  Court  of  the  faid  County, 
at  the  next  Court  to  be  held  for  faid  County  after  the  Firll  Day  of  March  next ;  which  Jury  fliall  be 
fummoned  by  the  SheriiF  of  faid  County,  to  view  the  afore  mentioned  Lands  and  Premifes,  at  fome 
Day  between  that  and  the  then  next  fucceeding  Court  for  faid  County  ;  and  Ihall  take  an  Oath  before 
fome  Juftice  of  the  Peace  for  the  faid  County  (who  is  hereby  authorized  to  adminiller  the  fame)  to 
value  and  appraife  the  faid  Three  Hundred  Acres  of  Land  and  Improvements,  and  make  Return  of 
fuch  Valuation  and  Appraifement,  and  the  Names  of  Perfons  claiming  the  fame,  under  their  Hands 
and  Seals,  to  the  next  fucceeding  Court  for  the  faid  County  ;  which  faid  Valuation  Money  the  Public 
Treafurer'of  the  Southern  Diftrift  is  required  to  pay  to  the  firtt  Patentees,  or  their  legal  Reprefema- 
tives,  an4  to  take  one  or  more  Receipt  or  Receipts  for  the  fame  ;  which,  with  the  Valuation  returned 
by  the  Jury  as  aiorefaid,  Ihall  be  recorded  among  the  Records  of  the  faid  Inferior  Court  of  Brun/ivick 
County,  and  be  regiftered  in  the  Regiller's  Office  of  the  faid  County ;  which  Inqueft  fo  taken  and  re- 
turned fliall,  and  is  hereby  declared  to  be  a  perpetual  Bar  to  the  Claim,  Right  or  Title,  of  any  Subjeft 
whatfoever,  to  the  faid  Three  Hundred  Acres  of  Land  and  Premifes. 

IV.  AND  be  it  further  Enabled,  by  th/ Authority  aforefaid.  That  the  Sheriff  of  Brunfwici  Coaniy 
fliall  fummons  the  Jurors  appointed  by  the  Inferior  Court  of  the  faid  County,  for  the  Purpofes  in  this 
Aft  directed,  at  leail  Five  Days  before  the  Day  appointed  for  valuing  and  appraifing  the  faid  Land  and 
Premifes:  A'nd  every  Juror  being  fo  fummoned,  and  failing  to  attend  and  take  fuch  View  of,  and  value 
and  appraife  fuch  Land  and  Premifes,  fliall  be  fined  by  the  faid  Inferior  Court  of  Brunfwick,  for  each 
Neglect,  Three  Pounds,  Proclamation  Money  ;  to  be  levied  as  other  Fines  fet  on  Jurymen,  and  ap- 
plied to 'the  Ufe  of  the  faid  County  of  Brunfwick  ;  unlefs  the  Perfon  fined  fliall,  on  Oath,  fliew  to  the 
next  Court  fufficient  Reafon  for  fuch  Failure  or  Neglect. 


Tnror«  to  be  fum» 

inoned. 


SIGNED     by 


William  Tryon,  Eq-,    Governor 
James  Hafell,  Prefident. 
John  Harvey,  Speaker. 


ANN  O 


X,-^^5o/    North-Carolina.  433 


A.  D.    1768. 


•     •4^'0*    •^••^    "^^^    •§••$•    •4s-$'    •$*'^    4-    •$•*$•    •C^'^^ls*    •«^'$*     •$•'$•    'C^*'^    '^'^     Y' 

•$••$•      "^"^      "^"^      '^'^      "^'^      '^^      "9"      *^*^i^      "^"^      ^"^i^      "^'^      ^"^      '^''i^       ^ 


% 


ANNOREGNI 

G    E    O    R    G    I    I      III. 

REGIS, 

MAGN^    BRITANNIi^,    FRANCIS,    &    HIBERNIi^i:, 

N     O     N     O. 

At  an  ASSEMBLY,  begun   and  held   at  Newkrn,  the  Third  Day   William 

T  R  Y  o  N , 
of  November,  in  the  Seventh  Year  of  the  Reien  of  our  Sovereign  Lord   ^^'^'    ^^''"^'■- 

"  °  nor. 

GEO  RGE  the  Third,  by  the  Grace  of  God,  of  Great-Britain,  France, 
and  Ireland,  King,  Defender  of  the  Faith,  &c.  and  in  the  Year  of  our 
Lord  One  Thoufand  Seven  Hundred  and  Sixty  Six  3  and  from  thence 
continued,  by  Prorogation,  to  the  Seventh  Day  of  November,  in  'the 
Year  of  Lord  One  Thoufand  Seven  Hundred  and  Sixty-Eight :  Being 
the  Third  SefliDn  of  this  prefent  AfTembly. 


CHAP.     L 

An  Act,  to  amend  and  explain  an  A5f,  intituled.  An  Ai5l  for  cftablifhing  an  Orthodox 

Clergy. 

L  \KJ  H  E  R  E  A  S  by  an  A6b  of  AfTembly  pafled  at  Nev}hern,  on  the  Third    Pr«.T,bi.. 

VV  Day  o{  May,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 
and  Sixty-five,  intituled,  An  All,  for  eftahhjhing  an  Orthodox  Clergy,  it  is  amcn':^ 
other  Things,  Enadied,  That  if  any  Clergyman,  prefented  to  any  parochial  Liv*^ 
ing  within  this  Province,  ihall  be  guilty  ot  any  grofs  Crime,  or  notorious  Immora- 
lity, it  (hall  be  lawful  for  the  Governor  or  Commander  in  Chief  for  the  Tin-e  beirn-, 
by  and  with  the  Advice  o^  his  M:ijefty's  Council,  to  fufpend  the  laid  Clcraymrn 
from  ferving  the  Cure  of  fuch  Parifh  whereof  he  was  Incumbent;  and  ihS  fuch 
Sufpenfion  fhould  be  deemed  good  and  valid,  until  fuch  Time  as  the  Bifhop  of 
London  Hiall  either  reftore  or  pafs  Sentence  of  Deprivation  on  him. 

IL     AND  whereas  no  Provifion  is  made  in  the  afore-mentioned  Aft  for  fun  o--  s..fprnf,.n  of 

porting  fuch  Clergyman  as  may  be  appointed  to  officiate  during  the  Sufpenfion  of  tTv  "nrv'Ve' '^f 

any  Minifter  from  ferving  the  Cure  ot  fuch  Parifli  whereof  he  was  incimbcnt-   Be  •°«'<' •''=  "■"'- 

it  therefore  Enacted  by  the  Governor,  Council,  and  Ajje^nbly,  ard  hy  the  Av.tkcrity  of  tke  "■"'^"'^'"'"^• 

I  i  i  fame. 


434 


LAWS    of    North-Carolina. 


A,  D.  1768.  fame.  That  when  the  Incumbent  of  any  Paridi  fliall  be  fo  fufpended,  that  it  fhall 
and  may  be  lawful  for  the  Churchwardens  and  Veftrymen  of  fuch  Parifli,  to  allow 
any  deferving  Miniiler  appointed  and  received  to  officiate  in  iuch  Parjfh  during  the 
Sufpenfion  of  the  Incumbent  as  aforefaid,  the  whole  or  any  reafonable  Part  of  the 
Proclamation  Money,  and  of  the  Pcrquilues,  as  fuch  Incumbent  might  or  could 
have  been  allowed  or  intitied  to  in  the  Jaid  Parifh,  if  no  fuch  Sufpenfion  had  hap- 
pened i  any  Law,  Ufage,  or  Cuftom  to  the  contrary  notwithftanding. 


Preamblf, 


Where  Vcftries 
have  been  c  Icited 
end  nivc  qunhhed, 
other  Vcftries  I0 
be  ckacd. 


I'en.  on  Veftiv- 
men  not  qualify- 
ingt 


Continuance 
tie  A£l. 


C  H  A  P.     II. 

An  A£i  to  amend  and  continue  an  A£i^  intituled.  An  Ad  concerning  of  Veftries. 

I.  T  Y  r  HER  E  AS  the  fald  Ad  of  AfTembly,  pafled  at  Wilmington,  the  Thirtieth 
y  Y  D  y  oi  January,  in  the  Fifth  Year  of  his  preicnt  Majelty's  Reign,  was  to 
contiraie  and  be  in  Force  for  and  during  the  Term  of  Five  Years,  from  and  after 
the  paiTing  of  the  fame,  and  no  longer  ;  which  Term  is  now  near  expired  ;  and  it 
being  found  necefTkry,  in  order  to  make  Provilion  for  the  Clergy,  and  for  the  tak- 
ing Care  of  the  Poor,  and  Uie  due  Management  of  parochial  Afiairs,  that  the  fame 
Ihould  be  amended  and  continued  : 

II.  BE  it  Enacted^  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  of 
the  fame.  That  where  there  hath  bten  an  Fledion  of  Veftrymen,  and  the  Veflrymen 
lb  elcded  have  neglcded  or  refufed  to  qualify,  agreeable  to  the  before  mentioned 
Ad,  that  the  Freeholders  of  every  fuch  Parifh  are  hereby  direded  to  meet  at  the 
ufual  Place  of  eleding  Veftrymen  in  every  fuch  Parilh,  on  Eafter  Monday,  next 
after  the  paffing  of  this  Ad  ;  and  then  and  there  to  chule  and  elcd  Twelve  Free- 
holders to  ferve  as  Veflrymen  -,  which  Veftrymen  fo  chofen,  fhall  be  fummoned  by 
the  Sherifl",  to  appear  and  qualify,  in  the  lame  Manner,  and  fubjed  to  the  fame 
Fines  and  Penalties,  and  be  veiled  with  the  fame  Powers  and  Authorities  as  other 
Vcilrymen  are  by  the  before  recited  Ad  ;  and  the  Vcftry  fo  eleded,  fhall  ferve 
until  the  next  general  Election  of  Veftrymen,  to  be  had  on  Eafter  Monday,  in 
the  Year  of  our  Lord  One  Thoufand  Seven  ilundred  and  Seventy  ;  any  Thing 
in  the  before  recited  Act  to  the  contrary  notwiihflanding. 

III.  AND  whereas  by  the  before-mentioned  Act,  known  Diffenters  from  the 
Church  of  England  only  are  lubject  to  a  Fine  of  Three  Pounds,  Froclamation  Mo- 
ney, for  neglecting  or  refufmg  to  qualify  when  chofen  Veftrymen,  agreeable  to  the 
Directions  ot  the  laid  Act;  Be  it  therefore  Enaoied,  by  the  Authority  aforefaid.  That 
every  Perfon  hereafter  chofen  as  a  Veltryman  in  any  Parifh,  and  fummoned  as  by 
fold  Act  directed,  and  refufmg  or  neglecting  to  qualify  agreeable  to  the  Directions 
of  the  laid  Act,  fhall  forfeit  and  pay  the  Sum  of  Three  Pounds,  Proclamation 
Money;  to  be  recovered  and  applied  as  other  Fines  in  the  aforefaid  Act  directed. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  this  and  the 
afore-mentioned  Act,  fhali  continue  and  be  in  Force  for  and  during  the  Term  of 
Five  Years,  from  and  after  tiic  palling  of  this  Act,  and  from  thence  to  the  End 
of  the  next  Seflion  of  AfTembly  \  any  Thing  in  the  aforefaid  Act  to  the  contrary 
notwithilanding. 


C  H  A  P.     III. 

An  Act  for  efiablifAng  a  Militia  in  this  Province,     (a) 


w 


H  E  R  E  A  S  a  Militia  may  be  neceflary  for  the  Defence  and  Safety  of 
this  Province : 

II.     B  E 


(a)  See  Act  Dec.  1770,  Chap.  4,  for  amending  this  Act. 


L  A  V/  S    of    North-Carolina.  4^5 

II.  B  E  it  Enacted,  by  the  Governor,  Coundl,  and  Ajfembly,  and  hy  the  Authority  ^'  I>-   i;g3. 
^/  the  far,ie.  That  all  Freemen  and  Servants  within  this  i'rovince,  between  the  Age  V"^'' — ~^ 
of  Sixteen  and  Sixty,  fhall  compofe  the  Militia  thereof;  and  that   the  leveral  Cap-  ed.' ""'  ^  "^'^ 
tains  of  the  lame  lliall  enroll  the  Names  of  all  fuch  Freemen  and  Servants  of  which 

their  feveral  Companies  confift  ;  and  iTiall,  at  their  rcfpective  General  Mufltrs, 
return  a  Copy  thereof  to  the  Colonel  of  their  refpective  Rcgimi^nts  ;  under  the  Pe- 
nalty of  Five  Founds,  Proclamation  Money  ;  to  be  levied  by  a  Warrant  of  Diftrefs 
from  the  Colonel  of  the  Regiment,  directed  to  the  Sheriff  oi  the  County  to  which 
thefaid  Regiment  belongs  •,  which  Sherifl' fhall  be  paid  out  of  the  faid  Penalty  the 
Sum  or  Ten  Shil'ings :  And  in  Cafe  any  Sheriff  ihall  neglect  or  refufe  to  lerve  fuch 
Warrant,  he  (hall  forfeit  and  pay  the  Sum  of  Five  Pounds ;  to  be  recovered  by- 
Action  oi  Debt,  in  any  Court  of  Record,  and  be  applied  as  herein  after  directed  : 
Which  Copy  fo  returned,  fliall,  by  every  Colonel,  be  returned  to  the  Governor  or 
Commander  in  Chief  for  the  Time  being  -,  under  the  like  Penalty  :  And  that  all  I'pn.  f»r  not  zp. 
Perfons,  after  being  fo  enrolled,  who  fhali  at  any  Time  (unlefs  rendered  incapable  y!.'"",^,„''^,j'^"c' 
by  Sicknefs  or  other  Accident)  negled  or  refufe,  when  called  upon,  to  appear  at  cout'ied/"^""* 
fuch  Times  and  Places  where  ordered  by  the  Colonel  or  Commanding  Ofnccr,  there 
to  be  muftered,  tiained,  and  exerciled  in  Arms  ;  and  be  provided  with  a  well  fixed 
Gun,  fliall  forfeit  and  pay,  if  at  a  private  Mufter,  Five  Shillings,  if  at  a  General 
Mufter,  Ten  Shillings ;  and  fhall  alio  be  provided  with  a  Cartouch  Box,  Sword, 
Cutlafs,  or  Hanger,  and  have  at  leaft  Nine  Charges  of  Powder,  made  into  Car- 
tridges, and  fizcabie  Bullets  or  Swan  Shot,  and  Three  fpare  Flints,  a  Worm  and 
Picker  ;  under  the  Penalty,  it  at  a  private  Mufter,  the  Sum  of  Two  Shillings  and 
Six  Pence,  if  at  a  General  Mufter,  Five  Shillings;  to  be  levied  by  a  Warrant  of 
Dulreis,  rrom  the  Captain  of  the  Company,  dirc^ed  to  the  Serjeant  of  the  fame; 
viho  is  hereby  impowered  to  execute  the  faid  Warrant,  and  diftrain  for  the  faid 
Fines  and  Penalties,  in  the  fame  Manner  as  Sheriffs  are  impowered  to  difbrain  for 
public  Taxes,  and  fhall  make  Return  thereof  to  the  Captain  ;  which  Serjeant  fhall 
dedu'51:  One  Shilling  and  Four  Pence,  out  of  every  Fine  fo  levied  :  And  in  Cafe 
fuch  Serjeant  or  Serjeants  fliall  neglcft  or  refufe  to  ferve  any  Warrant  or  Warrants 
to  him  or  them  fo  diredled,  he  or  they  for  fuch  Negledl  or  Refufal,  fhall  be  fined 
Twenty  Shillings ;  to  be  recovered  by  a  Warrant  from  the  Captain,  din  ded  to  any 
other  Serjeant ;  under  the  fame  Penalty  ;  to  be  accounted  for,  and  applied  as  other 
Fines  in  ihis  Act  direded. 

III.  PROVIDED  always.  That  every   Abfentee  Hiall  be  allowed  till  the    frov^f-,  for  Ab. 

r  !•  iv/r     n  i         i   •         t^  -        .  .  fentets    to   maks 

next  fucceeding  Mufter  to  make  his  Excule,  before  the  Captain  fhall  iffue  his  ibciiExcuic 
Warrant ;  unlcfs  againll  fuch  Defaulters  as  he  may  fufpcft  are  about  removing 
themfelvts  out  of  the  County  before  fuch  fucceeding  Mufler  ;  in  which  Cafe  it  fliall 
and  may  be  lawful  for  the  Captain  to  iffue  a  Summons  to  caufe  llich  fufpedled  Per- 
fon  to  appear  before  him,  to  make  his  Excufc  for  fuch  Abfence  ;  and  upon  hearing 
the  fame,  or  upon  the  Perf(;ns  refufing  to  obey  fuch  Summons,  the  Captain  fhall 
then  proceed  as  to  him  fliall  fecm  jufl :  And  every  Perfon  that  fhall  be  fined  by 
Virtue  of  this  Aft,  an-d  fliaM  think  himfelf  injured  by  his  Officers,  may  appeal  to  the  R'^ht  of  Appeal. 
next  Court  Marfhal  ;  fiift  giving  Security  m  the  Sum  of  Twenty  Shillings,  Pro- 
clamation Money,  to  appear  and  abide  by  the  Jut'gment  of  the  laid  Court;  and  if 
Judgment  fliall  be  againit  him,  that  he  will  then  and  there  pay  the  Fine,  with  Two 
Shillings  Coft. 

IV.  PROVIDED  alfo.  That  no  Member  of  his  Majefly's  Council,  no  f^'^""'  """p' 
Member  of  the  Affembly,  no  Minifter  of  the  Church  of  England,  no  PreJIyterian  ^"'"  ">"«'■•""»• 
Minifler  regularly  called  to  any  Congregation  in  this  Province,  no  Juftice  of  the 

Superior  Courts,  Secretary,  pradifing  Attorney,  no  Man  who  has  bore  a  military 
Commiffir.n  as  high  as  tlut  of  a  Captain,  or  commifT.oned  Officer  who  has  ferved 


roners,  Conflables,  Overfeers   of  public  Roads,  Searchers,  or  Branch  Pilots,  Iq 

I  i  i  2  lono- 


Pen  onOvcrfcers 
appearingat  Maf- 
ters, 


436  LAWS    of    North-Carolina. 

A.  D.  176S.    long  as  they  continue  in  OiBce,  fhall  be  obliged  to  inlift  themfelves,  or.  appear  ^i 
fuch  iVIufters. 

V.  P ROF ID E D  neverthelefs^  That  in  Cafe  any  fuch  Overfeer,  ha^-ing  the 
Care  of  Six  taxable  Slaves,  fhall  be  feen  in  the  Mufter  Field  on  the  Days  of  gene- 
ral or  private  Mufter^  they  Ihall  be  liable  to  a  Fine  of  Forty  Shillings ;  to  be  levied 
by  a  Warrant  from  the  Colonel  or  Commanding  Officer,  and  applied  as  other  Fines 
in  this  Ai5t  directed. 

p>  tfons  incapahie        VI.     AND  be  it  further  Efiacted,  by  the  Authority  aforefaid.  That  if  the  Captain, 
rxJmrt' r'rn^X    Lieutenant,  or  Enfign,  or  any  Two  of  them,  Ihall  adjudge  any  Perfon  or  Perfons, 
Pm  'and  to  le    gnrollcd  35  aforclVid,  to  be  incapable  of  providing  and  furnifhing  him  or  themfclves 
Kinw.""'  °    with  Arms,  Ammunition,  and  Accoutrements,  required. by  this  Aft,  every  fuch 
Perfon  fhall  be  exempt  from  the  Fines  and  Forfeitures  impofed  by  Virtue  of  tins 
A61:,  until  fuch  Arms,  Ammunition,  and  Accoutrements,  fhall  be  provided  for  and 
delivered  him  by  the  Court  Martial ;  to  be  paid  for  out  of  the  Fines  already  collect- 
ed, and  that  may  hereafter  be  coUeftedj  fuch  Court  Martial  firfb  taking  Security  tor 
the   fafe-keeping,  and  returning   fuch    Arms,  Ammunition,  and   Accoutreaienrs, 
when  required. 

Clerk,  s  .jMnt-s        yjj_     AND  he  it  further  Enacted^-  by  the  Authority  aforefaid.  That  the  Captain' 

Corporals,  ann  .    1  -         1   •       1^  •  in  1      i  i  l  •        1  1        - 

Drumn.er,  to  be   of  cvcry  Company  within  this  Province,  ihall,  and  they  are  hereby  required  to  chu!e 
r^''rom'tn'°"^'    a  Clcrk,  three  Serjeants,  three  Corporals,  and  a  Drummer,  for  the  (aid  Company: 
''^  '°        '         Which  faid  Clerk  fhall  give  his  Attendance,  with  his  Sword  by  his  Side,  on  every 
Clerk's  Duty.      Muiler  Dav,  and  call  over  the  Roll  of  the  Company,  and  take  Notice  of  the  Per- 
fons who  are  abfent  on  each  of  the  faid  Mufter  Days  -,  and  return,  upon  Oath,  a 
true  Lift  of  the  Abfentees  to  his  Captain  •,  and  fball  alfb,  before  the  Company  pro- 
ceed to  their  Exercife,  read  diftinftly,  and  with  an  audible  Voice,  at  the  Head  of 
his  Company,  this  Aft,  and  if  the  Clerk,  Serjeants,  or  Corporals,  or  any  of  them 
fo  chofen,  (hall  refufe  to  aft  in  the  Oflice  he  is  appointed  to,  he  Ihall  forfeit  and 
pay  the  Sum  of  Forty  Shillings. 

jnCafe^ofinva^.  yjjj_  ^  j<[ J)  beAt  furthsT  Efia^cd,  by  the  Authority  aforefaid.  That  in  Cafe 
r!,"y'  raiTrX'  of  any  Infurrcftion  within  this  Province,  or  Invafion,  it  fhall  and  may  be  lawful 
^''"'''  for  the  Governor  or  Commander  in  Chief  for  the  Time  being,  or  any  Field  Cfficer 

by  him  direfted,  to  raife  all,  or  fo  many  of  the  Militia  as  ftiall  be  thought  neceffary 
for  oppofing  fuch  Infurreftion  or  Invafion  •,  and  the  Militia  fo  raifed,  lliall  perform 
fuch  Duty  or  Service  as  they  fliail  be  required  to  do  by  their  Commanding  Ofiicerj 
and  it  is  he:.°by  required  and  direfted,  that  the  faid  Militia  fhall  appear  furnifhed 
with  Arms,  Ammunitian,  and  Accoutrements  as  aforefaid. 

p^n.  fcrn.gieft-        j^.     AND  bc  it  furthcr  Enabled,  by  the  Authority  afcrefaid^  That  every  Perfon 
AWn/KTr   who  ftiall  nealeft  or  refufe,  on  Call  or  Alarm  given,  to  appear  at  fuch  Times  and 
to  march  ngaimi    pi^^es  as  fhall  be  appointed  by  his  Captain  or  other  Oihcer,  fliall  forfeit  nnd  pay 
t  e  -nemy,  &c.    ^^^  Pounds,  Proclamation  Money  -,  to  be  levied  by  a  Warrant  from  the  Colonel  or 
Commanding  Officer,  for  that  Service,  directed  to  the  Sheriff  of  the  County  where 
the  Offender  re  fides :   And  fuch  Sherift",  who  is  hereby  required  and  directed  to  ex- 
ecute the  fame,  fliall,  for  every  Neglect  or  Refufal,  forfeit  and  pay  the  Sum  of  Ten 
Pounds  Proclamation  Money  ;  to  be  recoveied  by  Action  of  Debt,  in  any  Court 
of  Record  in  this  Province  :   And  any  Perfon  who  fliall  refufe  to  march  againft  the 
Enemy  when   commanded  -,  or   refufe  or  neglect  to  do  his  Duty,  or  perform  the 
Service  he  is  put  upon  by  fuch  Captain  or  other  Officer ;  or  fliall  quit  his  Poft, 
defert  his  Colours,  or  Mutiny,  it  fliall  and  may  be  lawful  for  One  Field  Offict  r, 
or  more,  three  Captains,  three  Lieutenants,  and  three  Enfigns,  or  the  Majority  of 
them,  openly  to  hold  a  Court  Martial ;  lirft  taking  the  following  Oath  : 

coort  Martial's  "^ OXJ pall  fivear^  well  and  truly  to  try  and  determine^  according  io  your  Evidence^  in 
^^"»'  I     the  Matter  novo  before  you,  between  our  Sovereign  Lord  the  King,  and  the  Prijcner 

to  be  tried.  SO  HELP  YOU  GOD. 

A  N  D 


L  A  PV  S    of    North-Carolika. 


437 


AND  on  Try al  and  Convidtion,  to  punilh  the  Oftxaickr  according  to  martial    '^<  />•    '7<58. 
Law,  as  the  Nature  of  the  Offence  may  require  (Death  excepted)  and  tor  Want  of 
fuch   Number  of  Officers  to  compleat  a  Court  Mart?^J,  the  Ofiender  fhall  be  put 
under  a  Guard,  until  fuch  Time  as  there  are  a  fufficicnt  Number  to  hold  a  Court 
Martial  as  aforefaid. 


To  puniili  Oi?,/i- 
ders. 


X.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  refpcftive 
Officers  of  the  Militia,  and  the  private  Men,  when  in  adual  Service,  fhali,  from 
the  pay  they  are  ordered  on  Duty,  be  paid  accordmg  to  the  Rates  following,  to  wit. 

C    f     d, 
6 


A  Colonel  ^fr  Day,         — — 

A  Lieutenant  Colonel  per  Day^  

A  Major,  per  Day,  • 

A  Captain,  per  Day,  

An  Adjutant,  per  Day,  — 

A  Lieutenant  and  Chirurgeon,  each,  per  Day, 

An  Enfign,  per  Day,  

A  Serjeant,  per  Day,  '—  — 

A  Corporal  and  Drummer,  each,  per  Day, 
Every  private  Man,  per  Day, 


12 
lO 
ID 

7 
7 
5 
4 
4 
3 

2 


Pay  nftli*  Mill, 
tia,  when  in  ac. 
tual  ^jcrrice. 


C.ip'i'n?  to  n-.of. 
ter  their  CoEipa- 
nics, 


And  Ei.j-ht  Penc<iper  Day,  to  the  Commanding  Officer  for  vidualing  each  Man. 

XI.  AND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  every  Captain 
t)f  a  Company  fhali,  once  within  every  Four  Months,  at  fuch  Times  and  Places 
within  their  fevera!  Diftrids,  as  their  refpedive  Colonels  fhali  appoint,  mufter  his 
Company  ;  and  fee  that  every  Soldier  in  his  faid  Company  be  furnifned  with  fuch 
Arms,  Ammunition,  and  Accoutrements,  as  in  and  by  this  AiStis  direded  ;  under 
the  Penalty  of  Three  Pounds,  for  each  Mufter  he  fhali  negledj  to  be  levied  by  a 
Warrant  of  Diftrefs  from  the  Colonel  or  Commanding  Officer  of  the  County,  in 
Manner  aforefaid,  and  be  applied  as  by  this  A6t  is  direded  •,  and  that  each  and 
every  Company  fhali  confilt  of  not  lefs  than  Fifty  Men,  exclufive  of  Officers. 

XII.  AND  be  it  farther  Enacted,  by  the  Authority  aforefaid.  That  all  Officers   cTicrrs  to  h?  ra. 
of  the  iMilitia  fh.ill  be  refiJent  in  the  County  for  which  they  are  appointed  Officers,    county!"  ''"' 


XIII.  AND  be  it  further  Ena5ied,  by  the  Authority  aforefaid.  That  if  any  Sol- 
dier fli  all,  during  the  Time  ofMafler,  refifl  his  Commanding  Officer,  or  refufe  his 
lawful  Commands,  fuch  Soldier  fhali  be  puniPned  at  the  Dilcretion  of  his  Officer, 
by  being  tied  Neck  and  Heels,  not  exceeding  Fifteen  Minutes,  picqueted,  or  ride 
the  Wooden  Horfe  :  And  if  any  Officer  or  Soldier  Ihall  refufe  to  carry  fuch  Com- 
mands into  Execution,  he  or  they  fo  otTcnding,  fhali  forfeit  and  pay  the  Sum  of 
Five  Pounds  •,  to  b^  levied  by  a  Warrant  fron\  any  Field  Officer  in  the  Regiment, 
and  applied  as  other  Fines  mentioned  in  this  Act. 

XIV".  AND  be  it  further  Ena^cd,  by  the  Authority  aforefaid.  That  if  any  Num- 
ber of  Men,  not  lefs  than  Thirty,  nor  exceeding  Sixiy,  including  Officers,  belong- 
ing to  any  of  the  Regiments  within  this  Province,  fhali  defire  to  form  themfelves 
into  a  Troop  of  Horie,  it  fhill  and  may  be  lawful  for  fuch  Perlbns,  by  and  with 
the  AfTent  of  the  Colonel  of  the  Regiment,  to  form  themfelves  into  a  Troop  ;  and 
give  a  Lift  of  their  Names  to  the  Colonel  -,  who  fliall  fortfiwith  return  the  fame, 
under  hi<;  Hand  and  Seal,  to  the  Governor  or  Commander  in  Chief  of  this  Province 
for  the  Time  being :  And  it  ihall  and  may  be  lawful  for  the  faid  Governor  or  Com- 
mander in  Chief,  to  app  )int  and  commiffionate  a  Captain,  Lieutenant,  and  Corner, 
to  the  faid  Troop  •,  and  when  the  Commanding  Officers  of  the  laid  Troop  are  ready, 
and  fhali  exercife  the  ftid  'I'roop,  and  not  before,  the  Perlbns  fb  enrolled  in  the  faid 
Troop  fliall  be,  and  are  exempt  from  their  Se'-vice  in  the  Foot  Companies:  And 
the  Officers  and  private  Men  of  tlie  faid  Troop,  fhali  afterwards  be  fubject  to  muf- 
ter as  many  Times,  as  well  with  Regard  to  private  Mufters  as  to  General  Mufters 

of 


on  Soldiers 
fting     their 
ima 


Pen 

rtfi 

C'imffiandint,0- 

ccra 


Troop   of    llMt 
may  be  funnid. 


43i 


A.  D.    1768. 


LAWS    of    North -Carolina. 

of  the  County,  and  under  the  fame  Penalties,  as  in  and  by  this  Act  before  directed 
for  the  Foot  Mufter. 


Troopers  Accou- 
trenieiits. 


Central^  Muftcrs 
once  a  Year. 


XV.  AND  be  it  further  Enabled^  by  the  Authority  aforefaid^  That  every  Trooper 
fhall  be  provided  with  a  good  ferviceable  Horfe,  not  lefs  than  Fourteen  Hands  high, 
with  a  good  Bridle,  Saddle,  Houfing,  Holfters,  Breaftplate,  and  Crupper,  a  Cale 
of  good  Fiftois,  a  good  broad  Sword,  Twelve  Charges  of  Powder,  Twtlve  fizeable 
Bullets,  a  Pair  of  Shoe  Boots,  with  fuitable  Spurs,  and  a  Carbine  well  fixed,  with 
a  good  Belt,  Swivel  and  Bucket. 

XVI.  ANT>  be  it  further  EnaSled,  by  the  Authority  aforefaid^  That  the  Colonels 
of  each  and  every  Regiment,  fhal^,  once  in  every  Year,  cauie  a  general  Mufter  t-o 
be  made  of  their  relpective  Regiments,  at  the  Court  Houfe  of  their  County  -,  which, 
if  any  of  theni  (hall  fail  or  neglect  to  do,  and  fail  to  appear  at  fuch  Mufters  (Sick- 
nefs  or  Accident  excepted)  he  or  they  fo  offending  fhall  forfeit  and  pay  the  Sum  of 
Twenty  Pounds  •,  to  be  recovered  by  Action  of  Debt,  Bill,  Plaint,  or  Information, 
in  any  Court  of  Record  within  this  Province;  one  Half  thereof  to  fuch  Perfon  who 
fliall  fue  for  the  fame,  and  the  other  Half  to  be  applied  as  other  Fines  in  this  Act 
directed. 


Cmrt  Miiitial  to 
ht  held. 


Ciiurt   Miitial 
m?y   ciil  t  '   Ac 
co«'it!'ci f'n<;  c>w- 
jng  ihcm  M.'nies. 


Pen     on  Officers 

nCjjleflinp   to  ap 
pear  at     Myrters 
atri  Court  Mar-, 
tuls. 


XVII.  A  N D  be  it  further  EnaHed,  by  the  Authority  aforefaid^  That  it  (hall  and 
may  be  lawful  for  the  Field  Officers  and  Captains  of  every  County,  or  the  major 
Part  of  them,  whereof  the  Colonel,  Lieutenant-Colonel,  or  Major,  Ihall  be  one  ; 
and  they  are  hereby  directed  and  required  to  meet  at  the  Court  Houfe  of  their  re- 
fpeCtive  Counties,  on  the  Day  next  following  their  refpective  general  Mufters  which 
Ihaii  be  in  their  Counties ;  then  and  there  to  hold  a  Court  Martial ;  which  faid. Court 
fnail  have  full  Power  to  enquire  into  the  Age  and  Abilities  of  all  Perfons  inlifted, 
and  to  exempt  fuch  as  they  Ihall  judge  incapable  of  Service  ;  and  of  all  Neglects  and 
OmilTions,  as  well  by  any  Officers  as  Delinquents-,  and  to  hear  and  determine  all 
Appeals  which  fhall  be  made  to  the  Court  from  any  Officer  or  Soldier  who  may 
think  himfelf  unjuftly  fined  by  his  Captain,  and  to  order  and  difpofe  of  all  Fines  -,  in 
thefiril  Place  for  buying  Drums,  Colours,  and  other  NecelTaries  for  the  Ufe  of  the 
Company  from  whence  the  fame  fhall  arife,  and  afterwards  with  fupplying  the  Mili- 
tia with  Arms ;  and  the  faid  Court  is  hereby  directed  and  required,  to  keep  a  Regif- 
ter  of  all  their  Proceedings  -,  and  for  that  Purpofe  to  appoint  a  Clerk,  and  to  allow 
him  a  reaibnable  Salary  out  of  tiie  Fines. 

XVIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Court 
Martial  of  every  County  fhall  have  full  Power,  from  Time  to  Time,  to  call  the  She- 
riff, or  any  other  Perfon  or  Perfons  whatloevcr,  to  account,  on  Oath,  who  lliall  pay 
to  them  the  Monies  in  the  Hands  of  him  or  them  belonging  to  their  relpective  Regi- 
ments, ^that  have  accrued,  or  ftiail  or  may  become  due  by  Virtue  of  this  or  any 
former  Militia  Adt  :  And  if  any  Sheriff  or  other  Perfon  fhall  refufe  or  negledt  to 
appear,  account,  and  pay  as  aforefaid,  he  fliail  forfeit  and  pay  the  Sum  of  One 
Hundred  Pounds-,  to  be  recovered  with  Cofts,  by  the  Colonel  of  the  Regiment  to 
which  fuch  Money  is  or  may  become  due,  by  A6lion  of  Debt  or  Inforniaticn,  in 
any  Superior  Court;  and  to  be  applied  to  the  Life  of  the  Regiment:  And  vi/hcn 
any  Suit  fliall  be  brought  by  the  Colonel,  and  he  fhall  happen  to  die,  or  be  fuper- 
ceeded  before  fuch  Suit  fnall  be  determined,  tiie  lame  fhall  and  may  be  carried  on 
by  the  fucceeding  Colonel,  in  the  Name  of  his  Prcdeceifor  who  brought  fuch  Suit ; 
and  the  Death  of  the  Colonel,  or  his  being  difplaccd,  fhall  not  be  pleaded  in 
Abatement  of  iuch  Suit,  nor  be  deemed  Matter  of  Error ;  any  Law  or  Ufage  to 
the  contrary  notvvithftanding. 

XIX.  AND  be  it  further  Enacted  by  the  Authority  aforefaid.  That  every  Colo- 
nel failing  to  appear  at  fuch  Court,  and  every  Lieutenant  Colonel  or  Major  failing 
to  appear  at  the  general  Mufter,  or  fuch  Court  as  aforefaid,  for  every  fuch  OfFtnce, 
fhall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation   Money  ;  and   every 

Captain 


LAWS      C/'     N  O  R  T  H  "  C  A  R  O  L  i  N  A.  43  9 


Captain  failing  as  aforefaid,  Ihall  forfeit  and  pay  Three  Pounds  •,  and  every  Lieu-    ^-  ^-   ^7^^- 
tenant  or  Enfio-n  failing  to  appear  at  the  General  Mufter,  Forty  Shillings  -,  uiiids     ^-•■*V**'-«f 
they  (hall   make  fuch  Excuie    for  their  Abfence  to  the  next  fuccceding  Court 
as  the  find  Court  fliall  judge  fufficient :  An.l  every  Captain,  or  in  his  Abknce  the    caprain  to  return 
Clerk  of  the  faid  Company,  iliall  return,  on  Oath,    an  exafl  Lid  of  the  Ftrions    =^;J''f^  "[hfiX^' 
who  iiave  been  fined,  and  whether  for  Abfcrxe  or  Want  ot  Accoutrements  •,    and    n?es, 
every  Captain  fliall  then  and  there  pay  into  the  Court  all  fuch  Fines  as  he  lliall  have 
received,  under  the  Penalty  of  Fiity  Pounds,  to  be  levied  by  a  Warrant  from  the 
Colonel  J  which  faid  Fine  fhul!  be  applied  as  oth:;r  Fines  by  this  Adt  are  direded. 

XX.  AN D  he  ii  further  EnaHed.,  by  the  Authority  aforefaid.  That  €ach  and  every  Captains  tu  pm. 
Captain  fhall  piocure  a  Copy  of  this  Act,  and  lodge  the  lame  with  the  Cleik  of  his  [11"/^.^'^''  *' 
Company,  and  be  allowed  for  the  iame  out  of  the  Fines. 

XXI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Officer  M\\t>^  .exempt 
or  Soldier  ordered  and  directed  by  this  i\St  to  appear  at  Mufter  as  aforelldd,  fhall  Mal«  oljt  °" 
.be  liable  to  be  taken  or  arrefled  by  any  Oificer  in  any  civil  Adion  or  Procefs  what- 

•foevcr,  on  the  Day  fuch  ferfon  is  dircdted  to  appear,  in  any  realbnable  Time,  either 
in  oo'xnrr  to,  continuing  at,  or  returning  home  irom  the  Place  appointed  to  mufter, 
but  every  fuch  Arreit  is  hereby  declared  to  be  if)fo  fat'/o  void  ;  and  all  Ollicers  are 
hereby  required  to  take  Notice  thereof;  any  Law,  UTage,  or  Cuftom,  to  the  con- 
trary, notwithflanding. 

XXII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Per-    Ard  to, af  Ferry 
fon  liable  to  appear  or  mufter,  going  to,  or  returning  from  any  Mufter,  fhall  be    ''*' '"  '^'"''e". 
fuffered  to  pafs  over  any  Bridge,  and  jhall   be  put  over  any  Ferry,  without  Delay, 

free  from  any  Charge  v,?hatfoever :  And  if  any  Ferryman  lliall  demand,  delay,  or 
refufe,  to  put  fuch  Perlbn  or  Pcrfons  over,  he  fhall  forfeit  and  pay  for  every  fuch 
Offence  the  Sum  of  Twenty  Shillings ;  to  be  recovered  by  a  Warrant  from  a  Juftice 
of  the  Peace-,  one  Flalf  to  the  Informer,  the  other  iialf  for  the  Ufe  of  tiie  Parifh 
wherein  the  Offence  was  committed. 


t^iin  nfpy  ^i- 
n\\n a.i  ail  Oath. 


XX III.  A  N  D  be  it  farther  Enaficd,    by  the  Authority  aforefaid.    That  when  it    c 
fhall  be  thought  reqnifite  to  fwear  any  Perfon  or  Perfons  upon  any  Trial  before  any    "' 
Captain,  about  any  i'uies  or Venakies  in  this  AiSl  diredted,  it  fhall  and  may  be  law- 
ful for  the  fiid  Captain  to  adminifter  any  fuch  Oath. 

XXIV.  AND  be  it  further  EnaFfed,  by  the  Authority  aforefaid.    That  this  AcH:    ront:nuanc!if 
ihall  be  and  continue  in  Force  for  and  during  the  Term  of  Five  Years,    and  no    '''*  ''^^' 
Ion  tier. 


C    H  A  P.     IV. 

Att  Act  to  direH  Sheriffs  in  levying  Executions,  and  the  Difpofal  of  Lands,  Goods,  and 
Chattels,  taken  thereon.     E  X  P. 


C  H  A  P.     V. 

An  A5i  to  am^nd  and  explain  an  Act,  intituled.  An  A(5t  for  dividing  this  Province 
into  Six  feveral  Diftrids ;  and  lor  eftabliOiing  a  Superior  Court  of  Juftice  in 
each  of  the  faid  Diftrids,  and  regulating  the  Proceedings  therein;  and  for  pro- 
viding adequate  Salaries  for  the  Chief  Juftice,  and  Aflbciate  Juftices  of  the  faid 
Superior  Courts,     (a) 

IV,     A    N  D  ^(?  it  further  Enaiicity  hy  the  Authority  afarefaicl.  That  it  fliall  and  may  be  lawful  for  any     AfTociitcj     Kcoj 
X  \.  AiTociate  Jullicc  of  the  faid  Superior  Courts  to  receive  the  fame  Fees  and  Perquifites  which     <"of  Sftviccs  dor.f 

{1^2     out  ot'  Coutt, 


(a)  The  f.rft  three  i>(.'t^lons  of  this  hiX,  for  allowing  a  iiabrj-  to  the  AfTociates,  expired. 


440 


LAWS    of    North-Carolina. 


Method   o 
feruting 
wh»re      I 
lives    out 
Hruvince. 


A.  D.  iy68.     the  Chief  Juftice  might  take,  or  would  be  intitled  to  receive,  for  taking  the  Probate  or  Acknowledg- 
Wii  ^/■iiiiM^      ment  of  any  Deed,  Letter  of  Attorney,  Private  Examination  of  Feme  Coverts,  making  Orders,  tak- 
ing Affidavits,  admjniftering  Oaths, ^  and  granting  Certificates,    or  any  other  cuflomary  IVlatter  or 
Thing,  which  the  Chief  Juilice  of  this  Province  may  or  can  lawfully  do  out  of  Court  by  Virtue  of  his 
faid  Office. 

Nt  Clerk  to  hjld         V,     /i N D  ie  if  further  EnaSe(f,    hy  the  jiuthority  afore/aid.  That  no  Clerk  of  any  Inferior  Court 
two      Arpo.nc-     lliall  be  appointed  to,  or  hold  the  Office  of  Clerk  of  any  Superior  Court  in  this  Province, 

f  pM-  VI.  AND  whereas  a  Number  of  litigious  Su'ts  have  been  commenced  and  profecuted  in  the  dif- 
Suits,  ferent  Courts  in  this  Province,  by  Perfons  Inhabitants  of,  and  Rcfidents  in  neighbouring  Colonies  ; 
iaintiff  wliich  Suits  the  Plaintiff,  after  occafioning  great  Charges  and  Expence  to  the  Defendant,  either  neg- 
'^^  ''"^  Icdl  to  profecute,  or  are  caft  in,  from  the  Want  of  a  fufficient  Caufe  of  Aftion  ;  and  being  out  of  the 
Jurifdidion  of  the  Court,  the  Defendant  is  witliout  Remedy  for  fuch  his  Cofts  and  Charges :  Be  it 
therefore  Enafted,  by  the  Authority  aforefai^.  That  no  Council,  or  Sollicitor,  or  Attorney,  fhall,  for 
the  future,  commence  or  profecute  any  Suit  or  Adlion  for  any  Perfon  or  Perfons,  Inhabitants  nf,  or 
Refidents  in  any  other  Province,  againll  any  Inhabitant  or  Refident  of  this  Province,  until  he  fhall 
have  firft  filed  in  the  Clerk's  Office  of  the  Dillrift  or  County  a  Bond,  with  fufficient  Security,  payable 
to  the  Defendant ;  with  Condition  for  the  Payment  and  Satisfadion  of  all  fuch  Sums  of  Money  as  the 
faid  Plaincif}"  fhall  be  chargeable  with  by  Rcalbn  of  the  Profecution  of  the  faid  Suit,  whether  the  fame 
be  due  to  the  Defendant,  Officers  of  the  Court,  Jurors^  Witneffes,  or  Surveyors  ;  to  be  recovered  on 
&  Sciri  Facias,  in  the  fame  Manner  as  Judgments  are  recovered  on  Bail  Bunds:  And  in  Cafe  any 
Councillor,  Sollicitor,  or  Attorney,  fhall  bring  any  Suit,  without  taking  and  lodging  fuch  Bond  as 
aforefaid,  he  fhall  be  liable  to  fuch  Colls  and  Charges  as  may  accrue  or  arife  in  the  Inflances  afbrefaid. 

R  p'-allnjClaufe.  VII.      ji N D  he  it  further  Enabled,    by  the  Authority  aforefaid.    That  from  and  after  the  pnfTing  this 

Aft,    fo  much  cf  the   before  recited  A^t  as  comes  within  the  Purview  and  Meaning  of  this  Ad,  is 
hereby  declared  to  be  henceforth  null  and  void,  to  all  Intents  and  Purpofes  whatlbever. 


Preamble. 


Sales  of  Lanta 
fold  'in  E)£ir>j'.i./H 
declired  good. 


C  H  A  P.     VI. 

An  A5f  to  relieve  fuch  Perfons  uoho  have  purchafed  Lands  fold  hy  Execution^  and  have 

not  obtained  'Titles  to  the  fame. 

HERE  AS  by  an  Aft  of  the  General  AfTembly,  pafTed  at  Wilmington,  in  the  Year  One 
Tiioufaud  Seven  Hundred  and  Sixty  Four,  declaring  Lands,  and  other  real  Ellate  in  this 
Province,  liable  for  the  Payment  of  Debts,  and  fubjcd  to  be  taken  in  Execution  and  fold  for  that 
Purpofe,  and  Conveyances  under  fuch  Sale  to  be  made  by  the  Sheriff' felling  the  fame  ;  and  in  Cafe  of 
his  Death,  or  Removal  from  Office,  the  Conveyance  to  be  made  by  his  Succefibr  in  Office  :  And 
wliereas  many  Trads  of  Land,  in  Virtue  of  the  faid  Ad,  have  been  formerly  taken  in  Execution  and 
fold  ;  but  by  Reafon  of  the  Death  of  the  SherifrTL-lling  the  fame,  and  the  Doubts  of  the  fucceeding 
Ones,  Titles  have  not  been  made  to  the  fair  and  open  Purchafers,  who  have  paid  the  C'onfideration  of 
fuch  Sales  at  the  Time  of  felling,  which  Doubts  have  aiifen  from  the  Publication  here  of  his  Majelly's 
Royal  Difallowance  of  that  Ad  :   I'hat  tliC  f  .ir  Purchaler  may  be  remedied  herein, 

II.  B  E  it  Er!.iSlcd,  by  the  Governor,  Ciiiiuil,  and  AJfembly,  and  by  the  Authority  of  the  fame.  That 
any  Perfon  or  Perfons  who  heretofore,  and  until  the  Publication  of  the  Difallowance  of  the  Ad  afore- 
faid, have  adually  purchafed  any  Lands  fold  by  any  Sheriff"  as  aforefaid,  and  have  bona  fide  paid  th2 
full  Confidcration  Money  Tir  the  fame  to  the  SherilF,  for  the  Purpofes  for  which  the  fame  was  fold, 
and  hath  not,  from  the  Oblbudions  aforefaid,  obtained  a  proper  Conve\ance  of  the  Title  of  fuch 
Lands  from  the  Sheriff",  according  to  the  Diredions  of  the  faid  Ad,  may,  and  are  hereby  authorized, 
to  dfi^iand  of  the  Sheriff  now  in  Othce,  or  the  Shcrift'for  the  Time  being,  of  the  County  wherein 
fuch  Lands  lie,  a  proper  Deed  of  Conveyance  for  the  fame  Lands :  And  fuch  Sheriff  is  hereby  autho- 
rized and  requiied,  on  Application  of  the  Purchafer  as  afrufaid  ;  and  in  Cafe  of  his  or  her  Death,  on 
the  Application  of  the  Heir,  Executors,  I.egatce?,  or  Affignees  of  faid  Deceafed  (where  of  Right  it 
ou<Tbt  to  be  done)  to  make  fuch  fufficient  Deed  or  Conveyance  in  Law,  of  the  Lands  fo  fold,  as  the 
Sheriff,  at  the  Tiine  of  making  the  bale,  in  Virtue  of  the  Ad  aforefaid,  could  or  ought  to  have  done; 
and  all  Deeds  or  Conveyances  made  and  executed  as  aforefaid,  in  Virtue  hereof,  are  hereby  declared 
to  be  "cod  and  valid  ;  and  fhall  be  as  efledual  in  Law  for  conveying  the  legal  Title  of  the  Lands 
therein  mentioned  to  the  Purchafer  th'--reof,  his  or  her  Reprefcntative  as  aforcfaic,  as  if  the  fame  Con- 
veyance had  been  made  at  the  Time  of  the  Sale  on  Execution,  by  the  Sherifi"  felling  the  fame. 


CHAP.     VII. 

An  A^  to  enlarge  the  Time  for  Sherifs  to  fettle  their  Accounts  with  the  Juflices  of  the 

Inferior  Courts  of  Pleas  and  ^uarkr  SeJRons  of  the  Counties  therein  mentioned,  (a) 
^  -^  -^  •"         '  ]II,  AND 


(a)  The  ill  and  2d  Claufes  of  this  Ad  provided  for,  by  allowing  further  Time  for  the  Sheriffs  of 
hofc  Counties  to  fettle  their  Accounts,  by  Ads  D.c.  J770,  Chap.  38,  Nov.  1771,  Chap.  8. 


LAWS    o/'North-Carolina. 


441 


IFI.    AND  whereas  no  Provifion  is  made  by  the  before  recited  Adl  for  the  Sheriffs,  in  Cafe  they    A.  D.    i768« 
XV  ftiould  be  prevented  by  Weather,  Sicknefs,  Non-Attendance  of  the  Juftices  at  the  Time  of     ■ ..    -y-.  _t 
holding  the  Inferior  Court,  between   the  Firft  Day  of  Odober  and  the  Firll  Day  of  January,  or  other    Further  Time  il. 
Accident,  whereby  a  Settlement  may  be  prevented  :    And  whereas  by  Reafon  of  the  Shortnefs  of  the    '^'"^'*  ^"^  f"^"'«ns 
Time  limited  by  the  before  recited  Aft  for  the  Sheriff's  of  the  feveral  Counties  in  this  Province  to  {ittle    Sherifs  Acwunti. 
and  account  with  the  Juftices  of  their  refpedive  Counties;    and  alfo,  by  Reafon  of  the  great  Scarcity 
of  Currency,  it  hath  been  found  imprafticable  for  the  feveral  Sheriffs   to  fettle  for   their  Colledion  of 
Public  Taxes,  fo  as  to  intitle  them  to  the  Benefit,  Privileges,  and  Advantages,  which  by  faid  Ad 
they  would  be  intitled  to,  could  they  fettle  and  account  with  the  Jullices  of  their  refpedive  Counties, 
at   the  Inferior  Court  to  be  held  between  the  Fiift  Day  of  Oaober  and  the  Firft  Day  o(  January  :    For 
Remedy  whereof.    Be  it  further  Enaaed,    by  the  Authority  aforefaid.    That  it  ftiall  and  may  be  lawful 
for  the  Juftices  of  the  feveral  Counties  within  this  Province,  at  any  Inferior  Court  held  between   the 
Firft  Day  of  Oaober  and  the  Tenth  Day  of  April,  in  each  Year,  to  fettle  and  account  with  the  Sheriff 
of  the  refpedive  Counties  for  the  County  Tax:   And  any  Sheriff  fettling  and  accounting  with  the  Juf- 
tices at  any  Inferior  Court,  held  in  the  County  whereof  he  is,  or  has  been  Sheriff",   between  the  Firft 
Day  of  Oaober  and  the  Tenth  Day  of  April,  as  aforefaid,  for  his  Colledion  of  Taxes  in  the  preceding 
Year,  Ihall  be  intitled  to  the  fame  Allowance,  Benefits,  and  Advantages,  as  if  fuch  Settlement  had 
been  made  between  the  Firft  Day  of  Oaober  and  the  Firft  Day  of  January ;  any  Thing  contained  in 
the  afore-mentioned  Ad,  to  the  contrary,  notwithftanding. 

IV.  AND  whereas  there  are  many  Counties  within  this  Province  wherein  the  Public  Taxes,  for  Govrnor  may 
Want  of  an  ading  Sheriff  in  fuch  Counties,  have  not  been  colleded,  to  the  great  Lofs  and  Injury  of  •'Pf'  'I'^olleilors 
tlie  Pcblic  :   To  remedy  which  Evil  and  Inconvenience.  Be.  it  F.nn^p^    hy,  tU^  /l,.il,r.y,i^,  ^fr.,^r^;^    Th^.^    of  Taxes. 


.z,>.u  aiivi  miy^'Tfy.,^^,  lu  opj^u.iii,  aiiu  \jy  iii;>  \-ujiijiiiiiiuii,  lo  conuuuce  any  I'reenoicier  or 
fuch  County,  of  fufficient  Circumftances  and  Abilities,  Colledor  of  the  Public  and  Cc  unty  Taxes,  of 
fuch  County  as  have  been,  or  hereafter  (hall  be  deftitute  of  a  Sheriff,  to  colled  the  Public  Taxes  now 
due,  or  that  hereafter  may  become  due  from  fuch  County  ;  fuch  Colledor  firft  entering  into  Bond,  and 
fufHcient  Security,  for  the  true  and  faithful  colleding  of,  and  accounting  for,  the  Public  and  County 
Taxes  by  him  to  be  colleded,  in  the  fame  Manner,  and  under  the  fame  Regulations,  as  by  Law  ading 
Sheiift's  are  required  to  do. 

V.     A 'ND  be  it  further  Enaaed,    ly  the  Authority   aforefaid.    That   fuch  Colledor  Ihail  have,  ufej     Their  Powet  and 
and  exercife,   the  fame  Power  and  Authority,  to  make  Diftrefs  for  Levies,  and  be  intitled  to  the  fame    AUowdnce, 
Coiiimifiions  and  Allowance,  as  by  Law  Sheriffs  may  have  or  are  intitled  to. 


CHAP.    VIII. 

M  /I 61  to  amend  an  Ad,  for  eftahlijhhig  Public  IVarehoufes  in  the  Totvns  of  Halifax 
and  Campbleton,  for  the  Injpetiion  of  Hemp  and  Flax,  and  other  Purpofes. 

I    "IT  7  HERE  AS   by  the  above-mentioned  Ad  it  is,  amongft  other  Things,  direded,  that  the    •''"'"'''*• 

VV  Hemp  and  Flax  to  be  received  by  the  Infpedors  Ihall  be  prized  into  Bales  or  Bundles,  and 
in  that  Manner  delivered  out  to  tlic  Exporter;  and  the  Oath  in  the  fame  Ad  enjoins  them,  amongft 
other  Things,  "  That  they  ihall  not  change,  alter,  or  give  out,  any  Hemp  or  Flax,  other  than  that 
••  for  which  the  Receipt  to  be  taken  in  was  given  ;"  which  Diredions  and  Reftridions  have,  on  Ex- 
perience,  been  found  very  inconvenient  and  ufclels : 

II.      BE  it  therefre  Enclied,   by  the  Governor,   Council,   and  AJfemhly,  and  by  the  Authority  of  the  fatne.    Manner  of  prlx. 
That  from  and  immediatL-ly  after  the  paffing  this  Ad,  the  Inlpedor  at  each  of  the  faid  Warehoufes    ing  Hemp, 
ftiali,  and  is  hereby  direded,  to  prize  all  Ikmp  and  Flax  by  them  received,  and  all  fuch  as  they  ihall 
hereafter  receive,  into  good,  fubftaiitial,  and  well  hooped  Hogflieads,  of  not  more  than  Four  Feet  in 
Length,    and  Thirty  Inches  in  Diameter  at  the  Heads  within    the  Croze ;    which  Hogfheads,    when 
prized,  ftiall  be  well  lined  and  nailed,   fit  for  Exportation  :     And  tlie  fiiid  Infpedors,  in  Difcharge  of 
ti.eir  Notes,  as  by  the  Rules  in  the  faid  Ad  prefcribed,  Ihall  pay  out  the  lame  in  Hogftieads  as  afore- 
faid, of  Six  Hundred  Weight  netc  each  at  Icaft,  if  required  of  that  Weight  by  the  Owner  or  Exporter  : 
And  the  Perfon  receiving  out  any  fuch  Hogftieads  of  Hemp  or  Flax  lor  Exportation  fhall,  for  each    Fees  to  the  In- 
H^glhead,    pay  to  the  Infpedor  delivering  the  fame.    Six  Shillings  and   Three  Pence,  Proclamation    ^F'^flof. 
Money,    for  the  Calk  ;    and  alfo,  for  eVery  Hundred  Weight  of  Hemp  or  Flax   therein,  the  Sum  of 
Two  Shillings,  like  Money,  for  Infpcdion,  Prizing,  and   Nails,  and  Four  Pence  per  Hundred  for 
Warehoufe  Rent ;    which  laft  Sum  of  Four  Pence  per  Hundred,    to    be  paid   by  the  Infpedor  to  his 
County  Court,  as  by  faid  Ad  is  direded  ;    and  inftead  of  the  Oath  by  faid  Ad  direded,  the  faid  In- 
fpedors fhall  take  tiie  Oath  following,  lo  zvit, 

YOU  Jhall  f'wear  that  you  ivill  car  fully  njievj  and  examine  all  Hemp  and  Flax  brought  to  the  It^are-  ^'^^i^€\.ot*  0»tb.^ 
houje  ix-'here  you  are  appointed  lifpedor  ;  that  you  ivill  not  recei-ve  any  Hemp  or  Flax  that  is  not  in 
your  Judgment  bright,  clear,  and  merchaniable  %  but  that  you  ivill,  in  all  Things,  ixiell  and  faithfully  dif- 
charge  your  Duty  in  the  Ojfice  of  an  Infptdor,  according  to  the  beji  of  jour  Skill  and  Judgment,  and  accord- 
ing to  Law,  'without  Ftar,  Favour,  Affeaion,  Malice,  or  Partiality  ;  and  that  you  ivill  take  no  Fee  or 
Rfwardfor  any  Thing  done  by  you  as  Infpeaor,  other  than  the  Fees  appointed  by  this  Aa. 

SO     HELP     YOU     GOD. 


K  k  k 


m.  AND 


442 


L  ji  IV  S    of    North-Carolina. 


A.  D.  1768.  ,  III.  AND  whereas  the  Aft  for  granting  a  Bounty  on  Hemp  and  Flax  cultivated  in  this  Province 
V.,— -^, — -.^      is  now  near  expiring,  and  it  being  greatly  to  the  Advantage  of  this  Province  to  encourage  the  raifing 

Aft  continued.  thofe  valuable  Articles  of  Commerce  ;  Be  it  Enaaed,  That  the  faid  Aft,  intituled,  An  Ail  to  encourage 
the  Culture  of  Hemp  and  Flax,  and  other  Purpo/es,  or  fo  much  thereof  as  remains  unaltered  by  fubfequent 
Afts,  Ihall  be  and  remain  in  full  Force  for  and  during  the  Term  of  Four  Years,  to  be  accounted  from 
the  Time  at  which,  by  the  Tenor  thereof,  it  would  otherwife  expire. 

Repealing  Chufe.  IV.  AN  D  be  it  further  Enailed,  That  fo  much  of  the  Aft  firfl:  above  mentioned,  as  is  within  the 
Purview  of  this  Aft,  is,  and  Hands  hereby  repealed  and  made  void. 


Preamble. 


Stone  Horfcs  un 
dcr  14  Hand: 
not    to    run 


at 


CHAP.     IX. 

An  ASl  to  amend  an  A£l^  intituled.  An  A61  to  reftrain  the  keeping  of  too  great  a 
Number  of  Horfes  and  Mares,  and  for  amending  the  Breed. 

I.  "WJ  H  E  R  E  A  S  by  an  Aft  of  AfTembly,  pafTed  at  Edenton,  on  the  Twenty  Third  Day  of  No- 
YV  member,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Twenty  Three,  inti- 
tuled. An  Act  to  reftrain  the  keeping  of  too  great  a  Number  of  Horfes  aud  Mares,  and  for  amending  the 
Breed;  it  is  Enaftcd,  among  other  Things,  that  no  Perfon  whatfoever  fhall  fufter,  or  let  go  at  laige, 
any  Stone  Horfe  or  Horfes,  of  Two  Years  old,  unlefs  fuch  Horfe  or  Horfes  (hall  be  at  leall  Thirteen 
Hands  in  Height,  under  certain  Penalties  and  Forfeitures  in  faid  Aft  fpecified  :  And  whereas  the  fuf- 
fering  Horfes  of  that  Age  and  Size  is  found  prejudicial  to  the  Breed ; 

II.  B  E  it  Enailed  by  the  Governor,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame.  That 
from  and  after  the  paffing  of  this  Aft,  no  Perfon  whatfoever  in  this  Province  ihall  fuffer,  or  let  go  at 
large,  any  Stone  Horfe  or  Horfes,  ol  Two  Years  old  or  upwards,  unlefs  fuch  Horfe  or  Horfes  fliai'l  be 
at  leaft  Fourteen  Hands  in  Height,  upon  Penalty  of  forfeiting  fuch  Horfe  or  Horfes,  or  the  Sum  of 
Twenty  Shillings,  to  the  Taker  up  of  every  fuch  Scone  Horfe,  provided  the  lame  be  found  running 
at  large  not  within  the  Confine  of  any  Fence,  Water,  Marlh,  or  Swamp  j  any  Thing  contained  in 
the  aiorefaid  Act,  to  the  contrary,  notvvithllanding. 


CHAP.     X. 

An  Act  for  dividing  the  County  c/"  Mecklenburg,  and  other  Purpofes. 

Preamble.  I.  "^TTHEREAS  by  Reafon  of  the  large  Extent  of  the  County  of  Meckhnburg,  it  is  greatly  in- 

VV     convenient  for  the  Inhabitants  to  attend  the  Courts  of  the  aforelaid  County,    and  other 
public  Duties  by  Law  required  : 

Mecfelen'orR  di-  II.      BE  it  therefcre  EnaBed  by  the  Governor,   Council,  and  Affembly ,  and  hy  the  Authority  of  the  fame, 

vided,  andTryon  That  from  and  after  the  Tenth  Day  of  ^/r;7  next,  the  faid  County  of  Mffi/^w^wr^  (hall  be,  and  is 
County  ercacd.  jiefgby  divided  into  Two  diftinct  Counties  and  ParKhes,  by  a  Line  beginning  at  Earl  Granville^  Line, 
where  it  crofles  the  Catawba  River  ;  and  the  faid  River  to  be  the  Line  to  the  South  Carolina  Line; 
and  that  all  that  Part  of  the  faid  County  which  lies  to  the  Eallward  of  the  fiid  dividing  Line  ihall  be 
a  diftinct  County  and  Parifh,  and  remain  and  be  called  by  the  Name  oi  Mecklenburg  County,  and  St. 
Martin's  Parifli';  and  that  all  that  Pan  of  the  County  lying  to  the  Weftward  of  the  fiiu  dividing  Line 
fhall  be  one  other  diftinct  County  and  Parifh,  and  be  and  remain  by  the  Name  of  Tryon  County,  and 
St.  Thomas's  Pari(h. 

Courts     when  III-      AND  be  it  further  EnaSled,    by  the  Authority  aforefaid.    That  after  the  faid  Tenth  Day  of 

held.  April  next,  the  Court  for  the  faid  County  of  Mecklenburg  fliall  be  conftantly  held  by  the  Juftices  thereof 

at  the  Court-Houfe  in  the  faid  County,  on  the  i  hird  1  ucjday  in  April,  July,  Odober,  and  January  ; 
and  alfo  that  the  Court  for  the  faid  County  oi  Tryon  (hall  be  conltantly  held  by  the  Juilices  thereof  at 
ftfch  Place  as  Jhall  be  laid  off  and  agreed  upon  by  the  Commiffioners  herein  after  named,  for  the  di- 
refting  and  agreeing  with  Workmen  for  building  the  public  Buildings  for  the  faid  County  oi  Tryon, 
upon  the  Fourth  Tuefday  in  April,  July,  Oilober,  and  January,  in  every  Year,  as  by  the  Laws  of  this 
Province  is  or  (liall  be  provided,  and  by  CommifTion  fhall  be  directed  to  the  Juftices  of  the  faid  Coun- 
ties refpectively. 

Curt- Hod ff,  IV.  AND  whereas  the  Court-Houfe  of  the  faid  County  of  Mecklenburg  already  built  is  not  central, 
Ptifon,&  Stocks,  Be  it  further  EnaRed,  by  the  Authority  aforefaid.  That  it  (hall  and  may  be  lawful  (at  any  Time  after 
to  be  built.  j^^  Expiration  of  Seven  Years  from  the  paffing  of  this  Act)   for  the  Juilices,  with  the  Confcnt  of  the 

Majority  of  the  Freeholders  of  the  faid  County,  to  fell  and  difpofe  of  fuch  Court-Houfe,  Piifon,  and 
Stocks,  already  built,  and  to  erect  and 'build  another  Court-Houfe,  Prifon,  and  Stocks,  at  any  other 
Place  in  the  faid  County  more  central :  And  the  Juilices  of  the  faid  County  are  hereby  authorized  and 
impowered  to  apply  the  Money  arifing  from  the  Sale  of  the  old  Court-Houfe,  Prifon,  and  Stocks,  to- 
wards building  fuch  new  Court-Houle,  Prifon,  and  Stocks  ;  and  alfo  to  lay  a  Tax  on  each  and  every 
taxable  Perfon  in  the  faid  County,  fufficient  to  erect  and  finifh  fuch  new  Court-Houfe,  Prifon,  and 
Stocks  ;  to  be  collected  by  the  Sheriff  of  the  faid  County,  and  accounted  for  and  paid  to  the  JufticEs 
of  the  faid  County,  in  the  fame  Manner  as  he  is  by  Law  to  account  for  and  pay  other  County  Taxes ; 

to 


L  A  JV  S    of    North-Caroliha. 


443 


to  be  applied  by  the  JulHces  of  the  faid  County  towards  erecting  and  building  the  faid  Court- Houfe, 
Prilbn,  and  Stocks,  according  to  the  true  Intent  and  Meaning  of  this  Act. 

V.  AND  be  it  further  Enaiied,  by  the  Authority  afcrefcud.  That  nothing  herein  contained  (hall 
be  con  ft  rued  to  debar  the  Sheriff  of  the  faid  County  of  Jitt^-/i/;i^^;_g-,  as  it  now  ftands  undivided,  to 
make  Diftrefs  for  any  Levies,  Fees,  or  other  Duties,  that  (hall  be  due  from  the  Inhabitants  of  the  faid 
County  on  the  faid  Tenth  Day  q{  April,  in  the  fame  Planner  as  he  might  have  d.^ne  by  Law,  if  the 
faid  County  l'..id  reniaii.cd  undivided  J  and  the  faid  Le\iLS,  Fees,  and  other  Duties,  fhall  be  accounted 
for  in  the  ianic  Manner  as  if  this  Act  had  never  been  made  ;  any  Thing  herein  contained,  to  the 
contrary,  notwithllanding. 

V/.     P  ROVII)  E  D  al-n:ays.  That  nothing  herein  contained  (hall  be  conftrued,  deemed,  or  taken,     r,,  jip, 
to  alter  or  derogate  trom  the  Right  and  Royal  Prerogative  of  his  Mi.jelty,  his  Heirs  and  Sacce(fors,  of    of    incorp-r!ti'ng 
granting  Lette-s  of  Incorporation  to  ihe  faid  County  of 'TTj'o^z ;    and  of  ordering,  appointing,  and  di-     the  County  faved 


A.  D.    1768. 


Sheriff  to  make 
D  ftrtfs  for  Thxc! 
as  before  the  Di- 
v.fi.n  of  the 
Cuunty, 


to  bis  Majifly. 


Comirifli.incrs 
appninted  for 

fcuiiiling  a  Vixiaa, 
Ac. 


granting  J_.ette.s  01  Jnco^p „..  .„  ...^  .„.„  ^„„.i.,  «,  ^..ju,^,    .i.,v.  w.  v.,vavi..ig,  ajji^viuimj^,  ai,u  ui- 

recliue,  the  Ejection  of  Member-  to  reprefent  the  fame  in  Alllmbiy;  and  granting  iVlarkets  and  Fairs 
tj  be  kept  an<i  held  in  the  la^d  County  ;  but  that  the  faid  Right  and  Prerogative  Ihall  and  may,  at  all 
Times  JiereLfter,  be  exerciiLU  thcieiii  by  his  faio  Majelty,  hi^  Heirs  and  Succelfiors,  in  as  full  and 
ample  Manner,   to  ail  Intents  and  Purpofes  whaiioever,  as  if  this  Act  had  never  been  made. 

VII.  AND  be  it  further  EnaSied,  by  the  Auhoiity  af ere/aid,  ThM  Thomas  Neal,  Henry  Clark,  Wil- 
liam Yancey,  Daniel  H'arlock,  Jacob  Forney,  John  Gordon,  and  PVtlliaiu  Watfon,  and  the  burvivor  or 
Survivors  of  them,  be,  and  are  hereby  appointed  Comniiffioners ;  and  are  hereby  impowered  and  di- 
refted  to  agree  and  contract  widi  Workmen  (or  erecting  and  building  a  Court-Houfe,  Pnfon,  and 
Stocks,  for  the  Ufc  of  the  faid  County  oiTryon, 

VIII.  AND  fcr  reimbuifing  the  faid  CommiiTioners  the  Money  they  (liall  expend  in  erecting  the 

faid  Buildings,    Be  it  further  Enacted,    by  the  Authority  afore/aid.   That  a  Poll-Ta>;  of  Two  Shillings.      ^^^  ^''"*  '"°'  *•"* 

Proclamation  Money,  per  Annum,  Ibail    Oe  levied  on  each  taxable  Pcribn  in  the  (aid  County  of  T,yon, 

for  Two  Years,   next  after  the  faid  PernhDay  of  April :  And  that  al!  Peribns  who  (hall  neglect  to  pay 

the  faid  Tax  till  after  the  Tenth  Day  oi March,  in  each  Year,   (hall  be   thereafter  liable  to  the  fame 

Diftrefs  as  for  Non-P.-^yment  of  Public  Taxes}    and  the  Sheriff" of  the  faid  County  is  hereby  required 

and  direcled,  on  or  beloie  the  1  enih  Day  oi  June  in  the  faid  Years,  refpedlively,  to  account  for,  and 

pay  the  Money  fo  by  him  collected,  to  the  CommiiTioners  aforefaid,  after  deducting  Eight  per  Cent. 

for  his  Trouble  in  collecting  the  fame  ;    and  in  Cafe  of  Failure  or  Negleft  therein   by  tiie  Sheriff,  he 

Hiail  be  liable  to  the  fame  Penalties,  as  by  Law  may  be  had  againft  Sheriffs  who  neglect  or  refufe  to 

account  for  and  pay  Public  Taxes.  ^ — _^ 


IX.     PROVIDED  neiierthelefs.  That  if  the  Money  fo  to  be  collefled  (hall  be  more  than  fulficient 
to  anfwer  t^e  Purpofes  aforefaid,   the  Commiihoners  (hall  account  for,  and  pay  the  Overplus  thereof  to     ^"7 
the  Jullices  of  the  faid  County  oi  Tryon,  to  be  applied  towards  defraying  the  contingent  Charf^es  of 
die  faid  Cuunty. 


Surplus  appropri' 


X.  AND  be  it  further  Enailed,  by  the  Authority  aforefaid.  That  the  SherilFof  the  County  of  Try  en 
for  the  Time  being,  after  the  faid  1  enth  Day  oi  April,  fliall  account  with,  and  pay  to  the  public 
Treafurer  of  the  Southern  Diftrict  of  this  Province,  all  Public  Taxes  by  him  collected  j  under  the 
like  Rules  and  Rellridicns,  Pains,  Penalties,  Procefs,  and  Remedy,  as  other  Sheriiis  are  by  Law 
fubjeft  to  in  like  Cafes. 


XI.  AND  be  it  further  Ena^td,  by  the  Authority  aforefaid.  That  after  the  faid  Tenth  Day  of  A'iril 
the  County  oi  Tryon  (hall  be,  continue,  and  remain  Part  of  the  Diffrid  of  the  Superior  Court  for  the 
'D\Q.n&.  oi  Salijbury  :  And  the  Juftices  ot  the  faid  Inferior  Court  ot  Trjc/;  (hall,  and  they  ate  hereby 
diredled,  before  every  Superior  Court  held  for  the  Diffrift  aforefaid,  to  nominate  and  appoint  Six 
Freeholders  to  ferve  as  Grand  and  Petit  Jurors  at  fuch  Superior  Court;  a  Lilt  of  which  Jurors  fo  no- 
minated, (hall  be  delivered  by  the  Clerk  of  fuch  Court  to  the  ShcrilF,  who  (hall,  and  is  hereby  re- 
quired, to  fummon  the  Perfons  fo  nominated  to  ferve  as  Jurymen  at  the  faid  Superior  Court;  which 
jurymen  lb  nominated,  (hall  have  and  receive  the  fame  Allowance,  and  fhall  be  under  the  lame  Rules 
Fines,  and  Rellriftions,  as  other  Jurymen  in  the  refpedtive  Counties  of  this  Province. 

XII.  AND  whereas  the  Number  of  Jurors  to  (ervQ  at  the  Superior  Court  in  Salijhury,  for  the 
County  oi  Mecklenburg,  vvcre  formerly  Seven  Grand  and  Seven  Petit  Jurors;  Be  it  Enaiied,  by  the  Au- 
thority aforefaid.  That  the  Jullices  of  \.\,^  QovkHty  oi  Mecklenburg  HiynW,  for  the  future,  appoint  only 
Four  Perfcns  to  ferve  as  Grand  Jurors,  and  Four  Perfons  to  ferve  as  Petit  |urors,  at  the  faid  Superior 
Coari  oi  Sail  fury  ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithllanding. 

XIIL  AND  be  it  further  Enaffed,  by  the  Authority  aforefaid.  That  the  Freeholders  of  the  faid 
Pariihes  o(  St.  Martin  and  St.  Thomas,  refpedively,  fhall,  on  next  Eafer  Monday,  meet  at  the  Places 
where  the  Inferior  Courts  of  the  Counties  oi  Mecklenburg  and  Tryon  aie  held,  then  and  there  to  choole 
and  elect  Veftrymen  for  the  faid  Parifltes  of  6'/.  Martin  and  St.  Thomas  ;  which  Vellrymen  (hall  be 
chofen,  and  in\  efted  with  the  fame  Powers  and  Authorities,  and  liable  to  the  fame  Rules,  Reftriftions 
and  Penalties,  as  the  \ellries  are  by  Law  fubjedted  to  :  Which  Vellrymen  (b  chofen  and  eleded,  (hall 
be  and  lemain  the  Vellries  of  the  faid  Pariihes  of  St.  Martin  and  St.  Thomas,  until  the  Time  by  Lav/ 
appointed  for  the  Ekdioii  of  Vellrymen  throughout  this  Province. 


SherifF  of  Tryoa 
when  to  a^  ciunt 
for  the  Taxes, 


Tryon    Part     of 
S..L'jbury  DIftrift, 


Jurymen    to 

ai,>l>oinc<;d. 


Number  of  Jtirois 
fur  Mccklciiburgt 


Vtftrics     to 

Ic 

rhvfn    for 

the 

Paiifhes    of 

Sr. 

Martin    and 

St. 

Thomas. 

Kkk  z 


CHAP. 


444 


LAWS    of    North-Carolina. 


Prf«mble. 


^-  D.   1768.  CHAP.     XL 

Jh  A^  for  eJlabliJJjtng  a  fown  in  Mecklenburg  County 

L  tT  THERE  AS  it  hath  been  reprefented  to  this  Aflembly  that  Three  Hundred  and  Sixty  Acrei 
VV  of  Land  was  gr;.nted  to  John  Frohock,  Abraham  4.txander,  and  Thomas  Pulk,  as  Commif- 
fioners,  in  Truft  for  the  County  aforcfaid,  for  erecting  a  Court  Ho ufe,  Prifon,  and  Stocks,  for  the 
Ufe  of  (iiid  County  ;  which  faid  Three  Hundred  and  Sixty  Acres  of  Land  was  afterwards  by  them  laid 
cfF  into  a  Town  and  Conimon  ;  and  that  Part  of  the  fiid  Three  Hundred  and  Sixty  Acres  of  Land 
bath  likewifc  been  laid  out  into  Lots,  of  Half  an  Acre  each,  on  fome  of  which  good  habitable  Houfe» 
have  been  cncled  ;  and  that  by  Reafbn  of  the  Hoalthincfs  of  the  Piace  aforefaid,  and  convenient  Situ- 
ation thereof  for  Trade,  the  (aine  might  foon  become  eonfiderable,  if  it  was  erected  ii.to  a  Town  by 
lawful  Authority  ;  to  which  tlic  faid  John  Frohock,  Abraham  Al.xundi^r,  and  Thomas  Po.k,  Ccmmiffi- 
oners  aforeHiid,  who  are  now  kizcd  in  Fee  of  the  laid  Three  Hur.d.ed  and  Sixty  Acres,  and  thofe  who 
claim  under  them,  having  confenied  : 

If.  BE  it  therefore  EnaSicd,  by  t  be  Governor  j  Council,  and  Ajjlmhly,  and  by  the  Authority  of  the  fame. 
That  the  faid  Three  Hundred  and  Six'ty  Acres  of  Land,  fo  laiu  vtt  ly  the  Commilfioners  or  Ti  ullees  a» 
aforefaid,  be,  and  the  fame  is  iiereby  conlHtutcd,  crect-d,  and  eliabliihcd,  a  Town  and  Town  Com- 
mon, and  (hall  be  called  by  the  Name  oi  Charlotte. 

point-  III,      AND  be  it  further  EnaSed,   by  the  Authority  aforefaid.    That   John  Frohock,   Abraham  Alexan- 

der, Thomas  Polk,  Richard  Berry,  ETquircs,  and  George  Allen,  and  evc;y  of  them,  be,  and  are  hereby 
appointed  Directors  and  TruUees,  for  directing  the  building  and  ca'r>i,,g  on  the  faid  Town  ;  and  they 
♦h :<!1  Hand  fciz.'d  of  an  indefeafibie  Ellae,  in  Fee,  in  tne  faid  Three^Hundred  and  Sixty  Acres  of 
Land,  to  and  for  the  Ufts,  Intents  and  Puri^^ofes,  hereby  expielfcd  and  declared  ;  and  they,  or  the 
Majjrity  of  ihem,  fliall  have  full  Power  and  Authority  to  mte  ,  as  often  as  they  (hall  think  ncceffary, 
and  caufe  an  exact  Plan  of  One  Hundred  Acres  of  the  faid  Land  to  be  miule,  as  near  as  may  be,  agree- 
able to  the  Streets  and  Lots  already  laid  ou',  and  the  Rf-fiJue  there  >f  ill  ill  be  and  remai  1  for  a  C  m- 
iiion  thereto;  and  that  the  (aid  F-iircctfrs  lliall  infert  a  Murk  or  Num  er  on  each  Lot  ;  which  faid  Plan 
fnail  be  kept  in  fume  convenient  Piace  in  the  faid  Town,  for  the  View  of  fuch  Fufons  who  have,  or 
incline  to  have  a  Lot  or  Lots  in  the  fame. 


Town    of  Char- 
lotte   tftibliiJu-d. 


Trnneef  a 

tc  tor  builii 


Tr>  excute  Deds 
for  L  Its   theiein. 


Provifn,  f  r  f.iv. 
ing  L'jis  in  fii.d 
fyyvn. 


IV.  AND  whereas  Eighty  Lots,  already  laid  off  In  the  faid  Town,  have  been  purchafed  ;  Beit 
iheicfre  EnacJjd,  by  the  Authority  aforefaid.  That  the  faid  Directors,  or*  the  Majority  of  them,  ihqll 
jnake  and  execute  Deeds  for  granting  and  conveying  the  f.iJ  Eiglity  Lots  to  the  Purchaf.-rs,  their 
Heirs  and  A..T!gns,  lor  ever  ;  and  alfo  to  every  other  Perfon  who  ihall  purchafe  any  other  Lot  or  Lots 
in  the  faid  Town,  at  the  C(  ft  and  Charges  of  the  Grantee  to  whom  the  fmie  fnall  be  conveyed,  he  or 
they  paying  to  the  Treafurer  herein  after  appointed,  the  annu.'l  Rent  of  One  Shilling,  for  each  and 
every  Lot ;  and  every  PerLn  claiming  any  Lot  Of  Lots  by  Virtue  of  any  fuch  Conve)'ance,  fliall  and 
may  hold  the  fame  in  Fee- Simple. 

V.  PRO  FID  ED  iicvirihelf.  That  every  Grantee  of  any  Lot  or  Lots  in  the  fiid  To>x  n  To  con- 
veyed, or  hereafter   to  be  conveyed,  fhall,  within  three  Years  next  after  the  Date  of  the  Conveyance 


Tr-afur^r  rf  the 
To*ii  aipiiLiittil. 


SareefTi^n  of  Di- 
ndiuxi  Itept  lip. 


iin»  riLi  picii-iiuLu,   iv.)r  ouijuing  ana  nniming  a  nouie  tneieon,  men 

fhall    not   be   built  and  finifhtd,  ftall  be  revelled  in  the  faid  Directors;   and  they,  or  tiie  Majoiity  of 

them.,  may,  and  aie  hereby  impowered  and  auihoiized,  to  foil  fuch  Lot  for  the  belt  Price  that  can  be 

had,  to  any  Perf  n  appl)ing  for  the  fame,  in  fuch  Manner,   and  under  fuch  Rillriflions,  as  they  could 

or  might  have  dene  il  /uch  Lot  had  not  before  been  fold  or  granted  ;    and  the  Monty  arifng  by  fucli 

Sale  to  be  applitd  as  the  Diredlors,  or  the  Majority  of  them,  fliall  tliink  proper,  Lr  the  Ufe  of  the 

Town. 

VI.  AND  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  Thcmcts  Polk  be,  and  is  hereby 
appointed  Treafurer  of  the  faid  Toun  ;  who  fliall  enter  into  B.ud,  with  fuflicient  Security,  to  the  Di- 
redcrs  of  the  faid  Town,  in  the  penal  Sum  of  Five  Hundred  Pounds,  that  he  will  well  and  truly  ac- 
count with  and  pay  the  Monies  he  ll.ail  iecei\e  in  Virtue  oi  his  Ofhce,  to  fuch  Perfon  or  Porfons  as  by 
this  AiX  he  is  directed  ;  And  on  the  Death,  or  Removal  out  of  the  County  cf  the  faid  Trtafnrer,  the 
remaining  Diiedtors,  or  the  Ma'ority  of  them,  by  Certi.lcate  under  their  Hands  and  Seals,  fliall  no- 
minate and  appoint  one  other  of  the  faid  Diredors  to  be  Treafurer  of  the  faid  Town  ;  and  fo  in  like 
Manner,  from  Time  to  Time,  as  often  as  the  faid  Office  fliall  become  vacant  as  aforefaid  ;  and  fuch 
Tieafurer  or  Treafurtrs  fr,all  enter  into  Bond,  with  '  ecurity,  in  the  fame  Manner  as  the  Treafurer  by 
this  Ad  appointed. 

VII.  AND  be  it  further  Enaaed,  by  the  Authority  nforefaid.  That  in  Cafe  of  the  Death,  RefuOd 
to  ad,  or  Removal  out  tif  the  County,  of  any  of  the  faid  Direftors,  the  furviving  or  other  Dircdors, 
cr  the  Majority  of  them,  flial!,  and  are  hereby  impowered,  fiom  Time  to  Timo,  by  Inllrument  of 
Writing,  under  their  refpeclive  Hands  and  Seals,  to  nominate  fome  other  Perfon,  being  an  Inhabitant 
or  Freeholder  in  faid  "i'own,  in  the  Place  of  him  {o  dying,  or  refufing  to  ad,  or  removing  out  of  the 
faid  County;  which  Diredor  fo  nominated  and  appointed  fliall,  from  thtncef  rth,  have  the  like  Power 
and  Authority,  in  all  Things  in  the  Matters  herein  contained,  as  if  he  had  been  cxprcffed  by  Name, 
and  appointed  by  this  Ad.  CHAP. 


L  A  iV  S    of    NoxTH -Carolina.  445 

CHAP.     XII.  ^,  D.  1768. 

An  A^  for  eftablijhing  a  'Town  on  the  Land  of  Benjamin  Wynn?,  on  Chowan  River » 

1.  TTTHEREAS  ic  hath  been   reprefentcd  to  this  Aflembly,  that  the  Land    preamble, 

y  Y  of  Benjamin  IVynns^  lying  on  the  Soutbiveft  Siue  of  Cbotvan  River,  in 
Hertford  County,  where  the  Court  inoufe  and  other  public  Building  are  credlcd,  is 
a  healthy,  pleafant  Situation,  well  watered,  and  commodius  for  Commerce;  and 
the  faid  Benjjriiin  IVynns  having  fignificd  his  free  Confenc,  by  a  Certificate,  under  his 
Hand  and  Seal,  to  have  One  Hundred  Acres  of  the  faid  Land  laid  off  for  a  Town 
and  Fifty  Acres  for  Town  Common ;  which  will  greatly  promote  the  Trade  and 
Navigation  of  the  faid  River : 

II.  BE  it  therefore  Enacted,    hy  the  Cover 7tor,  Council,  and  JJfembly,  and  by  the    TwnsfWinton 
Authority  of  the  fame.  That  the  Directors  or    Truftces  hereafter  appointed,  or  the    "^^t)i.ft.d. 
Majority  of  t!;em,  Ihall,  as  foon  as  may  be,  after  the  paffing  of  this  Ad,  caulc  the 

faid  One  Hundred  Acres  to  be  laid  oif  in  Lots  of  Half  Acres  each,  w.th  conveni- 
ent Streets,  Lanes,  and  A)  eys  ;  which  Lots  fo  laid  off,  according  to  the  Diredti- 
ons  of  this  A6t,  is  hereby  conltituted,  erecled,  and  eftabiifned  a  lown;  and  (hall 
be  called  by  the  Name  ol"  JVintoH. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  and  after  TiuUse,  for 
the  paffing  of  this  Act,  Henry  Hill,  IVdliam  Murfee,  'John  Baker,  Maihias  Brickill,  'vl!tn\l'f)Mti. 
Jofeph   Liikenjon,  Henry  King,  and   Benjamin  PFynns^  be,  and  thcy^  and  every  of 

them,  are  hereby   conftitutcd  Directors  and  Truitce-^  for  the  defigning,  buiii.,ing, 

and  carrying  on  the  faid  Town  ;  and  they  ihall  Hand  ftized  of  an  indtfeafible  Eftate, 

in  Fee-Simple,  of  the  faid  One  Hun..red  and  Filty  Acres  of  Land,  to  and  lor  the 

Ufes,  Intents,  and  Purpofes,  hereby  expreffed  and  dtcLred  ;  and  they,  or  any  Four 

of  them,  fnall  have  full  Power  and  Authority,  to  meet,  as  ol'ten  as  they  ihall  think 

neceffary,  and  caufe  a  Plan  thereof  to   be  made,  and  therein  to  iniert  a  Mark  or 

Nuraber  to  each  Lot ;  and  as  foon  as   the  laid  Town  fhail  be  laid  off  as  aforelaid, 

they,  and  each  of  them,  ffiall  have  Power  to  take  Sublcriptions  for  the  faid  Lots, 

of  fuch  Perfons  as  are  willing  to  fubfcribe  for  them :  And  when  the  faid  Directors    ^o   tafce   FuIj- 

have  taken  Sgbfcriptions  for  Eighty  Lots,  or  upwards,  they  Ihali  appoint  a  Day,    f'ripti..nforiMf, 

anl  give  public  Notice  to  the  Subicnbers,  of  the  Day  and  ir lace  appointed  for  the    TLif^L ''"by 

drawing  of  the  faid  Lots ;   which  ihall  be  done  by  Ballot,  in  a  fair  and  open  Man-    i^^""'- 

ner,  by  the  Diredicn,  and  in  the  Prefence  ot  the  Majority  of  the  faid  Diredors,  at 

leaft  ;  and  fuch  Subscriber  Ihall  be  intitled  to  the  Lot  and  Lots  which  ffiall  happen 

to  be  drawn  for  him,  and  correlpond  with  the  Mark  or  Number  contained  in  the 

Plan  of  the  faid  Town :  And  the  faid   Directors,  or  the  Majority  of  them,  Ihall 

make  and  execute  Deeds  for  granting  and  conveying  the  faid  One  Hundied  Acres 

of  Land,  in  PI alf  Acres  as  aforelaid,  to  the  Subfcribers,  their  Heirs  and  Affigns, 

for  ever  •,  and  al'b,  to  every  other  Ptrfon  who  ffiall  purchafe  any  other  Lot  cr  Lots 

in  the  laid  Town,  at  the  Coll;  and  Charges  of  the  faid  Grantee  to  whom  the  faid  Lot 

or  Lots  ffiall  be  conveyed;  and  every  Perion  claiming  any  Lot  or  Lots  by  Virtue 

of  any  fuch  Conveyance,  Ihall  and  may  hold  and  enjoy  the  faa.ein  Fee-Simple. 

IV.  PRO  V  ID  E  D  neverthikfs.  That  every  Grantee  of  any  Lot  or  Lots  in  Provifo,  tot  fav. 
the  laid  Town  fo  conveyed,  fhall,  within  Three  Years,  next  after  theD.te  of  the  '[iJa^  '"  '^"^ 
Conveyance  for  the  fame,  ered,  build,  and  finifh,  on  each  l.,ot  fo  ccnveyed,  one 

well  framed,  or  Brick  Houfe,  Sixteen  Feet  fquare  at  the  leaft,  and  Ten  Feet  Pitch 
in  the  Clear,  or  proportionable  to  fuch  Dimenficns,  if  fuch  Grantee  fhall  have  two 
or  more  Lots  contiguous :  And  if  the  Cwner  of  any  Lot  cr  Lots  Ihall  fail  to  com- 
ply with  the  Directions  in  this  Ad  prefcribed,  for  building  and  finilTiing  a  Houfe 
thereon,  then  fuch  Lot  or  Lots  upon  which  luch  Houfc  ih:;li  not  be  built  and  f^nilh- 
ed  as  aforelaid,  fhall  be  revefted  in  the  faid  Djredors ;  and  the  faid  Diredors,  or  a 
Majority  of  them,  may,  and  they  are  hereby  impowcred  and  authorized,  to  leil  fuch 
Iy;)t  or  L  )ts  f<jr  the  bcft  Price  that  can  be  had,  to  any  Perfon  applying  for  the  fame, 
and  orant  and  convey  fuch  Lot  or  Lots  to  fuch  Perfon  or  Perfons,  under  the  like 

Rules, 


446 


L  jd  JV  S    of    North-Carolina. 


4.  D.    1768. 


Subfcriljers  to  pay 
the  Patchafe  Mo- 
ney to  the  Ui- 
tt€s.oi». 


Succcflinn  of  Di- 
r«£lori  kept  up. 


Rules,  Regulations,  and  Reftridtions,  as  the  fame  was,  or  were  formerly  granted  ; 
and  the  Money  anfing  from  fuch  Sale,  be  applied  by  the  faid  Direftors,  or  a  Majo- 
rity of  them,  for  the  Benefit  and  Improvement  of  the  laid  Town. 

V.  AND  be  ii  further  EnaEled^  by  the  Authority  afore  faid.  That  each  refpec- 
tive  Subfcnber  who  fhall  fubfcribe  for  any  Lot  or  Lots  in  the  faid  Town,  lliall, 
within  One  Month  after  it  Ihall  be  afcertained  to  whom  each  of  the  faid  Lots  doth 
belong,  in  Manner  herein  before-mentioned,  p:iy  and  fatisfy  to  the  faid  Dircftors, 
or  one  of  them,  the  Sum  of  Fifty  Shillings,  I'njclamation  Monty,  for  each  Lot  by 
him  fubfcribed  for  :  And  in  Cafe  of  the  Keufal  ur  NeTlcft  of  any  Subfcribi-r  to  pay 
the  (aid  Sum,  the  faid  Diredtors  (hall  and  may  commence  and  profecute  a  Suit,  in 
their  own  Name,  for  the  fame,  and  therein  fliail  recover  Judgment,  with  Ccfts  of 
Suit:  And  the  faid  Direilors  iliall,  as  foon  as  they  receive  the  laid  Money,  pay  and 
fatisfy  to  the  faid  Benjamin  Wynns,  hii  Heirs  or  AiTigns,  the  Sum  of  Forty-five 
Shiliinc-s,  Proclamation  Money,  for  each  Lot,  in  full  Satisfaftion  for  the  (aid  Landj 
and  the  other  Five  Shillings  fhail  be  applied  towards  defraying  the  Expence  of  lay- 
ing off  and  improving  the  faid  Town,  as  a  Majority  of  the  Directors  fliall  think 
proper. 

VI,  AND  for  continuing  the  SuccefTion  of  the  .Directors,  until  the  faid  Town 
fhall  be  incorporated  ;  Bt  it  further  Enatied,  by  the  Authority  aforefaid.  In  Cafe  of  the 
Death,  Refulal  to  act,  or  Removal  out  of  the  County,  of  any  of  the  faid  Directors, 
the  furvivino-  Directors,  or  the  Majority  of  them,  fhall  afTcmble,  and  are  hereby 
impowered,  from  Time  to  Time,  by  Inflrument  of  Writing,  under  their  refpective 
Hands  and  Seals,  to  nominate  ibme  other  Ferfon,  being  a  Freeholder  of  the  faid 
Town,  in  the  Place  of  him  fo  dying,  refufing  to  act,  or  removing  out  of  the 
County  •,  which  new  Director  lb  nominated  and  appointed,  fhall,  from  thenceforth, 
have  the  like  Power  and  Authority,  in  all  Things  in  the  Matters  herein  contained, 
as  if  he  had  been  exprefsly  named  and  appointed  in  and  by  this  Act. 


L"t8  fet  apart  for 
the  Proprietor- 


And  Ferries  vpft- 
»d  in  the  Propri- 
etor. 


Ticambl*. 


VII.  P  ROVI D  ED  neverthelefs^  That  the  faid  Benjamin  /^^w«i  fhall  have, 
to  his  own  Uie,  the  Dwelling- Houfe,  and  other  Out  Houfes  thereon,  with  fuch 
Lots  as  he  fhall  choole  adjoining  them,  not  exceeding  Eight  Lots,  exclufive  of  the 
faid  One  Hundred  Acres:  And  the  Court  of  the  faid  County,  or  their  Succeffors, 
fhall  not  have  Power  to  appoint  a  public  or  other  Ferry  at  the  faid  Town,  in  Pre- 
judice to  the  faid  Benjamin  JVynris ;  but  that  the  keeping  of  the  faid  Ferry  from  his 
own  Land,  on  the  North  Side  of  the  faid  River,  to  the  faid  Town  •,  and  from  the 
faid  Town  to  the  North  Side  of  the  faid  River,  fhall  be  and  remain  unto  the  faid 
Benjamin  JVynns,  his  Heirs  and  AfTigns,  until  he  or  they  fhall  refufe  to  comply  with 
the  Terms  by  Law  prefcribed  for  ereding  and  keeping  public  Ferries. 


CHAP.     XIII. 

An  A51  to  amend  an  A5l^  intituled^  An  additional  Act  to  an  Act,  intituled.  An  A5f- 
to  prevent  killing  Leer  at  unfeafonable  Times  -,  and  for  puttiug  a  Stop  to  many  Abufes 
committed  by  White  Perfons^  under  Pretence  of  hunting. 

I_  -r  -f  T  H  E  R  E  A  S  by  the  before  recited  Act,  Perfons  who  have  no  fettled 
W  Habitation,  or  not  tending  Five  Thoufand  Cornhilis,  are  prohibited  from 
hunting,  under  the  Penalty  of  Five  Pounds,  and  Forfeiture  of  his  Gun  ;  which,  by 
Experience,  has  been  found  not  to  anfwer  the  Purpofes  intended  by  the  faid  Act ; 
many  diforderly  and  diffolute  Perfons,  having  no  Habitation  of  their  own,  flill 
continue  to  hunt  on  the  King's  Wafte,  and  the  Lands  of  other  Perfons,  and  kill 
Deer,  and  leave  the  Carcafes  in  the  Woods ;  by  which  Means  the  Wolves,  Bears, 
and  other  Vermin,  are  fed  and  raifed  ;  to  the  great  Damage  of  many  of  the  Inhabi- 
tants of  this  Province  •,  and  the  Fines  being  dilRcuk  of  Recovery,  by  Means  of 
Perfons,  having  no  Property  of  their  own,  affembling  in  great  Numbers,  and  camp- 
ing; in  the  Woods,  and  kill  Deer,  burn  and  deflroy  the  Range,  burn  Fences,  and 
°  commit 


LAWS    of    North-Carolina.  447 


A.  D.   1768. 


What  Perfons  al- 
lowed to  huntj 


commit  many  other  Injuries  to  the  Inhabitants  of  this  Province ;  and  aflbciate,  for 
the  mutual  Protection  and  Defence  of  each  other,  againft  any  Perfon  or  Perlons 
who  fhall  attempt  to  execute  any  Precept  on  any  of  them  :  For  Remedy  whereof; 

II.  B  E  it  Enacted,  hy  the  Governor,  Council,  and  Affemhly,  and  by  the  /Authority 
of  the  fame.  That  from  and  after  the  Firft  Day  of  January  next,  no  Perfon  what- 
foever  (Mafters  of  Slaves  excepted)  not  having  a  Freehold  of  One  Hundred  Acres 
of  Land  within  this  Province,  or  tending  Ten  Thoufand  Cornhills,  at  leaft.  Five 
Feet  Diftance  each,  fhall  hunt  or  kill  Deer ;  under  the  Penalty  of  Ten  Pounds, 
Proclamation  Money,  for  every  Offence;  and  moreover  fhall  forfeit  his  Gun,  or 
the  Value  thereof;  ro  be  recovered  by  Action  oi  Debt,  Bill,  Plaint,  or  Informati- 
on, in  any  Court  of  Record  within  this  Province,  by  any  Perfon  who  will  prolecute 
for  the  fame ;  wherein,  upon  Conviction,  over  and  above  the  faid  Penalty  and  For- 
feiture as  aforefaid,  the  Defendant  fhall  be  committed  to  Gaol,  by  Order  of  the 
Court ;  there  to  remain,  without  Bail  or  Mainprize,  for  one  Month. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  upon  Action    sped^i  BjH  to  be 
of  Debt,  Information  or  Indictment,  being  profecuted  for  the  above  Penalty,  the    g'vea  n  Aa.ons 
Sh  riff  who  fhall  execute  the  Writ,  fhall  take  two  lufEcient  Securities  for  the  Defen-    °"  ^'"'^  ^^' 
dant's  Appearance,  at  the  Court  to  which  the  fame,    by  the  Tenor  thereof,   is  made 
returnable;  which  Bail  fo  taken,  fhall  be  fubject  and  liable  as  in  other  Cafe?;  and 

on  Failure  thereof,  or  an  Exception  being  taken  to  the  faid  Bail,  the  fame  fnall  be 
deemed  infufficient,  then,  and  m  that  Cafe,  the  Sheriff  fhall  ftand  and  be  taken  as 
fpecial  Bail. 

IV.  PROVIDED  neverthelefs.  That  the  Sheriff  may  furrender  the  Defend-   P/;vifo  for sh=. 
ant  m  Dilcharge  of  hmifelt,  at  any  Tnne  before  final  Judgment  had  againft  the   the  principal. 
Defendant. 

V.  PROVIDED  alfo.  That  nothing  herein   contained,  fhall  extend  to  bar   Pr^vifo,  for  o- 
or  hinder  an  Overfeer  of  a  Slave  or  Slaves  from  hunting  and  killing  Deer  with  a 

Gun  on  his  Employers  Lands,  or  the  wafte  Lands  of  the  King,  or  Lord  Granville, 
within  Five  Miles  of  the  Refidence  of  fuch  Overfeer. 

VI.  AND  whereas  by  Reafon  of  the  Infurrections  of  many  illegal  Proceedings   D^f-ndant  f^iiin; 
of  lundry  of  the  Inhabitants  of  this  Province,  the  County  Gaols  are  become  almoll    be  commit'tU  to 
ufelefs ;   many  Perfons  who  are  committed  thereto  being  releafed  by  Force,  the  laid    ^"^^  supenor  Crc. 
Gaols  being  remote  from  the  Refidence  of  the  Sheriff,  who  might  prevent  fuch 
Breakings  as  aforefaid,  by  raifing  fufhcient  Force  for  that  Purpofe :  Therefore  Be  it 

Enabled,  by  the  Authority  aforefaid.  That  upon  Suit  being  commenced  on  Adion  of 
Debt,  Information,  i3c.  in  a  Superior  Court,  if  the  Defendant  fhall  fail  to  give 
fuch  Security  as  aforefaid,  that  then  the  Sheriff  fhall  commit  the  Defendant  to  the 
Gaol  of  the  Superior  Court  for  the  Diftrid  to  which  the  fame  is  made  returnable. 

VII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sheriff  fliall   s;,„iffs  f,.„, 
have,  for  the  Services  he  fliall  perform  in  a  Suit  brought  as  aforefaid,  the  fame 

Fees  and  Allowances  as  in  other  Cafes  on  Adion  brought,  Information,  or  Indidl- 
ment  profecuted,  and  fubjeft  and  liable  for  taking  greater  Fees,  in  the  fame  Man- 
ner as  in  other  Cafes. 

VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  white  Pen.  for  hunting 
Perfon  whatfoever  Ihall,  on  any  Pretence,  prefume  to  hunt  with  Dogs,  or  other-  Land?"  >v!t'ucut 
wife,  or  drive  or  kill  any  Deer  or  Game  on  any  Perfons  Lands,  v/ithout  Leave  of  Leave, 

the  Owner  of  fuch  Land  ;  under  the  Penalty  of  Five  Pounds,  Proclamation  Money, 
for  each  Offence;  to  be  recovered  by  Aftion  of  Debt,  in  the  Inferior  Couitof  the 
County  wherein  die  Offence  fhall  be  committed,  by  the  Owner  of  the  faid  Land. 

CHAP. 


448 


LAWS    of    North-Carolina. 


A.  D.    1768. 


CHAP.     XIV. 

y?»  //f/  for  preventing  the  frequent  Abufes  in  taking  up  and  fecreting  of  Stray  Horfes,  in 
the  Counties  of  Orange,  Granville,  Bute,  Rowan,  Anion,  Mecklenburg,  John- 
fton,  Dobbs,  Halifax,  Edgcomb,  Northampton,  Hertford,  Tyrrel,  Craven,  and 
Pitt,  (a) 


Preamble. 


Method  to  be  ta- 
ken with  ftray 
H>rfee,  when  ta- 
ken up. 


I.  TTTHEREAS  it  Is  common  for  Horfes  to  ftray  away  from  their  refpeftive 
yy     Owners  ;  by  Reafon  whereof  the  Owners  are  often  lubjeft  to  much  Lois, 
Difficulty,  and  Expence,  before  they  can  regain  the  Poffeffion  ot  luch  Horfes  : 


StTjyi    after    10 
Djyr,     may      be 

uled 


Method  to  be  ta- 
ken with  Srays 
after  Apptaife- 
mcnt. 


II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  JJfembly,  and  by  the 
Authority  of  the  fame.  That  every  Freeholder  withm  the  Counties  bclore-mentioned, 
who,  irom  and  after  the  paffing  of  this  Adf,  (hail  take  up  any  ftray  Horfe,  iVIare, 
Gelding,  or  Colt,  fhall,  within  Ten  Days  after  the  taking  up  of  luch  Stray,  the 
Owner  of  fuch  Stray  being  unknown  to  him,  lead  the  fame  before  the  Ranger  of 
the  County,  appointed  by  his  Excellency  the  Governor  or  Commander  in  Chief  for 
the  Time  being,  where  taken  up,  and  make  Oath  belore  fuch  Ranger  to  the  Time 
of  taking  up  the  fame,  and  that  it  was  taken  up  on  his  Land  ;  and  alfo,  to  the 
Marks  and  Brands  it  then  had,  and  that  the  fame  have  not  been  altered  or  defaced 
lince  the  taking  up  thereof  i  whereupon  fuch  Ranger  is  required  to  ifTue  his  Sum- 
mons to  any  Two  honeft  Freeholders  of  the  Neighbourhood,  who,  after  taking  an 
Oath  before  the  Ranger  to  that  Purpofe,  who  is  hereby  authorized  to  adminifter  any 
Oath  by  this  Aft  directed,  Ihall  view  and  appraife  luch  Stray  ;  which  Appraift  ment, 
with  a  particular  and  exadl  Defcription  ot  the  Marks,  Brands,  Stature,  and  Age  of 
fuch  Horfe,  Mare,  Gelding,  or  Coir,  together  with  the  Time  of  taking  up  oi  i'uch 
Stray,  and  Place  of  Abode  of  the  Perfon  taking  up  the  fame,  fhall,  by  fucn  Ranger, 
be  entered  in  a  Book  to  be  by  him  kept  for  that  Purpofe  ;  and  thereupon  the  faid 
Ranger  fhall  have  paid  to  him  by  the  Perfon  taking  up  the  Stray,  Five  Shillings, 
Proclamation  Money  :  And  the  Perfon  taking  up  luch  ftray  Horfe,  Mare,  Geiding, 
or  Colt,  for  his  Trouble  and  Expence  in  taking  the  fame  to  the  Ranger,  and  pay- 
ing as  aforefaid,  for  the  Services  to  be  done  by  the  Ranger,  may  demand,  take,  and 
receive,  of  the  Perfon  claiming  the  Property  of  the  faid  Horfe,  Mare,  Gelding,  or 
Colt,  Ten  Shillings,  Proclamation  Money. 

III.  AND  be  it  further  Enacted,  by  the  /Authority  aforefaid.  That  it  fliall  and 
may  be  lawful  for  the  Perfon  taking  up  any  Stray,  to  keep  PolTefTion  of  the 
fame;  and  at  the  Expiration  of  Ten  Days,  after  Appraifement  as  aforefaid,  a':d  no 
Property  proved  by  the  Owner  thereof,  moderately  to  ufe  the  fame  -,  provided  the 
faid  Horfe,  Mare,  or  Gelding,  fhall  not  be  fent  or  rode  at  any  Time  out  of  the 
County  where  taken  up. 

IV.  AND  be  it  further  Ejtacted,  by  the  Authority  aforefaid.  That  the  Property 
of  every  ftray  Horle,  Mare,  Gelding,  or  Colt,  alter  luch  Appraifement,  fhall  be 
deemed  to  be  vefted  in  the  Perfon  taking  up  the  fame  -,  neverthelefs,  it  fhall  and 
may  be  lawful  for  the  former  Owner  thereof,  at  any  Time  within  Twelve  Months 
after  fuch  Appraifement  as  aforefaid,  on  proving  his  Property  to  fuch  Stray,  by  his 
own  Oath,  or  otherwife,  either  to  demand  and  recover  fuch  Stray,  or  the  Valuati- 
on Money,  at  the  Eleftion  of  the  Owner,  deduding  therefrom  the  Reward  hereby 
allowed  for  taking  up  the  fame,  and  the  Money  by  him  paid  the  Ranger  for  his 
Services :  And  in  Cafe  the  former  Owner  (hall  not,  within  Twelve  Months  from  the 
Time  of  taking  up  of  the  fame,  make  Claim  to  fuch  Horie,  Mare,  Gelding,  or 
Colt,  and  prove,  on  Oath,  or  otherwife,  the  Property  therein,  the  fame  fhall  be- 
long to,  and  is  hereby  declared  to  be  the  abfolute  Property  of  the  Perfon  taking  up 
of  fuch  Stray  -,  but  it  fhall,  in  like  Manner,  be  lawful  for  the  former  Owner  there- 
of, at  any  Time  afterwards,  upon  proving  his  Property  by  the  Oath  of  One  or 
more   indifferent  WitnefTes,  to  demand   and  recover  of  the  Perfon  taking  up  the 

fame. 


^aj  See  Act  Nov.  1771,  Chap.  6,  for  amending  and  further  continuing  this  Act. 


LAWS     of    North-Carolina. 


^9 


rrovifc)  where 
th'y  i!ie  (tfore 
being  claiiTiCd. 


fame,  the   appraifed    Value   of  fuch   Horfe,  Mare,  Gelding,  or  Colt,  dedufting    ^'  ■^• 
therefrom  the  Ranger's  Fee,  and  the  Reward  for  taking  up  of  the  faid  Stray. 

V.  P  ROV 1 D  ED  always.  That  if  after  the  Appraifement  of  any  Stray,  and 
Entry  made  thereof,  with  the  Ranger  aforefaid,  fucii  Stray  ihoukl  happen  to  die 
before  the  Owner  thereof  fhall  make  Claim,  and  prove  his  or  her  Right,  the  Per- 
fon  taking  up  fuch  Stray  lliall  not  be  anfwerable  for  the  fame,  unlefs  fuch  Death 
appears  to  have  been  occafioned  by  ill  Ufage  or  Abufe. 

VI.  AND  he  il  further  EnaSfed,  hy  the  Authority  aforefaid.  That  if  any  Perfon  ^'"" ,° j^^' '/^"J' 
not  being  a  Freeholder,  lliall  prefume  to  take  up  any  Stray;  or  if  any  Freeholder 
(hall  take  up  any  fuch  Stray,  at  any  other  Place  than  on  his  own  Land,  he  or  flie 
fo  offending,  fhall,  for  every  fuch  Offence,  forfeit  and  pay  Five  Pounds,  to  the 
O'A'ner  thereof;  to  be  recovered  with  Colls,  before  any  Jurifdiction,  havmg  Cogniz- 
ance tliereof,  and  be  further  liable  to  the  Action  of  the  Party  grieved. 


hflti.  rs,       liking 
uu  Sciays. 


VII. 


Provif.v 


P  ROV  ID  E  D  nevertbekfs.  That  nothing  herein  contained  fhall  extend 

to  prevent  any  Freeholder,  or  otiier  Perfon,  from  taking  up  any  ftray  Horfe,  iVlare,    '5''"^  ^l"'"  i 

Gelding,  or  Colt,  and  carrying  the  fame  immediately  io  the  Owner  thereof,     (a)        OwnctV/  " 


r-r  car- 
m- 
bcir 


Proref(1in!!S  with 
Strays    taken    up 
wilhin     three 
Yiars. 


IX.  AND  to  the  End  that  Horfes  heretofore  fbrayed  away  may  be  recovered 
by  their  refpective  Owners  •,  Be  it  further  Ena5ied,  by  theAiithority  aforefaid.  That 
all  and  every  Perfon  who  iiath  at  any  Time  within  Three  Years  before  the  paflino-  , 
of  this  Ad,  taken  up  any  ftray  Horfe,  Mare,  Gelding,  or  Colt,  and  hath  not  as 
yet  difcovered  tlie  Owner  thereof,  and  returned  the  fame;  fuch  Perfon  fhall,  within 
Three  Months  after  the  pafTmg  of  this  A61,  take  fuch  Stray  before  the  Ranger  of 
the  County  where  taken  up;  and  thereupon  the  fame  Proceedings  fhall  be  had,  and 
the  like  Rules  obferved,  under  the  fame  Rewards,  and  liable  to  the  fame  Forfeitures, 
as  in  and  by  this  A61  is  directed  to  be  had  and  obierved  concerning  of  Strays  here- 
after to  be  taken  up. 

X.  AND  he  it  further  Ena-led,  Jiy  the  Authority  aforefaid.  That  for  the  more 
fpeedy  Recovery  of  Strays,  it  lliall  and  may  be  lawful  for  any  Perlon,  at  all  Times 
hereafter,  to  look  over  and  fearch  the  Entry  Book,  by  this  Adl  direded  to  be  kept 
by  the  Ranger  of  each  County  in  this  Aft  named,  for  Iniormation  of  any  Horfe 
Mare,  Gelding,  or  Colt,  which  heretofore  has,  or  hereafter  may  ftray  away  from 
the  Owner  thereof;  the  Perfon  requefting  fuch  Search  firft  paying  Eight  Pence, 
Proclamation  Money,  therefor,  to  the  Ranger  keeping  fuch  Book. 

XI.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every  Ranger  Rangers  to  adver- 
appointed  in  Virtue  of  this  Act,  within  the  Counties  aforefaid,  fhall,  immediately  L'i!c."' ''''^"'"'" 
after  his  appointment  to  faid  Office,  advertif^  the  fame  at  the  Door  of  the  Court 

Houfe,  and  at  each  Church  and  Chapel  within  the  County  whereof  he  is  appointed 
Ranger. 

XII.  AND  be  it  further  Ena5?ed,  hy  the  Authority  aforefaid.  That  all  and  Repealing cUufc.-. 
every  Adl  and  Acts  iicretofore  macie  concerning  taking  up  of  ftray  Elorfes,  within 


Petfons  may 
ftarrh  I.  -  Kin- 
gei's  •  ■  •  k  for 
Int  rmation 
Strays, 


of 


the  Purview  of  this  Act,  is,  and  ftands  hereby  repealed. 


XIII.     AND  be  it  further  Enacted  by   the  Authority  aforefaid.  That  this   Act    Si^Aa 
fhall  continue  in  Force,  for  and  during  Three  Years,  from    and  after  the  pafTmg 
thereof,  and  till  tiie  End  of  the  next  Seflion  of  Affembly,  and  no  longer. 


Cont;rii?.nce      cf 


CHAP.     XV. 


An  AB  to  encourage  the  Importation  of  Britifh  Copper  Halfpence,  and  for  making  them   u\i\^ 
a  Tender  for  the  Payment  of  f, nail  Debts. 


Repealed     l>y  h;» 
in  CoL.n- 

cii.' 


L  1  1 


CHAP, 


(a)  Section  8,  rel-itive  to  the  Penalty,  for  ufing  Strays,  altered,  by  Act  Nov.  1771,  Chap.  6. 


450 


LAWS    of    North-Carolina. 


A  D.    1768. 


Preamble. 


Commiffipners 
appointed  for 

building     Prifon, 
ftc. 


Monies  apprcipri- 
aud. 


Cnmminioners  to 
account  for  the 
Monies  they  re- 
ceive. 


CHAP.    XVI. 

yln  A£l  to  appoint  Commijfiomrs  to  build  a  Prifon,   Pillory,    and  Stocks,   on  the  Lot 
whereon  the  Court-Houfe  now  Jiands,  in  Duplin  County. 

I.  TT  THfiRE  AS  the  Prifon  in  the  County  o{ Duplin  being  lately  burnt  down,  and  it  being  ne- 
V V     ceflary  a  new  Prifon  fhould  be  erei5led  in  faid  County ; 

II.  B  E  it  EnaBed,  by  the  Go'vernor,  Council,  and  AJJ'embly,  and  by  the  Authority  of  the  fame.  That 
theHon.  ^o^«5fl/«/_/c«,  Efquire,  Felix  Kennan,  Efquire,  andMv.  Da'vidThompfon,  be,  and  are  hereby 
appointed  Commiffioners  ;  and  they,  or  the  Majority  of  them,  fhall  and  may,  and  they  are  hereby 
required,  within  Six  Months  after  the  pafling  of  this  Adl,  to  agree  and  contraft  with  Workmen  for 
the  building  and  erefling  a  new  Prifon,  Pillory,  and  Stocks,  in  and  for  the  Ufe  of  the  County  afore- 
faid,  on  the  Lot  whereon  the  Court-Houfe  now  Hands :  And  if  any  of  the  Commiffioners  appointed 
by  this  Aft  Ihould  die,  remove  out  of  the  County,  or  refufe  to  act,  the  remaining  Commiffioners  Ihall 
appoint  another  Commiffioner  or  Commiffioners,  in  the  Room  or  Stead  of  fuch  Commiffiuner  or 
Commiffioners  fo  dying,  removing,  or  refufing  to  act ;  and  the  Commiffioners  fo  appointed  Ihall  have 
the  fame  Powers  as  the  Commiffioners  appointed  by  this  Act; 

III.  AND  whereas  there  is  a  confiderable  Sum  of  Money  belonging  to  the  faid  County  in  the 
Hands  of  the  Sheriff,  unappropriated  ;  Be  it  further  Enailed,  by  the  Authority  afore/aid.  That  the  faid 
Commiffioners  fhall  and  may  demand  and  receive,  of  and  from  the  Sheriff  of  the  County  oi  Duplin,  fo 
much  Money,  not  exceeding  One  Hundred  and  Twenty  Pounds,  as  they  Ihall  think  necefl'ary,  for 
compleating  the  Buildings  aforefaid ;  and  fhall  by  the  faid  Commiffioners  be  applied  to  the  Difcharge 
of  their  Contracts  for  the  building  and  finilhing  the  fame. 

IV.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  faid  Commiffioners,  after 
the  Buildings  afoiiefaid  Ihall  be  erected  and  finilhed,  Ihall  render  an  Account  of  the  Monies  by  tiiem 
received  of  the  Sheriff  by  Virtue  of  this  Act,  together  with  that  of  their  Dilburfements,  to  the  Inferior 
Court  oi  Duplin  County,  for  the  Infpection  and  Approbation  of  the  Juftices  thereof. 


CHAP.    XVIL 

An  A51  to  continue  an  A5f,  intituled.  An  Act  to  amend  an  Act,  intiuled,  An  Act  for 
the  Regulation  of  the  Town  o/"  Wilmington.     EXP. 

Rep.  by  his  Ma-    CHAP.   1 8.     An  Act  for  declaring  certain  Lots  in  the  7 own  of  Newbern,  taken  up 
jefty  in  Council.  j^y  fjyg  '^ruftccs  for  promoting  the  Public  School  in  the  faid  Town, 

faved  and  improved  according  to  Law ;  and  to  impower  the  faid 
Trujlees  to  collect  the  Subfcriptions  due  to  the  faid  School. 

19.     An  Act  for  defraying  Crows  and  Squirrels  in  the  feveral  Counties  therein 
mentioned,     EXP. 


CHAP.     XX. 

An  Act  for  altering  the  Times  of  holding  the  Inferior  Courts  of  the  Counties  therein  men- 
tioned. 

PreamHe,  I.  "TT  7  HERE  AS  the  Days  heretofore  appointed  by  Law  for  holding  the  Inferior  Courts  in  the 

VV     Counties  of /JoTifl»,  /njcn,  Gratifillc,  Halifax,  anA  Hertford,  have  been  found  inconveni- 
ent for  thofe  whofe  Bufinefs  it  is  to  attend  fuch  Courts : 

Courts     when         H-      B  E  it  therefore  Enaded,  by  the  Governor,   Council,  and  Affembly,  and  by  the  Authority  of  the  famBf 
held.  That  from  and  after  the  paffing  of  this  Act,   the  Inferior  Courts  of  Pleas  and  Quarter  Seffions  for  the 

feveral  Counties  aforefaid  fliall  be  held  on  the  Days  following,  inftead  of  the  Days  heretofore  appointed 
for  holding  fuch  Courts,  to  nvit,  Anfon,  on  the  Second  Tuefday  in  January,  April,  July,  and  OBcber; 
Granniille,  on  the  Third  Tuefdtiy  in  January,  April,  July,  and  Oiiober  ;  Roivan,  on  the  Second  Tuef- 
day in  February,  May,  Au^ufl,  and  No-vtmber  ;  Hertford,  on  the  Third  Tuefday  in  February,  May, 
Aiiguft,  and  November  ;  Hal  fax,  on  the  Third  Tuefday  in  February,  May,  Augujl,  and  November,  in 
each  Year,  for  and  during  the  Space  of  Four  Years,  and  from  thenre  to  the  End  of  the  next  Seffion  of 
Affembly,  and  no  longer;  any  Thing  contained  in  any  Act  of  Affembly,  paffed  this  prefent,  or  any 
former  Seffion,  to  the  contrary^  notwithftanding. 

Proeefs  contrrned  III.  A  N  D  be  if  further  Enabled,  by  the  Authority  aforefaid.  That  all  Actions.  Suits,  Writs,  Procefs, 
to  the  Court  Days  Petitions,  Indictments,  Informations,  and  Prefentments  whatfoever,  heretofore  commenced  in,  iffued 
in  this  Aamen-    ^  ^^  returnable  to,  the  refpective  Courts  aforefaid,  the  Time  for  holding  of  which  is  altered  by 

tic;.,ed.  ^  jljjg 


LAWS    of    North-Carolina. 


45  f 


i7ov>. 


this  Act,  fhall  be,  and  are  hereby  continued  to  the  particular  Days  and  Times   hereby  appointed  :      A.  D. 
And  all  SubpcEnas  for  WitneiTes,  and  Recognizances  for  the  Appearance  of"  Fei  fons  at  tlie  faid  Courts, 
ihall    be  as  effectual  as  if  the  particular  Days  for  holding  any  of  the  faid  Courts  had  been  mentioned 
therein  ;    and  the  Perfons  fummoned  as  WitnefTes,    and  entering  into  fuch  Recognizances,  ihjll  be 
bound  to  appear  accordingly. 

IV.     AND  whereas  fome  Doubts  have  arifen  whether  certain  Inferior  Courts  within  this  Province^     Curts  not  men- 
not  named  in  an  Act,  intituled.   An  jjii  to  amend  and  continue  an  ^il,  intitttkd.  An  4St  to  ejlablilh  In-     ti.ned  in  the  In- 
ferior  Courts  of  Pleas  and  i^arter  SeJ/ions  in  the  feveral  Counties  in  this  Pro-jince,    are  continued    by  tiie     ^"  '"■  Court  Ad>j 
faid  Act  ;   Be  it  thcrrfo.  e  Enailtd,   by  the  Authority  aforrjaid,   and  it  is  hereby  declared.   That  the  faid  Jn-     dechrcd  valid. 
Inferior  Courts  of  Pleas  and  Quarter  SefTions  witnin    this  Province,  not  named  in  the  aforefaid  Act, 
and  all  Pxocefs,  Pleas,  and  Proceedings  tlierein,  of  what  Nature  or  Kind  foever,    are,  and  Ihall  be 
continued  to  the  rcfpective  Days  and  Times  for  holding  the  fame,  fpecified  in  an  Act,  intituled,  Ait 
A3  to   ejlablijh  Inferior  Courts  of  Pitas  and  Stuartcr  Scjjioits   in  the  federal  Counties  in  this  Pro-vince,   fcr 
and  during  the  Continuance  of  ihe  faid  Act  herein  lalt  mentioned  :   And  that  all  Proceedings  heretofore 
had  in  fuch  Iiiiericr  Courts,  held  on  the  refpective  Days  and  Times  fo  fpecified  as  aforef-iid,  arc  hereby 
declared  valid,  to  ail  Intents  and  Purpofes,  as  if  the  fame  Courts  had  been  exprelsly  mentioned  in  the 
faid  Act  heiein  firft  mentioned. 


V.      JKD  be  it  further  Enabled,   by  the  Authority  aforefaid.   That  fo  much  of  an  Act  of  Aflembly,      R'pfalingClaufc, 
intituled,     An  AEi   to  ejlablijh  Inferior  Courts  of  Pleas  atid  garter  Scficus  in  the  fcveral  Counties  in  this 
Profi'ice;    and   of  another  Act,    intituled.   An  Act   to  amend  and  continue  an  Act,    intituled.    An  Act  to 
cjlablijh  Inferior  Courts  of  Pleas  and  i^arter  Stj/ions  in  the  Je-vei  al  Counties  in  this  Province ;     as   comes 
wiihin  thePur\ie\v  of  this  Act,  is,   and  fliall  be  from  henceforth  repealed  and  made  void. 


CHAP.     XXI. 


Ptcamble. 


An  AB  for  making  Provifton  for  the  Payment  of  the  Forces  raifcd  to  fupprefs  the  late  In- 
furretlion  en  the  Wefi^Fn  Frontiers^  providing  for  the  Public  Claims  y  and  for  the  more 
eafy  collecting  the  annual  Taxes  oj  Government. 

HERE  AS  from  a  late  dangerous  Infurrection  in  the  Weilern  Frontier  Counties  in  this 
Province,  for  the  SupprefTion  vvhereof  his  Excellency  the  Governor  was  obliged  to  raife  De- 
tachments of  the  Militia,  a  lar^e  Debt  is  become  due  for  the  Payment  and  Subfillence  of  thcfe  Troops  ; 
.and  the  great  Scarcity  of  Money  rendering  it  impoflible  to  raife  a  fuflicient  Sum  to  pay  ofl'  that  Debt, 
or  to  difcharge  the  large  Sums  due  from  the  Public,  for  running  the  dividing  Line  between  this  Pro- 
vince and  the  Indian  Hunting  Grounds,  and  other  Claims  on  theTreafury;  it  is  but  jull  and  equitable 
that  thofe  Troops,  as  weli  as  the  other  Creditors  of  the  Public,  Ihould  have  their  Demands  fecured  by 
Certificates  on  the  Public  Treafury. 

II.  B  E  it  therefore  Enaiiei  by  the  Co'verncr,   Council,  and  Affemhly,  and  by  the  Authority  of  the  fame,  Notes     on     tfie 
That  the  Perfons  herein  after  named  may,  and  they  are  hereby  authorized   and  inipowered,   to  make  Treafury    to    be 
and   fign   Certificates  or  Notes,  on   the  Public  Treafury,  of  fuch  Denominations  as   they  fhall  think  '*f""'' 
convenient,  not  exceeding  the  Amount  of  Twenty  Thoufand  Pounds,  Proclamation  Standard. 

III.  AND  for  difcharging  the  fame.  Be  it  EnaBed,  by  the  Authority  aforefaid.  That  a  Poll  Tax  of     t^x  laid  to  ear 
Two  Sli^Uings,  P.otlamation,   fliall  be  levied  on  each  taxable  Perfon  in  this  Province,  to  commence     them  cfl". 

fi  r  the  Year  One  Thoufand  Seven  Hundred  and  Seventy  One,  and  continue  until  the  Sum  for  the 
above  mentioned  Certificates  be  fully  raifld ;  which  Tax  fhall  be  paid  into  the  Public  Treafury,  an- 
nually, by  the  Sheriffs ;  under  the  fame  Penalties,  Rules,  and  Reftriftions,  and  with  the  fame  Allow- 
ances, as  for  other  Public  Taxes,  either  in  the  C'  mmodities  as  herein  after  rated.  Proclamation  Bills, 
cr  Gold  and  Silver;  and  the  Produce  of  the  faid  Tax  fliall  be  applied  in  Payment  of  the  faid  Certifi- 
cates ;  which  Certificates  fhall  be  in  the  Form  following,  1,7's;. 


Form 

Notes. 


of      ifie 


"  '  I   "^H  E  Province  of  North  Carolina  is  indebted  to  the  PofTelTor  hereof  Proclamaticti 

X.  "  Mon'y,  to  be  j)Hid  out  of  the  Public  Treafury,  on  Demand,  at  any  Time  after  the  Tenth 
'•  Day  of  June,  One  Thoufand  Seven  Hundred  and  Seventy  Two,  according  to  Ad  of  Aflembly, 
"  pa/Ted  December,    1768." 

IV.     AND  be  it  further  Enacted,  That  the  Honourable  Ja/Bw  f/a/-//,  ?LnA  Leivis  De  Rojett,  Efqrs.         Comm^flloncra 

Richard  Cafv;ell,   and  Thomas  Clifford  Hoixe,   Efqr: .   fhall  make  and  fign  the  Certificates,  in  the  Form  app'intcd  to  ifiue 

aforefaid,    to  the  Value  afore- mentioned  ;    for  vshicn   they  fhall   be  allowed  One  /^/- CV///.  and  after  '*'^™.     '°     ''^^ 

making  and  figning  the  faid  Ceitificates,  they  fliall  forthwith  deliver  the  fame  to  the  Public  Treafu-  '^'"'"'•='^1   ^^'"^ 

rers ;   who  are  hereby  ordered  and  impoi\ercd  to  give  and  deliver  to  fuch  Ferfon  or  Perfons  refpeilively,  ^^^    "the^'VubUc 

to  whom  the  Public  fhall  Hand  indebted  at  the  'Fime  of  paffing  this  Ad,   fo  much  in  Value  in  the  faid  Cieditors. 
Certificates  as  flrill  amount  to  their  rcfpective  Demands,  to  Serve  as  a  Teilimony  and  .--ecurity  of  the 
Debt  fi)  due,   till  the  f.ime  ihall  be  paid  oif  and  difcharged,   by  the  Taxes  as  herein  ordered  to  be  levied 
and  collected  for  that  i'uipofe. 


V.     AND  the  better  to  enable  the  induflrious  Poor  of  this  Province  to  difchar£;c  their  annual  Taxes  Tjxes  to  b 

(except  the  (inking  Taxes  heretofcie  laid)   Be  it  Enacl^d,   by  the  Authority  aforejaid.   That  Jiifjiectors  '"  C  mmm 

Promillijry  Notes  or  Receipts  for  the  following  Commoduies,  being  good'and  merchaucuble,  and  in-  ^^'^.  '^'"''" 

i-  1  1  2  fpceled  ''^^''" 


paid 


ihcp.i. 


452  LAWS    of    North-Carolina. 

A.  D.  1768.  fpefted  and  pafled  as  fuch,  at  the  Infpeflions  by  Law  eftablifhed,  /hall  be  received  by  tlie  SherifFs,  or 
^^,,-1^—  ,_/  other  Colleftors  of  the  Public  Taxes,  in  Difcharge  of  fuch  Taxes,  at  the  Rates  following,  yiz..  To- 
bacco, at  Fifteen  Shillings /^r  Hundred  Weight}  Hemp,  inthled  to  a  Bounty,  at  Forty  Shillings /)^r 
Hundredweight;  Rice,  at  Twelve  ShIiJings  *^r  Hundred  ./'eight;  Indigo,  at  Four  Shillings  per 
Poutid;  Bees  Wax,  at  One  Shilling /ifr  Pound;  Myrtle  Wax,  at  Eight  Pence  /if/- Pound  ;  Tallow, 
at  Six  Pence /fr  Pound  ;  Lidum  dreffed  Deer  Skins,  not  weighing  lefs  than  One  Pound  each,  at  Two 
Shillings  and  Six  Pence /cr  Pound.  And  all  Sheriffs,  and  other  Colledors  of  Taxes,  are  hereby  re- 
quired to  receive  fuch  Infpedors  Notes,  from  any  Perfon  offering  the  fame  in  Payment  of  Taxes  (ex- 
cept on  the  finking  Taxes  herein  before  excepted)  at  the  Rates  above  fpecified,  fo  that  they  be  ten- 
dered between  the  Firll  Day  oi  January  and  the  Tenth  Day  oi  March,  in  each  Year,  and  not  after; 
and  fo  that  the  Commodity  for  which  the  Infpedors  PromiiTory  Note,  fo  tendered,  was  given,  fhall 
have  been  duly  inTpedcd  and  pa/TeJ  within  three  Months  of  the  Time  of  tendering  the  lame  to  the 
Sheriff  or  Co]le<flor :  And  every  fuch  Officer  who  (liall  receive  any  fuch  Infpedors  Notes  for  Taxes, 
fhall,  at  the  Firll  Court  for  his  County  after  the  Tenth  Day  of  March,  in  each  Year,  on  the  Second 
Day  of  the  Court,  between  the  Hours  of  Twelve  and  Three  o'Clock  in  the  Afternoon,  due  Proclama- 
tion thereof  being  firft  made,  cxpofe  to  Sale,  at  Public  Vendue,  at  the  Court-Houfc  Door,  all  fuch 
Commodities  as  he  fhall  have  received  in  Virtue  of  this  Aft,  for  the  mofl  that  can  be  got  {or  the  fiime  : 
And  at  the  Time  by  Law  appointed  for  fettling  with  the  Public  Treafurer  of  his  Diftrift,  fuch  Sheriff 
fhall  pay  over  to  the  laid  Treafurer,  the  Monies  arifing  from  fuch  Sale  ;  and  alio  deliver  to  him  an 
authenticated  Account  of  the  Number  of  Poll  for  whofe  Taxes  he  received  the  fiiid  Commodities,  with 
the  Account  of  the  Sales  of  the  fame. 

Comm^lTMncrs  to  VL      JND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  faid  Honourable  James  Ha- 

givc  Bond.  Jill^  and  Leijcis  De  Roffitt,  Efqjs.   Richard  Cafi^ell,  and  Thomas  Clifford  Hozve,   Efqrs.    fliall,    before 

they  make  and  fign  any  of  the  Certificates  aforefaid,  enter  into  Bond,  with  fuHicient  Securities,  to  our 
Sovereign  Lord  the  King,  in  the  Sum  of  Twenty  Thoufand  Pounds  Sterling,  with  Condition  for  their 
honeft,  true,  and  faithful  Difcharge  of  the  Trull  aforefaid;  and  that  they  will  not  make  and  fign  any 
other,  or  to  a  greater  Amount  of  the  faid  Certificates,  than  is  herein  before  direfted  ;  and  fhall  alfo 
make  Oath,  on  the  Holy  EvangeliRs,  before  fome  Magillrate,  to  the  fame  Purpofe  ;  which  Bond  fliall 
be  lodged  in  the  Secretary's  Office,  and  fhall  not  be  void  on  a  firft  Recovery,  but  may  be  put  in  Suit 
Penalty  for  cf-un-  on  every  different  Breach  of  the  Condition  thereof:  And  if  any  Perfon  fhall  make  and  fign  any  Cer- 
tcrfeiting  Notes,  tificates  in  the  Likenefs  and  Similitude  of  thofe  by  this  Aifl  appointed,  or  in  any  Manner  alter,  coun- 
terfeit, or  forge  any  fuch,  or  fliall  pafs,  or  attempt  to  pafs,  any  fuch  altered,  forged,  or  counterfeit 
Certificates,  ftnowing  it  to  be  fuch,  (hall,  on  Conviftion  thereof,  be  deemed  a  Felon,  without  Benefit 
of  Clergy,  and  fliall  be  adjudged  and  fuffer  accordingly. 


SIGNED     by 


William  Tryon,  Eq-,    Governor, 
James  Hafell^  Prefident. 
John  Harvey,  Speaker. 


Read  Three  Thnes,  and  ratified  in  open  AJfemhyly,  1 
the  5th  Day  of  Dec.   1768.  J 


ANNO 


L  A  ff^  S    of    North-Carolina. 


45J 


^   •$♦•$•   ^^   -^s-^   •^•$*   •$"$•   4*'$'   •*•   'f^'^   •$•4*   •^'^   •^••$*   ^^•*'   4-4*   % 

^    A^s^    «s>«5i.    .i^-iiis.    *^    .!J5.-8i.    ^^    -a.    ^^     ^^    ^^    .i:..gs»    ,45.^    ,*,^     ^ 
^  ♦••••''■■    ^  '    '       '  jw 

ANNO      REGNI 

G    E    O    R    G    I    I      III. 

REGIS, 

M  A  G  N  ^    B  R  I  T  A  N  N  I  /E,    FRANCIS,,    &    H  I  B  E  R  N  I  iE, 

N     O     N     O. 


At  an  ASSEMBLY,  begun  and  held  at  Newbern^  the  Twenty-third 
Day  of  OSfoher^  in  the  Ninth  Year  of  the  Reign  of  our  Sovereign  Lord 
G  EO  RG  Ethc  Third,  by  the  Grace  of  God,  oi  Great-Britain,  France  y 
and  Ireland,  K.ing>  Defender  of  the  Faith,  &c.  and  in  the  Year  of  our 
Lord  One  Thouland  Seven  Hundred  and  Sixty- nine  :  Being  the  Fir  ft 
SefTion  of  this  prefent  AfTembly. 


WILLIAM 
T  R  Y  O  N, 
Efq;  Gover- 
nor. 


C  H  A  P.     I. 

An  A£i  for  appointing  an  Agent  to  folicit  the  Affairs  of  this  Trovince  at  the feveral  Boards 

?■«  England.     EXP. 


CHAP.     2. 


An  A51  for  confirming  the  Ratification  of  Henry  Lockey,  Sheriff   Had  its  T-kia, 
of  Beaufort  County. 


CHAP.     III. 

An  A£i  to  encourage  the  deflroying  of  Vermin  in  the  feveral  Counties  therein  mentioned,  (a) 

L  T  T  7  H  E  R  E  A  S  the  Counties  oi Mecklcnhurgh,  Rowan,  Tryon,  Carteret,  Bute, 
Y  Y    zT\d  Granville,  are  much  infefttd  wich  Wolves,  and  other  Vermin,  to  the 
greac  Prejudice  of  the  Inhabitants : 

n.  B  E  it  Enacted,  by  the  Governor,  Council,  and  AffemUy,  and  by  the  Authority  of 
the  fame.  That  every  Perfon  who  Ihall  kill  any  of  the  Vermin  herein  after- mention- 
ed, within  Ten  Miles  of  any  fettled  Plantation  in  any  of  the  laid  Counties,  fliall  be 
entitled  to  a  Claim  on  the  County  where  fuch  Vermin  ihall  be  killed,  to  the  leveral 
Rewards  as  follows ;  For  every  Wolf,  Seven  Shillings  and  Six-pence.  And  fur 
every  Panther,  Seven  Shillings  and  Six-pence  ;  to  be  be  paid  as  herein  after  directed. 

III.  AND  he  it  further  EnaUed,  by  the  Authority  afcrefaid.  That  any  Perfon  who 
fhall  have  a  Claim  for  killing  any  ot  the  aforefaid  Vermin,  are  hereby  directed  to 
produce  the  Scalp  of  the  aforefaid  Vermin,  with  both  Ears,  before  a  Magiftrate, 
who  is  to  adminifter  an  Oath  to  fuch  Perfon  claiming  the  iame,  that  it  was  taken 
and  killed  within  the  Bounds  of  fuch  County  v/here  the  Claim  ihall  be  made  :  And 
if  any  Slave  or  Indian  that  fhall  kill  any  Vermin,  of  which  the  Head  or  Scalp  lliall 
be  produced  as  aforefaid,  the  Marter  or  Owner  of  fuch  Slave  or  Indian,  or  he  that 
makes  Claim  for  fuch  Scalp  or  Scalps,  in  Behalf  of  any  Slave  or  Indian,  fliall  make 
Oath  before  fuch  Magiftrate,  that  he  verily  believes  the  iame  was  taken  and  killed 

v/ithin 

(a)  This  Adl  further  continued  by  Ad  Nov.  1771,  Chap.  13. 


Preamble. 


Prfmium  for  kil- 
ling  Vermin. 


How  Tccovcrftl. 


454 


L  A  JV  S    of    North-Carolina. 


A.  D.    1769. 


And  paid. 


within  the  County  wherein  the  fan:ie  was  claimed  •,  which  Oath  being  adminiftered, 
the  Magiftrate  is  hereby  direfted  to  give  a  Certificate  for  the  iame,  and  immediate- 
ly caufe  fuch  Scalp  to  be  deftroyed, 

IV.  AND  be  it  further  Enactedy  by  the  Authority  aforefaid.  That  any  Perfon 
having  a  Certificate  Irom  any  fuch  IVIagiftrate,  fhall,  upon  producing  the  fame  to 
the  Court  of  the  County  where  fuch  Certificate  was  obtained,  be  entitled  to  the  Sum 
or  Sums  due  upon  fuch  Certificate  -,  which  fcveral  Sums  fo  paid,  fhall  be  allowed 
by  the  Court,  out  of  the  County  Tax. 

Jn'^ih^uZ '"'''  ^-  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral  Juf- 
tices  of  the  Inferior  Courts  of  Pleas  and  Quarter  Scflions  within  the  faid  Counties^ 
are  hereby  required,  authorized,  and  impowered,  to  lay  a  Tax  on  the  ieveral  taxa- 
ble Perfons  within  their  refpective  Counties  for  difcharging  the  faid  Claims. 


Continuance 
the  Aa. 


of  VI.  AND  be  it  further  Ena^fed^  by  the  Authority  aforefaid.  That  this  Aft  fhall 
be  and  continue  in  Force,  for  and  during  the  Term  of  Two  Years,  and  from  thence 
to  the  End  of  the  next  Seffion  of  Aflembly,  and  no  longer. 


Preanrjblc, 


Ferries  and    T^ill 
BriJges  to  be  free. 


CHAP.     IV. 

jin  A£l  to  impozver  the  Jujiices  in  the  feveral  Counties  therein  mentioned^  to  ejlablijhing  free 
Ferries  and  Bridges  in  their  refpective  Counties  ,  ajtd  lay  a  'Tax  for  defraying  the 
Charges  thereof. 

I.  IT  THERE  AS  by  Reafon  of  the  feveral  Rivers  running  through  tlie  Counties  of  Hertfordt 

Y  y     Pafquotank,  Rowan,  MeckUnbwg,   Pitt,  and  lyrrel,   the  Ferries  and  Bridges  over  which  it 

is  neccflary  for  many  of  the  Inhabitants  to  pafs,  to  attend  tiie  Courts  and  other  public  Meetings  at 

the  Court  Houfes  in  the  faid  refpeftive  Counties,  are  expenfive  and  burthenfome  to  fuch  Inhabitants : 

II.  BE  it  therefore  Ena£ied  hj  the  Governor,  Council,  and  AJfembly,  and  In  the  Authority  of  the  fame. 
That  the  JulHces  oi  the  laid  refpedtive  Counties,  or  any  Seven  or  more  of  them,  be,  and  are  hereby 
impowered  to  agree  with  the  Owner  or  Ownersj  Keeper  or  Keepers  of  any  Ferry  or  Ferries,  Toll 
Bridge  or  Bridges,  within  their  refpeftive  Counties,  as  they  (hall  think  necefl'ary,  for  fuch  Sum  or 
Sums  of  iVloney  as  fli»ll  appear  to  them  reafoiiable,  to  fet  over  fuch  Ferry  or  Ferries,  or  let  pafs  over 
fuch  Toll  Bridge  or  Bridges,  any  of  the  Inhabitants  of  the  faid  refpeftive  Counties  requiring  the  fame, 
iree  from  any  Charges  whatfoever,  on  any  of  the  Days  of  the  Sitting  of  the  Courts,  Eledion  of  Mem- 
bers of  Aflembly,  or  Velbymen,  Meeting  of  the  Veftry,  or  General  Mufters  of  the  faid  Counties. 

III.  A  N D  be  it  further  Enadcd,  by  the  Authority  aforefaid,  That  the  Juftices  of  the  faid  Counties 
are  hereby  authorized  and  required,  yearly,  and  every  Year,  at  the  fame  Time  that  they  lay  the  Coun- 
ty Levy,  to  lay  a  Tax,  not  exceeding  bix-pence,  Proclamation  Money,  on  each  and  every  taxable 
Perfon  in  their  refpeftive  Counties  ;  to  be  colledled  and  accounted  for  by  the  Sheriffs  with  the  Juftices 
of  the  refpedive  Counties,  in  the  fame  Mannei  as  other  County  Taxes,  and  by  them  applied  to  the 
Difcharge  of  the  feveral  Contradts  to  be  made  in  Virtue  of  this  Ail ;  and  the  Overplus  (if  any)  to  the 
contingent  Charges  of  the  County.  * 

IV.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  each  and  every  Ferryman, 
Owner  or  Owners  of  any  fuch  '^1  oil  Bridge  or  Bridges,  with  whom  the  juftices  fhall  agree  as  aforefaid, 
Ihall  be,  and  they  are  hereby  obliged  to  fct  over.  Ferriage  free,  or  fuffer  to  pafs  over  fuch  Toll  Bridge 
or  Bridges,  without  Toll,  any  of  the  luhabiiants  of  the  refpedive  Counties,  on  the  Days  and  Times 
aforefaid;  under  the  Penalty  of  Twenty  Shillings,  Proclamation  Money,  for  every  Offence ;  to  be 
recovered  by  the  Party  grieved,  before  any  juftice  of  the  Peace,  and  applied  to  his  own  Ufe. 

Bond  to  be  given.  V.      AND  be  it  further  EnaSed,    by  the  Aifthority  aforefaid.  That  it  fhail  and  may  be  lawful  for  the 

Juftices  of  the  faid  refpedive  Counties,  to  take  Bond  and  Security  of  all  fuch  Ferry  keepers  or  Owners 
of  any  Toll  Bridge  or  Bridges,  with  whom  they  ibaU  agree  as  aforefaid,  in  the  Sum  ofl  wenty  Pounds, 
for  the  due  and  faithful  Performance  of  the  Duty  enjoined  them  by  this  Ad. 


Tax  laid  for  ply- 
ing the  Owners. 


Pen.  for  Neglcft 
to  fet  over  Vir- 
ions, 


Public  Ferry  ap- 
j)oinlcd. 


Continrance 
tlie  A«, 


VI.  AND  be  it  further  Enacted,  by  the  Auihority  aforefaid.  That  the  Ferry  crofting  the  7'adkiM 
River,  where  the  Trading  Path  croftes  below  the  iftand,  where  tlie  Ferry  is  new  kept  in  Rozvan  Coun- 
ty, be,  and  is  hereby  declared  to  be  a  public  Ferry  ;  and  that  no  other  Ferry  fhall  be  kept  on  the  faid 
River  within  Four  Tviiles  above  or  below  the  fame. 

VII.  AND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  this  Ad  fliall  be  and  continue 
in  Force  for  and  during  the  Term  of  Ten  Years,  after  the  paffmg  thereof,  and  from  thence  to  the 
End  ot  the  next  Sefiion  of  Affembly,  and  no  longer. 

ANNO 


LAWS    of    North-Carolina. 


455 


yf.  D.     1770. 


ANNO     REGNI 

G   E  O  R  G  I  I    III. 

REGIS 

MAGNiE  BRITANNIiE,  FRANCIS,  &   HIBERNl^, 

U     N     D     E     C     I     M     O. 


At  an   ASSEMBLY,    began  and  held  at  Newberny    the  Fifth  Day   William 
of  December^    in   the  Eleventh  Year  of  the   Reign   of  our  Sovereign   T  r  y  o  n. 
Lord  GEORGEihQ  Third,  by  the  Grace  of  God,  o(  Great-Britain,   l^^    ^°'"" 
France^  and  Ireland,   King,   Defender  of  the  Faith,  &c.  and  in  the  Year 
of  our  Lord  One  Thoufand  Seven  Hundred  and  Seventy  j    being  the 
Firft  Seffion  of  thisprelent  Aflembly. 


CHAP.    T. 

An  /i£l  for  preventing  Tumults  and  riotous  /l£emblies^  for  the  more  fpeedy  and  effeEfual 
puniflnng  the  Rioters^  and  for  rejloring  and  prefcrving  the  Public  Peace  of  this  Pro- 
vince.     EXP. 

C  H  A  P.  2,     An  ASl  to  encourage  the  further  Settlement  of  this  Province. 


Reppaled  by  Pro- 
claniation. 


3.     An  Act  for  foundings  ejlablifloing^  and  endowing  of  Queen's  College,  in   Repealed  by  Pro- 
the  Town  of  Charlotte,  in  Mecklenburg  County.  damation. 


CHAP.     IV. 

An  ASf  for  an  Addition  to,  and  Amendment  of  an  Acf,  intituled.  An  Ad  for 

infi  a  Militia. 


ippomt- 


I.    ■fT  7"  HE  R  E  A  S  there  are  in  divers  Parts  of  this  Province  feveral  of  the  People  called  Q<iakers,     Preamble, 

VV  who  demean  tliemfelves  in  a  quiet  and  peaceable  Manner,  and  from  a  religious  Principle, 
are  confcientioufly  fcrupulous  of  bcarinfr  Arms,  or  appearing  or  anfwering  to  their  Names  in  Mufter 
Fields,  and  therefore  fuhjeil  to  many  Fines  and  Diftrefies  to  be  made  upon  their  Goods,  to  their  greac 
Hurt  and  Prejudice  :  I'or  the  Relief  of  fuch, 

II.     BE  it  EnaSled  by  the  Governor,  Council,  and  AJfemlly,  and  by    the   tluthority  of  the  fame,  T\\^\     Q;^''"^"   not   o. 
from  and  after  the  pafling  of  this  Adl,  the  People  called  Quakers  fhall   not  be  obliged  to  appear   and     l>l.gcd  to  muft.r, 
mufter  at  any  general  or  private  Muder  within  this  Province,   nor  be  liable  to  any  Fines  or  Penalties 
for  not  appearing  and  jnullerint; ;  any  Law,  Ufage,  or  Cullom,  to  the  contrary,  notwithftanding. 

HI.  PRO. 


456  LAWS    of    North-Carolina. 

Jt.  D.    1770.  III.     PROVIDED  nenjerthelefs,  and  he  it  EnaSicd,   hj  the  Authority  aforefaid.  That   the  Colonel, 

V»»— v"*—^  or  chief  commanding  Officer  of  the  Militia  in  every  County,  Ihall  lilt  all  Male  Perfons  of  the  People 
But  to  be  irilifted  called  Quakers,  between  the  Age  of  Sixteen  and  Sixty,  within  his  County,  under  the  Command  of 
under  a  Captain  ;  ^^.j^  Captain  as  the  Govemor,  or  Commander  in  Chief  for  the  Time  being,  fhall  think  fit:  And  if, 
turns  obliged  to  "pon  any  Invafion  or  Infurreclion,  the  Militia  of  the  Counties  to  which  fuch  Quakers  belong  fliall  be 
feive,  or  find  drawn  out  into  aftual  Service,  and  any  Quakers  fo  inlifted  fhall  refufe  to  ferve,  or  provide  an  able  and 
Subftitiitcs,  on  fufficient  Subllitute  in  his  Room,  if  thereto  required  by  the  Colonel,  or  chief  Officer  of  the  Militia  of 
I'en.  ofiol.  his  County  ;    in  fuch  Cafe,    every  Quaker  fo  refufing  to  ferve,  or  provide  a  Subflitute  as  aforefaid, 

inall  forfeit  and  pay  Ten  Pounds ;  to  be  recovered  before  any  Juflice  of  the  Peace  of  the  County,  upon 
Complaint  of  the  Colonel  or  chief  Officer  ;  and  to  be  levied  by  Dillrefs  and  Sale  of  the  Eftate  of  the 
Quaker  fo  refufing  ;  which  Sum  fhnll  be  applied,  by  the  faid  Colonel  or  chief  Officer,  towards  pro- 
viding a  Subllitute  in  the  Room  of  fuch  Quaker,   upon  whom  the  fame  fhall  be  levied  as  aforefaid. 

Not  to  exceed  jy.  /*  iJ  O /^/D  iTZ)  fl/ii'^j/,  That  the  Number  of  C^akers  required  by  the  Colonel  or  chief  Officer 
the  I'.oportiun  ^f  g^y  County  to  ferve,  or  find  SublHtutcs  as  aforefaid,  (liall  not  exceed  the  Proportion  the  whole 
Oink^""b'"  w     Number  of  Quakers  bear  to  the  whole  Number  of  Militia  upon  the  Muller  Rolls  of  the  faid  County. 

the  whole  Mili- 
tia. V.  P  ROVIDED  alfo,  and  be  it  further  Enabled,  hy  the  Authority  aforefaid.  That  no  Man  under 
K.ir  exempt  (torn  ^y^g  Denomination  of  a  Quaker  fliall  be  exempted  from  Muilers  and  bearing  Arms,  or  from  paying 
mui  eimg  ^wn^j^  fuch  Fines  and  Forfeitures  as  by  Law  inflifted,  in  Cafe  of  Refufal  or  Ne^led,  without  producing,  if 
of  hii  bein"  a  required  by  the  Colonel  or  chief  Officer  of  the  Militia,  a  Tellimonial  or  Certificate  from  the  Monthly 
Quaker.  Meeting,  that  he  is  confidered  and  accepted  as  a  Member  of  that  Society. 

Fathers  or   Mo-         Yj_     WHEREAS  by  the  before  recited  Aft,  fundry  Fines  are  direfted  to  be  paid  by  Perfons  who 

''^T'  ^^'*r\r     nsgl^*^  o""  J'efufe  to  appear  at  Mufters,  or  on  Call  or  Alarm  given,   to  appear  at  fuch  Times  and  Places 

ior  thcFme^  <f    ^s  Ihull  be  appointed;  and  there  being  no  Piovifion  made  in  the  faid  ASt  how,  or  by  whom  the  Fines 

their  children  or     are  to  be  paid,  of  fuch  Perfons  who  are  under  Age,  or  are  Apprentices  or  Servants  :    Be  it  therefore 

Servants.  EfinBed,   by  the  Authority  aforefaid.  That  the  Father,  or  where  there  is  no  Father  living,     the  Mother 

of  each  and  every  Perfon  under  the  Age  of  Twenty  One  Years,  fhall   be  liable  to  the  Payment  of  the 

Fines  becoming  due  from  th?ir  refpeftive  Sons  fo  under  Age:   And  the  Maimer,  and  where  there  is  no 

Mailer,    the  Miilrcfs  of  all  fuch  Apprentices  and  Servants,   (hall   be  liable  to  the  Payment  of  all  fuch 

Fines  becoming  due  from  their  refpeftive  Apprentices  and  Servants ;    and  fhall  and  may  be  proceeded 

a?;aini1:  by  the  Officers  of  the  Militia  to  recover  the  fame,  in  the  fame  Manner  as  is  directed  by  the  faid 

Ad  againft  other  Perfons  for  the  Recovery  of  the  Fines  impofed  by  the  faid  Att. 


No  Perfon  liable  yjj_      jiJ^J)  be  it  further  Enaded,   by  the  Authority  aforefaid.    That  no  Perfon  whatfoever  flia'l    be 

to     mufter    ti  obliged  to  appear  at  any  general  or  private  Muller,   until  he  has  been  an  Inhabitant  of  this  Province 

tan"  e^Months.  Six  Months ;  any  Thing  in  the  before  recited  Ait  to  the  contrary  notwithilanding. 

Continuance     of         VIII.     A  N  D  be  it  further  EnaBed,  That  this  Aft  fhall  continue  and  be  in  Force  for  and  during  the 

the  Aft.  Space  of  Five  Years,  and  from  thence  to  the  End  of  the  next  Seffion  of  AfTembly,  and  no  longer. 


CHAP.     V. 

An  AEl  to  afcertain  Jttornies  Fees. 

Preamble  I-  '^Tf  7  HE  RE  A  S  it  is  neceflary  to  afcertain  what  Fee<:  Attornies  may   lawfully  take  and  receive 

VV    for  their  Trouble  in  condufting  Caufes  in  the  refpeftive  Courts  in  this  Province  : 

II.  B  E  it  therefore  Enaaed,  by  the  Go'vcrmr,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame. 
That  it  fhall  and  may  be  lawful  for  each  and  every  Attorney  at  Law  to  take  and  receive  from  their 
refpeftive  Clients,  the  following  Fees,  to  nvit. 

Attornies  Fees.  p^^  ^^^^.^  ^^jojj  ;„  the   Superior  Court,  except  where  the  Title  or  Bounds  of  Lands  ?     3   ,q     ^ 

come  in  Quellion,  the  Sum  of  J 

For  every  fuch  Aftion  in  any  Inferior  Court,  -  -  -  -  -150 

For  every  real  Aftion,  or  fuch  as  refpefts  the  Title  of  Lands,  -  _  -  -  500 

For  every  Petition  for  the  Recovery  of  Legacies,  filial  Portions,  or  diftributive  Shares   ?    ,    jq     o 
of  Intcftates  Eflates,  if  in  the  Superior  Court,  j     ^ 

If  ill  the  Inferior  Court,  -  -  -  -  --  -  1150 

For  every  Opinion  or  Advice  in  Matters  cognizable  in  the  Superior  Court,  where  no     ^ 
Suit  is   or  fiiall    be  brought,  and   profecuted  or  defended  by  the  Attorney  giving  fuch  ^    i     o     o 
Advice,  but  not  otherwife,  _  J 

I'or  every  Opinion  or  Advice  in  Matters  cognizable  in    the   Inferior  Court,   where  no     ^ 
Suit  is  or  'fhall    be    brought,  and  profecuted  or   deiended    by  the  Attorney  giving   fuch  ^0100 
Advice,   but  not  otherwife,  3 

Pen.  for    taking         p^^^  ^^^^^  Lawyer  cxafting,  taking,  receiving,  or  demanding,  any  greater  Fee,  or  other  Reward, 

other  Ftep.  ^^^  ^^^  ^^  ^^^^  ^^^^^  Services,  fhall  forfeit  and  pay  Fifty  Pounds"  for  every  Offence;  one  Half  to  our 

Sovereign  Lord  the  King,  towards  defraying  the  contingent  Charges  cf  Government,  and  the  other 

Half  to  the  Perfon  who  fiiall  fue  for  the  fame  ;  to  be  recovered  by  an  Aftion  of  Debt,  in  any  Court  of 

Record  in  this  Province,  having  Cognizance  thereof. 

Ai'i  D 


LAWS    of    North-Carolina. 


457 


III.  4NDbe  it  further  Enaaed,  ly  the  Authority  afore/aid.  That  the  Clerk  of  each  refpeaive 
Court  within  this  Province  is  hereby  direded  and  required  to  tax  in  every  Bill  of  Colb,  where  an 
Attorney  fhall  have  been  aftually  employed  by  the  Party  who  fhall  recover,  or  be  otlierwife  entitled  to 
receive,  fuch  Fee  as  is  by  this  Aft  allowed,  and  no  more. 

IV.  JND  he  it  further  EnaSed,  That  if  any  Attorney,  In  any  Superior  or  Inferior  Court,  (hall 
wittingly  or  willingly  be  guilty  of  any  Negleft  in  any  Caufe,  the  Court  before  whom  fuch  Caufe  (hall 
be  depending,  on  Complaint  and  Proof  thereof  made  within  Six  Months  after  fuch  Negleft,  (hall  have 
full  Power  and  Authority  to  order  fuch  Attorney  to  pay  all  Colts  occafioned  by  fuch  Negleft.  And 
every  Bill,  Bond,  Promife,  or  other  Engagement,  of  what  Denomination  foever,  for  the  Payment  of 
any  other  or  larger  Fees  than  before  enumerated,  (hall  be  utterly  void  and  of  no  Eifed  ;  any  Ufage  to 
the  contrary  notwithftanding. 

V.  PROVIDED  neverthelefs.  That  It  may  be  lawful  for  any  Perfon,  after  the  Determination 
of  his  Suit,  to  make  his  Lawyer  a  larger  Compenfation  for  his  Trouble,  if  he  thinks  he  has  merited 
the  fame;  any  Thing  herein  contained  to  the  contrary  notvvithilanding. 


A.  D.    1770. 

Whit  Fee  Ckrkt 
may  take. 

Attornies  guilty 
of  Neplta,  to 
pay  all  Colts. 

Binds  for  greater 
Fees  Void. 


After  Suits,  Cli- 
ents may  make 
their  Lawyer* 
greater  Compen- 
fations. 


CHAP.     VI. 

An  AEl  to  amend  an  Act^  intituled^  An  Aft  for  appointing  Sheriffs,  and  direfting 

their  Duty  in  Office. 

I.  XTTHEREAS  many  Hard(hip5  and  Inconveniences  have  arifen  from  SherKTs  leaving  this  Pro- 
Y  V     vince  before  they  had  accounted  for  the  Public,  County,  and  Parilh  Taxes,  whereby  their 
Securities  have  become  liable  for  the  f»me  ;  and  no  Provifion  having  been  made  in  the  faid  Aft  for 
the  Relief  of  fuch  Securities ; 

II.  BE  it  therefore  EnaSled  by  the  Governor,  Council,  and  AJfemhly,  and  by  the  Authority  of  the  fame. 
That  every  Shejitf  who  hath  already  removed  himfelf,  or  hereafter  may  remove  himfelf  out  of  this 
Province,  and  Ihall  not  have  accounted  for  the  Public,  County,  and  Parilh  Taxes,  whereby  the  Secu- 
ties  of  fuch  Sheriffs  have  or  may  become  liable  for  the  fame,  it  (hall  and  may  be  lawful  for  fuch  Secu- 
rities their  Heirs,  Executors,  or  Adminillrators,  to  receive  and  colleft  all  the  Arrears  of  Taxes  which 
ought  to  have  been  coUefled  by  fuch  Sheriffs,  and  if  any  Perfon  or  Perfons,  liable  to  pay  fuch  Taxes, 
fhall  or  may  fail  to  pay  the  fame  to  the  Sheriffs  Securities  as  aforefaid,  it  fhall  and  may  be  lawful  for 
fuch  Securities,  their  Heirs,  Executors,  or  Adminiftrators,  to  make  Diflrefs  for  all  fuch  Arrears  of 
Taxes,  in  the  fame  Manner  as  Sheriff's  are  by  Law  impovvered  to  didrain. 

III.  PROVIDED  al-ways.  That  no  fuch  Diftrefs  (hall  be  made  until  public  Notice  be  firft 
given  to  the  Inhabitants  of  the  County,  by  advertifing  the  fame  at  the  Court  Houfe,  and  feveral  Cha- 
pels, within  faid  County,  at  leaft  one  Month  next  before  fuch  Diftrefs  is  intended  to  be  made. 


Preimblej 


Sheriffs  retnoTini 
themfelves,  be- 
fore finifllingthei* 
Collcftions,  their 
Securities  may 
colleft  the  Ar- 
rears of  Taxes. 


To  m  ke  no  Dif- 
trefs, 1  ntil  Ten 
Djys  Notice. 


CHAP.     VII. 

An  Act  to  prevent  the  Exportation  of  unmerchantable  Commodities. 

I.  T) -^  it  EnaBed  by  the  Go'vernor,  Council,  and  AJJemhly,  and  by  the  Authority  of  the  fame.  That  from 
X)  ^nd  after  the  Time  Infpeflors  are  to  be  appointed  by  Virtue  of  this  Aft,  no  Flax  Seed,  Pork. 
Beef,  Rice,  Flour,  Butter,  Tar,  Pitch,  Turpentine,  Staves,  Heading,  Shingles,  Lumber,  tanned 
Leather,  or  Deer  Skins,  fhall  be  expofed  to  Sale  for  Exportation,  or  any  Indigo  paid  in  Difcharge  of 
Taxes,  until  the  fame  fhall  be  duly  infpefted,  under  the  Regulations  herein  after  expreffed ;  and  the 
Juftices  of  the  Inferior  Court  in  every  County  within  this  Province,  arc  hereby  authorized  and  required, 
at  the  Firft  or  Second  Court  to  be  held  in  each  County  after  the  palling  of  this  Aft,  and  on  the  Fini 
Court  in  each  County,  refpeftively,  which  fhall  be  held  next  after  the  Firll  Day  oi  January  in  each 
fucceeding  Year,  to  nominate  and  appoint,  in  open  Court,  one  or  more  fit  or  proper  Perfon  or  Perfons, 
refiding  in  the  faid  County,  to  attend  at  fuch  Times  and  Places  as  are  by  this  Aft  appointed  and  di- 
refted  (except  at  Wilmington,  in  Neiv- Hano-ver  County,  where  there  fhall  be  two  Infpeftors,  and  no 
more)  to  infpeft  all  fuch  Hemp,  Flax  Seed,  Pork,  Beef,  Rice,  Flour,  Butter,  Tar,  Pitch,  Turpen- 
tine, Staves,  Heading,  Shingles,  Lumber,  tanned  Leather,  and  Deer  Skins,  and  Indigo,  within  the 
refpeftive  Counties,  according  to  the  Diieftions  of  this  Aft  :  And  every  Infpector  fo  appointed,  fhall, 
before  he  enters  upon,  or  ex<cutes  his  Office,  enter  into  Bond,  with  two  or  more  good  and  fufficient 
Securities,  in  the  Penalty  of  Five  Hundred  Pounds,  Proclamation  Money,  for  the  true  and  faithful 
Difcharge  of  his  Office,  according  to  the  Directions  of  this  Act  (which  Bond  and  Securities  every  fuch 
Court,  refpectively,  is  hereby  impowered  and  required  to  demand  and  take,  and  caufe  to  hi  acknow- 
ledged before  them  in  open  Court,  and  recorded)  which  Bond  fhall  be  made  payable  to  the  Governor 
or  Commander  in  Chief  for  the  Time  being,  and  fliall  be  in  Force  for  the  Term  of  Three  Years  after 
fuch  Infpector  fhall  be  out  of  Office;  and  that  in^the  Name  of  the  Governor  or  Commander  in  Chief 
for  the  Time  being,  any  Perf)n  or  Perfons  injured,  may  and  fhall,  at  his,  her,  or  their  Colls  and 
Charges,  commence  and  profecute  a  Suit  or  Suits  on  fuch  Bond  againft  the  Parties  therein  bound,  their 
Executors  or  Adminiflrators,  and  (hall  and  may  recover  all  Damages  which  he,  (he,  or  they,  may  have 
fuftained  by  Reafon  of  the  Breach  of  the  Condition  thereof;  and  the  faid  Bond  fnal!  not  become  void 
upon  the  firft  Recovery,  or  if  Judgment  (hall  be  given  againft  any  PJaintiiFor  Plaintiffs  who  fhall  fue 

M  m  m  on 


Cifnmoditiea 
be  infpe£ted. 


InffeSors   to   be 
appointed. 


Who  »re  to  give 


Which,  onBrtack 
of  thr  Cundition, 
may  be  furd  for 
the  B-nefit  i^f  the 
farty  injured. 


458 


LAWS    of    North-Carolina. 


A.  D.    1770. 

Judgment  for  the 
InlVeftor,  Plain- 
tiff to  pay  double 
Cufts, 

lufpeftor's  Ojth, 


Inferior  Courts 
Power  over  In- 
fpeflors. 


Proceedings  in 
Cafe  of  their 
Death. 


Places  of  Infpec- 
ticn  ..ppomted. 


Infpeflprmay  fe 
called  to  any 
Landiiig,  ta)  in- 
fpefl  Commodi- 
tiei, 


on  fuch  Bond,  but  may  be  put  in  Suit,  and  profecuted  from  Time  to  Time,  for  the  Benefit  of  the 
Party  or  Parties  injured,  until  the  whole  Penalty  exprefled  in  fuch  Bond  ihall  be  recovered.  Prot'idtd 
always.  That  if  any  Verdift  or  Judgment  fhall  pafs  for  fuch  Infpedlor,  or  his  Security,  the  Perfon  or 
Perfons  at  whofe  Inftance  fuch  Suit  (hall  be  profecuted,  fhall  pay  double  Cofts  j  and  every  fuch  In- 
fpector  ftiall  alfo  take  the  following  Oath,  to  -wit, 

I  A.  B.  do  fvjtar  that  I  ivill faithfully,  impartially,  and  diligently,  execute  the  Office  of  hfprJIor,  and 
that  I  ivill  not,  for  Fa'vour,  AffeSion,  Prejudice,  or  Partiality,  brand  for  any  Perfon  •ivhatjoever,  any 
Flax  Seed,  or  any  Barrel  of  Pork,  Beef,  Rece,  Flour,  Tar,  Pitch,  or  Turpentine,  Cajk  or  Firkin  if  Butter, 
Barrel  or  Cafe  of  Indigo,  or  fafi  any  Staves,  Heading,  Shingles,  Lumber,  Tanned  Leather,  or  Deer  Skins 
tther  than  fuch  as  are  declared  lanxjjulby  an  Ail  of  Afimbly,  intituled.  An  Aft  to  prevent  the  Exportation 
of  unmerchantable  Commodities,  according  to  the  bejl  of  my  Skill  and  Judgment. 

SO  HELP  ME  GOD. 

II.  AND  be  it  further  EnaHed,  by  the  Authority  afore/aid.  That  the  Inferior  Courts  of  the  refpec- 
tive  Counties  (hall  be,  and  are  hereby  authorized  and  impowered,  at  any  Time,  to  difcharge  any  In- 
fpeftor  from  his  faid  Office  who  (hall  mifbeiiave  himfelf,  and  aft  contrary  to  his  Duty  therein ;  tha 
Party  complaining  giving  fuch  mifbehaving  Infpeftor  Ten  Days  previous  Notice,  in  Writing,  of  the 
Complaint  againil  him,  with  the  Particulars  thereof;  and  at  the  Death,  or  on  the  Difability  of  any  cf 
them,  toappoint  another  to  fucceed  fuch  dead,  difabled,  or  mifbehaving  Infpeftor  j  and  if  any  fuch 
Death  (hould  happen  in  the  Vacation  of  fuch  Courts,  it  (hall  then  be  lawful  for  any  Three  Juilices 
of  fuch  Court,  whereof  the  Chairman,  or  firft  in  Commi(rion  who  has  qualified  fhall  be  cne,*to  nomi- 
nate and  appoint  fome  other  fit  and  proper  Perfon  as  Infpeftor,  till  the  next  fucceeding  Court  for  fuch 
County  :  Or  ifany  Infpeftor  (hall  be  rendered  incapable  of  performing  his  Duty  by  Sicknefs,  or  other 
Accident,  it  (hall  then  be  lawful  for  the  Infpector  fo  difabled,  or  rendered  incapable  of  performing  his 
Duty  as  aforefaid,  by  and  with  the  Confent  of  Three  Juftices,  to  appoint  fome  other  Perfon  as  an 
AlTiftant,  during  the  faid  Infpectors  Sicknefs  or  other  Diiability  ;  which  Confent  fhall  be  certified 
under  their  Hands,  and  lodged  with  the  Clerk  of  the  Inferior  Court  of  the  County  wherein  the  Infpec- 
tor refides  ;  and  the  Perfon  fo  appointed  (hall  take  the  fame  Onth  as  Infpectors  nppointed  by  the 
Courts;  and  the  Infpector  (hall  be  liable  to  the  fame  Fines  and  Penalties  for  the  faid  Aliillants  bad 
Conduct  and  Mifbehaviour,  as  he  is  liable  to  for  his  own. 

III.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  the  Places  and  Landings  here- 
after mentioned,  fhall  be,  and  hereby  appointed  for  the  Infpection  of  Flax  Seed,  Pork,  Beef,  Rice, 
Flour,  Indigo,  Butter,  Tar,  Pitch,  and  Turpentine,  Staves,  Heading,  Lumber,  and  Shingles ;  to 
which  Places  all  of  the  faid  Commodities,  before  fold  or  exported,  (hall  be  brought,  examined,  and 
infpected,  according  to  the  Directions  herein  after  mentioned  ;  that  is  to  fay,  h\  Ne-iu-Hano-ver  County, 
at  the  Town  oi  Wilmington,  and  New-Topfail  Sound.  In  Brunfivick  County,  at  the  Town  of  Brunf- 
cwick.  In  Onfo-zv  County,  at  Bear  Inlet,  Ne-w-Ri'ver,  at  Weti's,  Todd's,  and  French's  Landings,  and 
Bogue  Inlet.  In  Carteret  Coanty,  cit  Beaufort  Town,  Fort  Point,  and  Portfmouth.  In  Cra'ven  County, 
at  Neivbcrn  Town,  Clubfoot's  Creek,  and  Loiver  Broad  Creek.  In  Beaufort  County,  at  Bath  Town, 
"James  Bonner  s,  Warrick's  Landing,  and  Maul's  Mill.  In  Pitt  County,  at  William  Spiers,  Siwpjon's, 
at  Tyfcn's  Landing,  at  the  Red  Banks,  and  Salter's.  In  Hyde  County,  at  Woodjlock  Town,  Wyjocca, 
the  Mouth  oi  Pant  ego  Creek,  and  Sylvejier's  Landing.  In  Tyrrel  County,  at  Hog  Town,  Mill  Land- 
ing-, Gardner's,  Dayley's,  Welche's  Creek,  Kindrick's  Creek,  Scuppernong  River,  Squawafque,  Litllt 
Alienator,  Richard  Lurry's,  Meacon's  Landing,  Hill's  Landing,  and  Davjfon's.  In  Choivan  County, 
at  Edenton,  Old  Toivn  Landing,  Rennet's  Creek,  at  the  Bridge,  and  John  Simon's  Landing,  and  at 
Thomas  Ward's,  fenior's.  Landing.  In  Bertie  CoMMy,  at  Salmon's  Creek,  Maul's  Haven,  on  Roanoke 
River,  at  Windfor,  and  at  Lockhart's,  and  WhitmiWs  Landings.  In  Hertford  County,  at  the  Ware- 
houfe  on  Chovcan  River,  Vanpdt's,  Wycacon's  Creek,  and  Catharine's  Creek,  Hill's  Ferry,  Murphey's 
Landing,  and  Manney's  Landing,  Rennet's  Creek  Bridge,  at  Mount  Sion,  and  Winion.  In  Northamp- 
ton County,  the  Pitch  Landing,  Pace's  Warehoufe,  Jones's  Warehoufe,  and  the  Place  where  Ragland' $ 
Warehoufe  formerly  flood.  In  Halifax  County,  at  Whitmel  Hill's  Plantation,  at  Kahukj,  Bams's 
Landing,  Mr.  Blake  Baker's  Landing,  and  the  Town  of  Halifax.  In  Edgcomb  County,  at  Tarborough 
Town.  In  Perquitnons  County,  at  Cyprefs  Bridge,  at  Hertford,  Saunders's  Landing,  up  the  Narrows, 
John  Barrow's,  Topim  Creek,  at  Sclh  Summer's  Landing,  at  Little  River  Bridge,  Sandcrfon's  Landing  .5/r«- 
jamin  Harvey's  Landing,  at  John  Barcliff's,  on  Deep  Creek,  at  Capt.  Jofeph  Sutton's,  on  Sutton's  Creek. 
In  Pafquotank  County,  at  Nixonton,  at  M'Kell'j,  at  Newbegun  Creek,  aiWmdfield,  at  the  Narrows  ef 
Pa/nuotank  River,  at  the  Mouth  of  the  River,  at  Seahurn's  Landing,  North  River,  Plank  Bridge,  on 
Sawyer's  Creek,  at  Aranufe,  and  at  River  Bridge.  In  Currituck  County,  the  South  Side  cf  TuUey's 
Creek  Bridge,  at  Jofeph  Sanders's,  at  Moyock,  at  Indian  Tonvn  Bridge,  at  Chiconccomick,  at  Thomas 
Pain's  Landinw,  the  Head  of  TuUey's  Creek  Bridge,  at  Etheridge's  Creek,  and  Currituck  Court  Houfe. 
In  Dobbs  County,  at  Fellow's  Ferry,  Shepherd's  Landing,  on  Cctentney,  and  Kiugjion.  In  Cumberland 
County,  atCampbleton. 

IV.  PR  OF  I D  E  D  neverthelefs.  That  any  Perfon  or  Perfons,  having  at  any  Landing,  which  Is 
not  by  this  Act  appointed  a  Place  of  public  Infpection,  a  Quantity  of  Merchandize  for  Exportation, 
and  being  defirous  to  (hip  the  fame  directly  on  beard  a  Vefiel,  for  Exportation,  fiom  fuch  Landing,  it 
(hall  and  may  be  lawful  for  fuch  Perfon  or  Perfons  intending  to  (liip  and  export  the  faid  Mevchaiidize 
as  aforefaid,  to  call  any  Infpector;  who  is  hereby  required  to  infpect  and  brand  the  fame,  under  the 
Rules  and  Directions  herein  mentioned  ;  any  Thing  in  this  Act  contained  to  the  contrary  notwith- 
ftanding. 


AND 


LAWS    of    North-Carolina.  459 

V.  AND  be  it  furiJjtr  Enaciid,  by  ths  Authority  afcrefaid.  That  where  any  fuch  Infpection  fhall  be  A,  D.     1770. 
appointed  by  this  Act,  to  be  held  in  any  Town,  that  fends  a  Reprefentative  to  the  AfFcmbly,  the  In-  v.,^—v-»v 
ferior  Court  of  the  County  wherein  fuch"  Town  is,  fliall   not   nominate  or  appoint  any  other  Infpector  Impc-a'.is    f-r 
or  Infpectors  for  anv  fuch  Infpection,  but  fach  Perfon  or  Perfons  who  Ihall,  during  his  Continuance  in  T"™'^'  ^"  •'='»''* 
faid  Office,  refide  iii  fuch  Town.  '"^"'"• 

VI.  JND  be  it  further  Ensiled,  by  the  Authority  afore/aid.  That  no  Matter  or  Commander  of  any 

Ship  or  \  elTel  ftall  take  on  Board  his  Ship  or  Veffel,  any  fuch    Cafk  or  Barrel,  or  other  infpec:able  of  VdiTl.'V'k.n" 

Commodity  as   aforefaid,  without  being  infpected  and   branded,  as   by  this    Act  required,   under  the  °„  3 ''^,^1    ^^'n- 

Penalty  of  One  Hundred  Pounds,  for  each  OiFenge  ;  one  Half  to  the  Informer,  and  the  other  Half  to  Ocaed  Coiamd. 

the  Ciiurchwatdens  of  the  Parith  wherein   the  Offence  Ihall  be  committed,  to  the  Ufe  of  fuch  Parilh  ;  ditics. 
to  be  recovered  with  Colls,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record, 
having  Cognizance  thereof. 

VII.  AND  be  it  further  EnaBcd,  That  no  Colledlor  (hall  enter  any  Ship  or  Veflcl  before  the  Mailer 

or  Commander  of  iucn  Ship  or  Vcflel  Ihall  have  taken  the  following  Oath,  to  -zvit,  tors'entcrirgV^f" 

fe)s      Ijct'ore     the 

YOU  Jhall  faiear  that  you  •Tijill  not,  this  prefent  Vovage,  export  in  the  Ship  or  V-ffel  luhereof  you  are      Mnfttr  t.kes 
Mafer  or  Cojjuiiander,  any  Flax  Seed,   Barrel  of  Porlt,   Beef,  Riee,   Flour,   Cafe  or  Firkin  of  Butter,      Thu  Oath. 
7flr,  Pitch,  crTurfentine,  that  Jhall  not  have  an  Irfpeilars  Brand  thereon,  or  any  tanned  Liathe'^,  ivithoiU 
an  InfpeHors  Stamp  thereon  according  to  La-iv,  except  juch  as  jl^all  be  nccefary  for  the  Fejfel's  Ufe. 

SO  HELP  YOU  COD. 


Which   he  it   to 
adiiunilfer. 


Which  Oath  the  Colleflor  of  the  Port,  or  his  Deputy,  is  hereby  impowcred  and  required  to  adminif- 
ter;  and  fhall  and  may  take  and  receive  of  fuch  Mailer  for  adminiitering  the  faid  Oath,  One  Siiiiling, 
proclamation  Money;   neither  fhall  any  Colledor  clear  out  any  Ship  or  VefTel  until  the  Mailer  fhall     Pen    on  him  for 
produce  a  Certificate  or  Certificates,  from  under  the  Hands  of  the  Ini'pedlor  or  Infpedlors,  of  liis  Car-     clearing   V.  (T^ls, 
goes  being  infpecled  agreeable  to  this  Aft  ;   under  the  Penalty  of  fifty  Pourids,  Proclamation  Money;      with  ut    Ii.fpcc. 
to  be  recovered  by  Aflion  of  Debt,  in  any  Court  of  Record  having  Cognizance  thereof,  by  the  Church-     '""  Ccrt.hcate. 
wardens  of  the  Pi.rifh  where  fuch  Offence  fnall  be  committed,  for  the  Ufe  of  fuch  Parilh  :   And  ia  Cafe      Veffls    may  ba 
any  of  the  faid  Commodities  have  been  put  on  Board  any  Ship  or  VefTel,  without  being  firll  infpeded     fcarchcd. 
as  this  Act  direds,    it  fhall  and  may  be  lawful  for  any   Two  JulHces,  on  Information   made  to  them, 
on  Oath,  to  ilTue  a  Warrant,  directed  to   the  Sheriff,  or  any  Conflable  ot   any  County  wherein  fuch 
VefTel  fhall   be,  to  caufe  Search  to  be  made  on  Boa,d  fuch  Siiip  or  VefTel  ;    and  on  fiiuiing   any  fuch 
Commcdities  not  infpecled  according  to  the  Intent  and  Meaning  hereof,  the  fame  ihall  be  forfeited, 
and  applied  as  Jierein  after  diredled. 

VIII.  AND  be  it  further  EnaaeJ,  That  every  Colleanr,  or  his  Deputy,  (hall  grant  a  Certificate  f^""'^!?,!"  ^,o* 
to  the  Mailer  or  Cominancler  cf  any  Ship  or  Veflcl,  of  his  having  taken  fuch  Oath,  under  the  Penaicy  Mit^.s  0/  Vtf. 
of  Ten  Pounds  for  each  Negleft  or  Retufal  ;    to  be  recovered  by  Bill,  Plaint,  or  lah.rmation.  in  any     fc!». 

Court  of  P.ecord  in  this  Province;  the  one  Half  to  him  or  them  who  fliall  fue  for  the  lame,  the  other 

K.df  to  the  Cliurth wardens,  for  the  Ufe  of  the  Parilh  where  fuch  Olfence  Ihall   be  committed;    for     Their    Fse    for 

which  Certificate  the  Colkftor  fhali  and  may  recei\e  I'vvu  Shillings  and  Eight  Pence.  the  iaa,e. 

IX.  AN  D  be  it  further  Enafied,  That  every  fuch  Infpedor  fhall  conftantly  attend  at  the  Places  for  lnfpeaon  to  at- 
which  he  Ihall  or  in.ny  be  appointed,  at  fuch  Times  as  required  for  the  Infpeilion  of  the  iaid  C<.inino-  t^"<'>  ''"'^  P'*'- 
dities  within  his  Dilirid  ;  and  flirdl  provide  an  Iron  to  b'and  any  of  the  Commodities,  bearing  the  ^'^e  a  Brdnd. 
Name  of  the  Infpector,  and  hi:.  Place  of  Refidcnce  :  And  if  any  infpeclor,  fo  appointed  and  fA'Orn,  pj„_  for  N  glcft 
fhall  negled  his  Duty,  or  brand  or  llamp  any  of  the  Ciinniodities  contrary  to  this  Ad,  or  brand  any  cf  Duty  or 
empty  Barrel,  or  lend  his  Brand  to  any  Pcifbn  or  I'trfuns  v^hatloevcr,  he  fhall  forfeit  and  pay,  lor  brand  ng  unmer- 
every  Calk  of  Flax  Seed,  and  fnr  every  Barrel,  Box  or  Cafe  of  Indigo,  Five  Pounds;  for  every  Barrel  «hantabl<:  Com- 
of  Pork,  Beef,  P>.ice,  Flour,  Cafk  or  Firkin  of  Butter,  Three  Pounds;  for  every  Barrel  of  Tar,  ^,uJy'^''Barr«> 
Pitch,  or  Turpentine,  Ten  Shillings;  and  for  brandin;;  any  empty  Barrel,  or  lending  his  Brand,  or  leiiaing  his 
Forty  Pounds,  Proc'nmation  Money  ;  to  be  recovered  by  Action  of  Debt,  before  any  Juriididion  Brand. 
having  Cognizance  thereof,  with  C(;ils,  by  the  Informer  :  And  every  other  Perfcn  or  Perfons  that  fhall, 
by  any  Ways  or  Means,  brand,  or  procure  to  be  branded,  any  Caflr  of  Flax  Seed,  or  Barrel,  Half 
Barrel,  Caflc,  Firkin,  HalfFiikin,  Box  or  Cafe  as  aforefaid,  than  by  the  Infpedor,  or  by  his  Aflif-  io',r'Li'aud'. 
tant.  he  or  ihey  fo  olfending,  ihall  forfeit  and  pay  for  fuch  Oilence,  the  fame  Fines  and  Penalties  as 
Infpedors  are  by  this  Ad  liable  to  pay  for  Breach  of  their  Duty  or  Miltehaviour; 

X.  /] N D  be  it  further  Enabled,    by  the  Authority  aforefaid.  That  all  Pork  rr  Be»f,   packed  within  Guage  snd  Qn.i- 
this  Province  for  Sale  or  Expc  rialicn,   fhall  be  put  in  good  and  fufficient  new  White  Oak  Cafks,  which  '''«>  • '  R«*  ^i"! 
fhall  no-  contain  more  than  Thirty  One  Gallons  and  an  H  ilf.   Wine  Meafure,  each  Barrel,  and  Fif-  ^'^''^  Bantls. 
teen  Gallons  and  Three  (.Quarts   each  Half  Barrel ;    and  all  Barrels  and  Flalf  Barrels  Ihail  be  made  of 

Timber  fcafoned  at  lealt  Six  Months  after  the  riving;    the  Staves  not  lefs  than  Half  an  Inch  thick  in 
the  Bilge  when  wrought ;   the  Heading  not  lefs  than  Three  Quarters  of  an  Inch  thick,  and  well  dow- 
elled  ;    Twelve  good  fubf!antial  Hoops  on  each  Calk,  and  the  whole  to  be  ti^-ht,   f.t  to  hold  Pickle, 
and  Workman  like,    and  fliall   contain   at  leall  Two  Hundred  and  Twenty  Pounds  cf  good,  clean, 
found,  and  merchantable  Meat,  properly  forted,  and  will  faked,  with  at  leaft  H.df  a  Buihel  of  Salt     o.nntliy        ani 
to  each  Carrel,  and  nailed  and  packed  ;  and  no  more  than  two  Heads  in  one  Barrel  of  Pork,  and  nut     Q^-twy  i.f  Moat 
any  Boars  Flefh  in  any  Barrel  of  Pork  ;   or  any  Heads,   Bulls  Flefli,  or  moie  than  two  Shanks,  in  any     ";  ''=  f-"'-»'^J  in 
Barrel  of  Beef:    .^nd  every  Cafk  of  Rice  fhall   be  filled  with  found  and  well  cleaned  Rice;  and  after     ''"■'"'■ 
the  fame  has  been  infpedcd,  found  good  and  merchantable,  and  paffed  by  the  Infpedor,  every  fuch 
Barrel  fhall  be  by  him  branded  as  aforefaid,  and  a  Certificate  or  Certificates  thereof '-iv  en  to  the  Owner,     ^"   ^'^   branded, 
bearing  Date  in  V/ords  at  Lenijth,  the  fame  Day  fuch  Commodity  or  Commodities^vere  impeded  :::\a.     *"^^^„  ih^'ulil^ner" 

pafTcJ; 


I'cn     fi  r    roun« 

t'.rleitint;   Inlpec« 


460 


LAWS    of    North-Carolina. 


^.  D. 


1770. 


Commodities, 
after      lying     60 
Dj^s,    to  be  re« 
infpcfied. 


Ptn.  for  (hipping 
them    otheiwife, 


Guage  of  Pitch 
snd  Tuipentine 
Barrels, 


Fraiidulent  Pitch 
forfeited. 

Gtiage     of     Tar 
Barrels. 


Makers  of  Tar, 
&c  to  brand 
their  Barrels, 


Infpeflnis      to 
keep  a  Book   for 
Commodities, 


His  Fee  for 
branding  Makers 
Bdriels. 


Provlfo,  for  Tar, 
&c.  to  be  rein- 
fpeflfil,  after  ly- 
ing 20  Days* 


pa/Ted;    and  every  Hogfliead  of  Flax  Seed  fhall  hereafter  contain  feven  Bulhels  and  one  Eighth  of  a 
Bufhel  of  well  cleaned  and  merchantable  Flax  Seed. 

XI.  AND  whereas  Pork,  Beef,  Rice,  Flour,  and  Butter,  may,  by  Reafon  of  its  being  long 
kept,  become  not  good,  found,  and  merchantable  ;  Be  it  further  Enaded,  hy  the  Authority  aforefaid. 
That  none  of  the  faid  Commodities  fhall  be  laden  or  put  on  Board  any  Ship  or  Veffel,  if  the  fame 
have  been  kept  Sixty  Days  after  they  have  been  infpefted,  until  the  fame  fliall  have  been  again  in- 
fpefted  and  pafled  by  the  Infpedlor,  and  Certificate  or  Certificates  granted,  in  the  fame  Manner  as  if 
fuch  Commodities  had  never  been  infpefted  ;  any  Thing  herein  contained  to  the  contrary  notwith- 
ftanding  :  And  every  Perfon  who  (hall  prefume  to  lade  or  put  on  Board,  or  caufe  to  be  laden  or  put 
on  Board,  any  Ship  or  Veffel,  any  Pork,  Beef,  Rice,  Flour,  or  Butter,  for  Exportation  as  aforefaid, 
any  Time  after  the  Expiration  of  Sixty  Days  from  the  Time  that  the  fame  Ihall  have  been  viewed  and 
infpefted  as  aforefaid,  fhall  forfeit  and  pay  the  Sum  of  Three  Pounds,  Proclamation  Money,  for  every 
fuch  Barrel  of  Pork,  Beef,  Rice,  Flour,  and  Cafk  or  Firkin  of  Butter,  fo  laden  or  put  on  Board  any 
Ship  or  other  Veffel ;  to  be  recovered  by  Aftion  of  Debt,  with  Coftsj  one  Half  to  the  Informer,  and 
the  other  Half  to  the  Ufeof  the  Parifh  wherein  fuch  Offence  fhall  be  committed,  before  any  Jurifdic- 
tion  having  Cognizance  of  the  Sum  or  Sums  fo  forfeited  ;  and  the  Mafter  or  Commander  of  fuch  Ship 
or  Veffel  fhall  be  liable  to  the  fame  Penalty  as  for  lading  Pork,  Beef,  Rice,  Flour,  or  Butter,  without 
being  branded  ;  and  the  Juftices  and  Colleftor  fhall,  and  are  hereby  required,  to  ufe  the  fame  Method 
of  Proceeding,  to  compell  the  Payment  of  the  faid  Penalty,  as  in  that  Cafe  is  before  direfted  to  be  ob- 
ferved. 

XII.  AliD  he  it  further  EnaSled,  hy  the  Authority  aforefaidt  That  every  Barrel  of  Pitch  or  Tur- 
pentine fhall  contain  Thirty-two  Gallons,  and  be  well  filled,  free  from  any  fraudulent  Mixture,  and 
in  good  and  fufiicient  Cafks,  made  of  good  feafoned  Staves,  at  leafl  three  Quarters  of  an  Inch  thick, 
and  not  exceeding  four  Inches  in  Breadth ;  and  in  Turpentine  Barrels  there  Ihall  not  be  any  Sap  in  the 
Staves,  and  each  to  be  hooped  with  twelve  good  Hoops  at  leaft,  and  before  it  be  branded  by  the  In- 
fpeftor  fhall  be  weighed  in  his  Prefence;  and  every  Three  Hundred  and  Twenty-two  Pounds  Weight 
of  fuch  Pitch  or  Turpentine,  including  the  Cafk,  and  fo  in  Proportion,  fliall  be  counted  a  lawful 
Barrel  of  Pitch  or  Turpentine  :  And  if  any  Pitch  or  Turpentine  fhall  be  found  by  the  Infpeftor  to  be 
fraudulently  mixed,  the  fame  fhall  be  condemned,  and  forfeited  to  the  Ufe  of  the  Parifh  where  the 
fame  fhall  be,  and  may  by  the  Churchwardens  thereof  be  cleanfed  and  fold  for  fuch  Ufe  :  And  every 
Barrel  of  Tar  fhall  be  the  Guage  of  Thirty-two  Gallons,  Wine  Meafure  ;  and  every  Barrel  of  Tar  of 
lefs  Size,  or  in  bad  or  infufHcient  Cafks,  fewer  than  Twelve  Hoops,  fhall  be  put  in  merchantable 
Order,  at  the  Expence  of  the  Owner  j  and  when  full  bound,  no  more  than  one  third  Part  of  the 
Staves  fhall  be  left  bare  ;  and  every  Barrel  of  Tar,  Pitch,  and  Turpentine,  after  the  fame  ihall  be  in- 
fpefted, guaged,  found  clean,  well  filled,  and  truly  made  merchantable,  and  paffed  by  the  Infpeftior, 
fhall  be  by  him  branded. 

XIII.  A  N  D  he  it  further  Enaded,  by  the  Authority  aforefaid,  That  every  Maker  of  Pitch,  Tar,  or 
Turpentine,  fhall  mark  or  brand,  or  caufe  to  be  marked  or  branded,  every  fuch  Barrel  of  Piccli,  Tar^ 
or  Turpentine,  with  the  initial  Letters  of  his  or  her  Name,  not  lefs  than  one  Inch  long,  and  Breadth 
in  Proportion  ;  under  the  Penalty  of  One  Shilling,  Proclamation  Money,  for  every  Barrel  as  may  not 
be  fo  branded,  to  be  paid  to  any  one  who  may  demand  the  fame,  or,  on  Refufal,  to  be  recovered  by 
Warrant  before  any  fingle  Magiftrate;  and  that  no  Infpeftor  fhall  pafs  or  brand  any  Barrel  or  Barrels 
of  Tar,  Pitch,  or  Turpentine,  that  does  not  contain  full  Thirty-two  Gallons  Wine  Meafure,  and  in 
every  other  Manner  agreeable  to  the  feveral  Rules  and  Reflriftions,  and  under  the  feveral  Penalties, 
as  are  provided  for  in  this  Aft  :  And  every  Infpeftor  fhall  keep  a  Book  for  Beef,  Pork,  Rice,  Pitch, 
Tar,  and  Turpentine,  in  which  fhall  be  fairly  entered  the  Maker's  Name  and  Mark,  the  Number  of 
Barrels  landed,  the  Number  of  Barrels  infpefted  of  the  fame  Mark,  the  Merchant  or  Sliipper's  Name 
caufing  the  fame  to  be  infpefted,  and  the  Time  of  Infpeftion  ;  and  fhall  give  a  Certificate  of  any  Parcel 
to  any  Perfon  requiring  the  fame,  on  Payment  of  One  Shilling  :  And  any  Perfon  failing  or  neglefting 
to  mark  or  brand  his,  her,  or  their  Cafks,  according  to  the  Direftions  of  this  Aft,  fhall  pay  One 
fialfpenny  per  Barrel  to  the  Infpeftor  for  marking  the  fame  with  the  initial  Letters  of  the  Maker's 
Name  ;  which  Fee  fhall  be  paid  by  the  Perfon  paying  the  Fees  of  Infpection,  and  by  him  may  be 
charged  to  the  Maker. 

XIV.  PROVIDED  always.  That  if  any  Tar,  Pitch,  or  Turpentine,  fhall  remain  Twenty 
Days,  or  more,  after  the  fame  has  been  infpefted  and  paffed,  in  Manner  aforefaid,  before  the  fame 
fhall  be  laden  or  put  on  Board  fome  Ship  or  Veffel  for  Exportation,  it  Ihall  not  be  lawful  for  the  Ex- 
porter to  lade  or  put  the  fame  on  Board  any  Ship  or  Veffel  as  aforefaid,  until  the  fame  fhall  have  been 
again  infpefted  and  paffed  by  the  Infpeftor,  and  Certificate  or  Ceriificates  granted  for  the  fame,  in  the 
fame  Manner  as  if  fuch  Commodities  had  never  been  infpefted  ;  any  Thing  herein  contained  to  the 
contrary  notwithflanding.  And  every  Perfon  who  fhall  prefume  to  take  or  put  on  Board  any  Ship  or 
Veffel,  any  Tar,  Pitch,  or  Turpentine,  for  Exportation  as  aforefaid,  at  any  Time  after  the  Expira- 
tion of  Twenty  Days  from  the  Time  that  the  fame  (hall  have  been  viewed  and  infpefted  as  aforefaid, 
fhall  forfeit  and  pay  the  Sum  of  Ten  Shillings,  Proclamation  Money,  for  every  fuch  Barrel  fo  laden 
cr  put  on  Board  any  Ship  or  other  Veffel ;  to  be  recovered  by  Aftion  of  Debt,  with  Colls ;  one  Half 
to  the  Informer,  and  the  other  Half  to  the  Ufe  of  the  Parifh  wherein  fuch  Offence  Ihall  be  committed, 
before  any  Jurifdiftion,  having  Cognizance  of  the  Sum  or  Sums  of  Money  fo  forfeited:  And  the 
Mafter  or  Commander  of  fuch  Ship  or  Veffel  fhall  be  liable  to  the  fame  Penally  as  for  lading  Beef, 
Pork,  Rice,  I  ar.  Pitch,  or  Turpentine,  without  being  branded  ;  and  the  Juftices  and  Colleftors 
fhali,  and  are  hereby  required,  to  ufe  the  fame  Method  of  Proceeding  to  compell  the  Payment  of  the 
faid  Penalty,  as  in  that  Cafe  is  diretled  to  be  obferved. 

XV.  AND 


LAWS    of    Noxth-Carolina. 


461 


XV.     AND  FORASMUCH  as  it  is  difficult  in   warm  and  rainy  Weather  to  feparate  Tar    A.  D 
from  Water,  It   is  hereby  declared.  That  Water  ihall  not  be  accounted  a  fraudulent  Mixture  in  any 
Tar;   but  that  in  fuch  Cafes,   the  Barrel  fliall  not  be  branded  by   the  Infpcftor,   until  the   iame  is  as    W^ter 
free  from  Water  as  it  can  be  madej  any  Thing  herein  contained  to  the  contrary  notwithftanding. 


1770. 


in  T.ir. 
nor  a  fraudulent 
Mixiiire, 


XVI.  AND  whereas  alfo  it  is  difficult  for  Merchants,  and  other  Perfo'ns,  buying  Quantities  of  c^ 
Pork,  and  Beef,  to  get  good  Calks  to  put  it  in  ;  It  is  hereby  Ena<3ed,  That  from  and  after  the  paffiiig  of  agi 
this  Aft,  no  Cooper,  or  other  Perfon  whatfoever,  making  Calks,  (hall  expofe  to  Sale  any  Barrel  or  ^" 
Half  Barrel,  for  the  holding  of  Pork  or  Beef,  other  tlian  fuch  as  are  by  this  Ad  direfted  to  be  made  '"^ 
for  that  Ufe.  And  every  Cooper,  or  other  Perfon,  making  Barrels  or  Half  Barrels,  before  they  deliver  g_ 
or  expole  the  fame  to  Sale,  fliall  fet  his  or  her  proper  Brand  upon  every  Barrel  or  Half  Barrel  ;  which 
Brand  he  or  they  (hall  caufe  to  be  recorded  in  the  Oflicc  of  the  Clerk  of  the  Court  of  the  County  where 
he  or  they  (hall  rclide.  And  every  Cooperj  or  ocher  Perfon,  expofing  to  Sile  any  Calk  not  agreeable 
to  the  Directions  of  this  Act,  (hall,  for  every  fuch  Cafk,  forfeit  and  pay  Six  Shillings  and  Eight-pence, 
Proclamation  Money  ;  and  for  not  recording  his  Brand,  the  Sum  of  Five  Pounds,  Proclamation  Mo- 
ney, one  Half  to  the  Churchwardens^  for  the  Ufe  of  the  Parifh  where  the  Offence  (hall  be  committed, 
and  the  other  Half  to  him  or  them  who  (hall  fue  for  the  fame  ;  to  be  recovered  befure  any  Jurifdicti- 
on  having  Cognizance  thereof,  with  Cofts,  provided  the  fame  be  fued  for  within  (ix  iVlonths  after 
the  Oh-ence  committed;  an-  every  Barrel  for  Tar,  Pitch,  and  Turpentine,  fliall  be  branded  in  Man- 
ner alorefaid,  by  the  Cooper,  under  the  Penalty  of  Five  Shillings. 


flc!  to  be  mala 
rtcabte  to  Law', 
i  C'>' pers  to 
and  thenn,  a  A 
c  td  theic 
and. 


Exporter  pfCotri- 
mo.lities  to  pro- 
duce lufpeQorJ 
C-rtificate,  nn 
O  th,    to  Maftei* 

of  v<.(r=i3. 


XVII.  J  N D  be  it  further  Enaded,  by  the  Authority  afore/aid.  That  every  Seller  or  Exporter  of 
Flax  Seed,  Pork,  Beef,  Rice,  Flour,  Butter,  Tar,  Pitch,  or  Turpentine,  packed  or  (iiled  in  this 
Province,  and  branded,  (hall  produce  the  Certificate  of  the  Infpector  who  infpected  the  fame,  and 
make  Oath  (or  if  one  of  the  People  called  Quakers,  then  an  Affirmation)  if  required,  before  a  Juf- 
tice  of  the  Peace,  on  Delivery  of  the  Goods  (old  or  exported,  that  the  feveral  Commodities  intended 
by  him  to  be  fold  or  exported  are  the  fame  that  were  inlpected  and  pafTed,  and  do  contain  the  full 
Quantity  mentioned  in  fuch  Certificate,  without  Embezzlement,  to  his  Knowledge  ;  which  Oath  or 
Affirmation  the  Jullice  (hall,  and  is  hereby  required  to  certify  on  the  Back  of  fuch  Certificate,  whicfi 
Certificate  the  Seller  (hall  deliver  to  the  Buyer,  if  fuch  Commodities  be  fold  ;  and  the  Perlon  ex- 
porting fuch  Commodities  (hall  deliver  fuch  Certificate  to  the  Mailer  of  the  Ship  or  VelTel  on  Board 
which  the  fame  (hall  be  (hipped  or  laden  :  And  if  fach  Seller  ot-  Exporter  (hall  neglect  or  refufe  to 
make  Oath  or  Affirmation,  if  required,  he  (hall  for  every  fuch  Ofi-'ence  forfeit  and  pay  the  Sum  of 
Ten  Pounds  Proclamation  Money,  to  the  Informer  ;  to  be  recovered  with  Colls,  in  any  Court  of  Re- 
cord, by  Action  of  Debt,  Bill,  Plaint,  or  Information. 

XVIII.  AND  be  it  further  EnaSlcd  by  the  AiithcrUy  afore/aid,  That  it  may  be  lawful  for  every  Warehnnfes  niiy 
Inferior  Court  within  this  Province,  wherein  there  are  not  public  Warehoufes  by  Law  erected,  for  be  rtnt-j,  or  e- 
the  Reception  and  Infpection  of  Tobacco,  at   the  Expence  of  fuch  County,  to  erect  or  rent  a  Ware-    reiled, 

houfe  at  or  near  fome  public  Landing,  on  a  navigable  River  or  Creeki  for  the  Infpection,  Recepti- 
on, and  Safe  keeping  of  all  Indico,   at  any  Time  after  to  be  paid,  or  tendered  in  Payment  of  Public, 
County,  or  PariOi  Taxes;  and   (hall   appoint  and  direft  at  what  Time  the  Infpeftor  or  Infpeiftors 
fhall  attend  to  infpedt  and  receive  the  fame  :   And  every  Infpeftor  that  (hall   be  appointed   by  Virtue     inf.ea)-s  to  find 
of  this  Ai\,  (hall  find  Labourers  equally  with  the  Owner,  to  aflill  in  weighing  the  feveral  Commodi-    Labourers,     and 
ties  he  (hall  infofvEt  and  weigh;  and  alfo,  ihall  find  and  provide  proper  Steelyards  or  Scales,  of  the    provide  Scales. 
lawful  Standard,  for  that  Purpofe. 


XIX.  AND  be  it  further  EnaHcdi  by  the  Authority  dfortfaid.  That  all  Indico  paid  in  Difcharge 
cf  Public,  County,  or  Pari Ih  Taxes,  by  Virtue  of  any  I/aw  of  this  Province,  (hall  be  firit  brought 
to  one  of  the  public  Warehoufes  appointed  by  A£t  of  Adembly  for  the  Infpcdlion  of  Tobacco,  to  be 
treified  or  rented  by  Virtue  of  this  Ad  as  alorefaid,  and  there  infpedcd  :  And  any  Infpedor  of  the 
County  wherein  fuch  V/arehoufes  are  appointed,  or  faall  be  erecled  or  rented  as  aforefaic,  on  Notice 
given,  fnall  attend  according  to  the  Direclions  of  the  Inferior  Court,  and  carefully  view  and  examine 
all  fuch  Indico;  and  if  it  is  dry,  free  from  Dufr,  Sand,  and  every  fraudulent  Mixture,  and  is,  in  the 
Opinion  of  fuch  Infeftor,  good  and  merchantable,  and  fuch  as  will  intitle  the  Exporter  thereof  to 
the  Bounty  allowed  by  Act  of  Parliament,  fuch  Infpecr'ji-  (hall  wcigli  the  fame,  and  be  obliged  to  de- 
liver to  the  Perfon  or  Pcrfons  bringing  ihe  f.ime,  as  many  Pronullbry  Notes,  under  the  Hand 
of  fuch  Infpector,  as  fhall  be  required,  lor  the  full  Quantity  of  Indico  received  by  him  ;  which  Indico 
fuch  Infpector  Ihall  carefully  fecure  in  Barrels,  Boxes,  or  Cafes  ;  and  tlie  faid  PromilTory  Notes  are 
hereby  declared  to  be  current  and  transferrable  in  Pavment  of  all  Public,  County,  and  Parilh  Taxes, 
at  the  Rate  or  Price  of  Four  Shillings,  Proclamation  Money,  per  Pound,  and  lliall  be  paid  and  fatis- 
ficd  by  fuch  Infpector  who  figned  the  fame,  upon  Demand  :  And  every  fuch  Infpector  ihall  be  oblig- 
ed, and  is  hereay  required,  to  pack  and  fecure  all  Indico  by  him  received,  in  Barrels,  Boxes,  or  Ca- 
fes ;  and  for  every  Barrel,  Box,  or  Cafe,  by  him  paid  away  in  Difcharge  of  any  PromilTbry  Note  or 
Notes  by  him  given,  and  containing  Two  Hundred  Pounds  Weight  Nett,  and  branded  with  the 
Grofs,  Tare,  and  Nett  Weight,  and  Name  of  the  Infpector,  and  nailed  and  fecured  fit  for  ihipping  ; 
there  Ihall  be  paid  by  the  Pcilbn  receiving  the  iame,  the  Sum  of  Five  Shillings  and  Sixpence,  to  the 
Ufe  of  fuch  Infpector,  and  fo  proportionably  for  Barrels,  Boxes  or  Cafes,  containing  lefs  ;  and  fuch 
Infpector  ihall  alio  have  an  /illowa.Tce  of  Three /■cr  Cent,  (or  all  Indico  he  ihall  pay  away  in  Difcharge 
of  any  fuch  Note  or  Notes  for  Shrinkage  and  Walte  :  And  if  any  Infpector  by  whom  iuch  Note  (hall 
be  given,  (h  ill  refufe  or  delay  to  fatisfy  the  fame  when  demanded,  he  (liall  forfeit  and  pay  for  every 
fuch  Refufal  or  Neglect,  the  double  Value  of  fuch  Indico  i^^  rcfuibd  or  neglected  to  be  paid;  to  be 
recovered  before  any  Jurifdiction  having  Cognizance  thereof,  with  Colls,  to  the  Ufe  of  the  Party 
.  grieved; 

N  n  n  XX.  AND 


Indiro  pi!d  for 
Taxes,  to  be  in- 
fpefled. 


Infpeflors  to  give 
Notes  for  it ; 
wh;ch  (hall  be 
carrent  in  Pjy» 
ment  of  Taxes. 


Infpeflor  to  fe- 
cure it  in  Cafe?, 
&c. 

His  Fee  for  the 
fame. 


Allowed     1     per 

Cent,  for  bhnn^ 

k.^ge. 

Hen.  on   bin  for 

rerufine     to     pay 

his  Note, 


462 


LAWS    of    North-Carolina. 


A.  D. 


177c 


Payment  cif  Taxes 
in  Indico,  to 
be  in  InTpeflors 
Niites,  tendered 
by  loth  March. 
Iridico  rcfofcd. 
Owner  to  fort  it 
at  the  Ware- 
ht'ufe. 


Pen.  on  Infpec- 
tor  ncgleftiiig  to 
attend. 


Difpiite  about 
any  Coniiad\  fjr 
Indite,  neareft 
Ii.fpeftor  to  be 
called  to  irifpeft 
the  fame. 


His  Fee. 


Pen  for  counter- 
friliPji  Infpcftors 
Notes,  export- 
ing Cumni'id.fies 
with  frgcd 
Bian-i,  or  pack- 
ing  th-^m  in 
branded  Barrels. 


Proceed,  where 
Inlp'-'^'irs  No  tes 
are  kft. 


Dimenfions   of 
Lumber<r 


Lumber  market! 
too  nr.uch,  to  be 
forfeited. 

Quality  of 
Boards,  Plank, 
And  Deer- Skins. 


Lumber  &  Deer 
Skins  not  to  be 
infpefl^d,  unJcfs 
requiredt 


XX.  AND  be  it  further  E>ia£}ed,  That  no  Tender  of  Public,  County,  or  Parifli  Taxes,  in  In* 
dico,  fliall  be  accounted  lawful,  unlefs  the  Payment  of  the  fame  be  tendered  in  Infpedlors  Notes  as 
aforefaid ;  and  fuch  Payment  be  tendered  on  or  before  the  Tenth  Day  of  M«rf/&,  in  the  Year  that 
they  are  or  fliall  be  payable. 

XXI.  JN  D  he  it  further  Enabled,  That  when  any  Indico  fhall  be  brought  to  any  Infpeftion,  and 
fhall  be  refufed  by  the  Infpector  there  oifficiating,  the  Owner  Ihall  immediately  fort  and  feparate  the 
bad  and  unmerchantable  from  fuch  as  is  by  this  Aft  declared  to  be  good  and  merchantable,  at  the 
Warehoufe  where  the  fame  was  refufed  ;  and  the  Infpedlor  ihall  receive  fo  much  thereof  as  in  his  Opi- 
nion is  good  and  merchantable,  and  give  a  Note  or  Notes  for  the  fame. 

XXII.  AN  D  he  it  further  EnaSled,  That  every  Infpedlor  who  Ihall  be  appointed  by  Virtue  of  this 
AiS,  to  infped  Indico,  fliall  give  conftant  Attendance  at  the  Times  and  Places  by  the  Inferior  Court 
ordered  and  apoin ted  ;  under  the  Penalty  of  forfeiting,  to  the  Party  grieved.  Five  Shillings  Procla- 
mation Money,  lor  every  Day  he  fliall  negledt  or  fail  to  attend  j  to  be  recoved  by  a  Warrant,  with 
Colis,  before  a  Juftice  of  the  Peace,  unlefs  good  Caufe  fliewn  for  fuch  Negleft  or  Failure. 

XXIII.  AND  he  it  farther  EnaSIed,  That  if  any  Perfon  or  Perfons  fhall  fell  or  contraft  for  any 
Indico,  as  good  and  merchantable,  according  to  the  Diredions  of  this.  Aft,  and  any  Difpute  ihall 
arife  between  the  Buyer  and  Seller,  concerning  the  Quality  of  the  Indico  offered  or  tendered  in  Dif- 
charge  of  fuch  Contraft,  it  ihall  and  may  be  lawful  for  the  Parties,  or  either  of  them,  to  call  the 
nearefl  InfpeClor  of  the  County  wherein  fuch  Indico  is  tendered,  or  offered  as  aforefaid  ;  who  is  hereby 
required  to  obey  fuch  Call,  and  infpcft  the  fame,  and  if  it  is,  in  the  Opinion  of  fuch  Infpeftor,  good 
and  merchantable,  and  of  Quality  to  entitle  the  Exporter  to  the  Bounty  allowed  by  Act  of  Parliament, 
he  fliall  pafs  the  fame,  or  otlierwife  refufe  it ;  and  fuch  Infpector  (hall  be  paid  for  his  Trouble,  by 
the  Party  againft  whom  he  fliall  give  Judgment,  Five  Shillings  and  Fourpence,  Proclamation  Money, 

XXIV.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  if  any  Perfon  whatfoever 
fhall  forge  or  counterfeit  any  Note  of  any  Infpector,  or  tender  in  Payment,  or  expofe  to  Sale,  any 
fuch  forged  or  countejfeit  Note,  knowing  the  fame  to  be  fuch  ;  or  caufe  to  be  exported  any  Hogfhead 
bf  Flax  Seed  ;  or  Barrel  of  Pork,  Beef,  Rice,  Flour,  Butter,  Tar,  Pitch,  or  Turpentine  ;  or  Barrel, 
Box,  or  Cafe  of  Indico,  or  expc)fe  the  fame  to  fale  Sale,  knowing  the  Brand  thereon  to  be  forged  or 
counterfeited  ;  or  fliall  put  or  pack  any  Pork,  Beef,  Rice,  Flour,  Butter^  Tar,  Pitch,  Turpentine, 
or  Indico,  into  any  Barrel,  Fiikin,  Box  or  Cafe,  branded  by  any  Infpeftor  as  aforel'aid,  on  Purpofe 
to  evade  this  Aft,  and  to  fell  or  export  fuch  Commodity  without  being  infpefted,  every  Perfon  fo 
ofiending,  and  being  thereof  lawfully  convifted  before  any  Court  of  Record,  having  Cognizance 
thereof,  fliall,  for  the  firfl  Offence,  by  Order  of  fuch  Court,  have  and  receive,  on  his  or  her  bare 
Back,  Thirty-nine  Lafhes,  well  laid  on,  and  fliall  fuffer  one  Month's  Imprifonment,  without  Bail  or 
Mainprize ;  and  for  the  fccond  Ofi^^nce  fnall  be  adjudged  guilty  of  Felony. 

XXV.  AND  he  it  further  Enaded,  by  the  Authority  aforefaid.  That  if  any  Infpeftors  Note  at 
aforefaid,  fliall  be  cafually  lofl,  miflaid,  or  dellroyed,  the  Peribn  or  Perfons  intitled  to  receive  the  In- 
dico by  Virtue  of  any  iueh  Note,  ihall  and  may  go  before  any  Juftice  of  the  Peace,  and  make  Oath, 
in  the  Manner  by  Law  direfted  conccring  Ini'peftors  Notes  or  Receipts  for  Tobacco  being  loft,  mif- 
laid, or  deftroyed  ;  and  thereupon  ihall  have  the  like  Remedy  and  Relief,  and  be  fubjeft  and  liable 
to  the  fame  Penalties  and  Punilhments  for  making  falfe  Oaths  therein,  or  producing  forged  Certifi- 
cates knowing  the  fame  to  be  forged,  as  Perfons  in  the  like  Cafes  are  by  the  faid  Law  made  liable 
and  fubject  to. 

XXVI.  AND  he  it  further  Enaded,  by  the  Authority  aforefaid.  That  all  Staves,  Heading,  Shin- 
gles, Boards,  Plank,  Joifts,  and  fquaie  Timber,  which  iliail  be  fold,  or  fliipped  on  Board  any  Ship 
or  Vefl'el  for  Exportation,  ihall  be  of  the  following  Dimenfions;  otherwife  ihall  not  be  deemed  mer- 
chantable, and  fliall  be  forfeited  to  the  Ufe  herein  after  mentioned,  to  luit,  Butt  Staves  fliall  be  five 
Feet  nine  Inches  long,  four  Inches  broad,  and  an  Inch  thick  on  the  Heart  or  thin  Edge,  and  clear  of 
Sap.  Pipe  Staves,  four  Feet  eight  Inches  long,  four  Inches  broad,  and  three  quarters  of  an  Inch 
thick  on  the  Heart  or  thin  Edge,  and  free  from  Sap.  Hogfhead  Staves  fliall  be  three  Feet  fix  Inches 
long,  four  Inches  broad,  and  three  quurters  of  an  Inch  thick  on  the  Heart  or  thin  Edge,  and  free 
from  Sap.  Barrel  Staves  fliall  be  two  Feet  nine  Inches  long,  four  Inches  broad,  and  three  quarters  of 
an  Inch  thick  on  tlie  Heart  or  thin  Edge,  and  free  from  Sap,  for  the  European  Market ;  and  thofe 
to  be  exported  to  the  Northern  Colonies,  only  thirty  Inches  long,  and  of  the  fame  Breadth  and  Thick- 
nefs  with  thofe  for  the  European  Market.  White  Oak  Hogfhead  Heading  fliall  be  thirty-two  Inches 
long,  fix  Inches  broad,  and  one  Inch  thick  on  tlie  Heart  or  thin  Edge,  and  clear  of  Sap.  Barrel 
.Heading  fliall  be  nineteen  Inches  long,  fix  Inches  broad,  and  three  quarters  of  an  Inch  thick  on  the 
Heart  or  thin  Edge,  and  clear  of  Sap.  Shingles  fliall  be  eighteen  and  an  half  Inches  long,  five  Inches 
broad,  and  five  eighths  of  an  Inch  thick  ;  which  faid  feveral  Sorts  and  Kinds  fhall  be  of  the  Dimen- 
fions aforefaid,  at  the  leaft,  and  well  got  of  good,  found,  and  merchantable  Timber:  And  every 
Board,  Plank,  Piece  of  Scantling,  or  other  fqaare  Timber,  being  marked  with  the  Number  or  moi-e 
Feet  than  they  contain,  fliall  be  forfeited  to  the  Churchwardens,  for  the  Ufe  of  the  Parilh  :  And  no 
Boards  or  Plank  fhall  be  deemed  merchantable,  or  pafli;d  by  any  Infpeftor,  that  is  not  free  from  any 
Split  twelve  Inches  long,  hath  no  Edge  lefs  than  half  an  Inch  thick,  and  is  not  irte  from  Holes  :  That 
all  Deer  Skins  that  fliall  hereafter  be  expofed  to  Sale,  fliall  be  clean  and  free  fiom  Fleih,  and  the 
Claws  and  Skulls  taken  therefrom,  and  otherwife  merchantable. 


XXVII. 
Timber,  or 


PR  OVID  ED  ne--verthelef.  That  no  Staves,  Headind,  Shingles,  Boards,  Planjv,  fquar« 
Deer-Skins,  Ihall  be  infpccted,  unlefs  required.  XXVIII,  PRO. 


LAWS    of    North-Carolina. 


4<^3 


XXVIII.  PROVIDED  alfo.  That  when  any  DIfpute  arifes  between  the  Seller  and  Purchafer 
of  any  Boards,  Plank,  or  other  Lumber  intended  for  x.\\t  EiigHjh  Market,  the  Infpeetor  fhall  infpect 
the  fame,  agreeable  to  the  Englijh  Act  of  Parliament,  if  called  on  for  that  Purpofe. 

XXIX.  AND  he  it  further  Enabled,  That  when  any  Difpute  (hall  arife  between  the  Buyer  and 
Seller  of  any  Staves,  Heading,  Shingles,  Boards,  Scantling,  Plank,  or  Timber,  or  Deer  Skins,  as 
aforefaid,  in  Refpett  of  the  Quality,  Dimenfions,  and  Quantity  thereof,  it  (hall  and  may  be  lawful 
for  either  Party  to  call  on  the  nearell  Infpeftor  of  the  County  ;  which  Call  he  is  hereby  required  to 
obey,  to  view,  infpeft,  and  meafure  the  fame,  and  to  pafs  {q  much  thereof  as  he  (hall  be  of  Opinion 
is  good  and  merchantable,  according  to  the  Direi^ons  of  this  Aft,  and  refufe  the  reft. 

XXX.  A  N D  be  it  further  EnaBed,  by  the  Authority  nforefaid.  That  if  any  Infpeftor  to  be  appointed 
by  this  Aft,  (hall  receive  or  take,  direftly  or  indireftly,  any  Fee,  Gift,  Gratuity,  or  Reward  vvhat- 
foe^er,  of  any  Perfon  for  refigning  or  giving  up  his  Oiiice  of  Infpeftor,  he  (hall  not  only  be  for  ever 
thereafter  difabled  from  holding  or  executing  thefaid  Office,  but  for  fuch  Oll^ence  (hall  foifeit  and  pay 
the  Sum  of  Forty  Pounds,  Proclamation  Money;  to  be  rt-covered  with  Colts,  in  any  Court  of  Record, 
to  the  Uie  cf  the  Informer,  by  Afticin  of  Debt,  Bill,  Plaint,  or  Information  :  And  every  Perfon  offer- 
ing and  paying,  direftly  or  indireftly,  any  Gratuity  or  Reward  whatfocver,  to  any  Infpeftor  to  refign 
or  give  up  his  laid  Office,  (hall,  for  his  faid  Offence,  be  for  ever  difabled  from  holding  the  faid  Office 
of  infpeftor  in  this  Province. 

XXXI.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  no  Perfon  holding  any  Pod 
or  Place  of  Profit  by  Deputation,  or  otherwife,  (hall  be  appointed  to  the  Office  of  Infpeftor,  or  (hall, 
during  his  Continuance  therein,  be  capable  of  being  elefted  Member  of  the  AfTembly:  And  if  any 
Member  of  Affcmbly  fliall  accept  of  the  faid  Office  during  his  being  fuch,  he  (hall  be,  and  is  hereby 
declared,  from  thenceforth,  to  be  difabled  to  ferve  as  a  Member  of  Aflembly,  and  (liall  not  fit,  vote, 
or  aft  in  Aifembly  ;  but  (hall  be,  to  all  Intents  and  Purpofes,  incapable,  as  if  he  had  never  been  re- 
turned or  elefted  a  Member  of  AfTembly  :  And  if  any  Pcrlbn  fhall  be  appointed  to  fuch  Office,  and 
fhall  accept  of  any  Poft  or  Place  of  Profit  after  fuch  Appointment,  he  (hail  be  rendered  incapable  to 
hold  his  faid  Office  of  Infpeftor;  and  the  Court  (hall  proceed  to  appoint  another  Infpeftor,  in  the 
Room  of  fuch  Perfon  taking  upon  him  fuch  Poft  or  Place  of  Profit,  according  to  theDireftions  of  this 
Aft. 


A.  D. 


1770 


Lumber  to  be  in 
fpeded    aprt-eabl 
to       the      Engl.fh 
AO.     of    Pailia- 
nient. 

Nearert  Infpee- 
tor to  be  cal.'ed, 
<n  any  Dlpute 
ab^^ut  Lumber, 


Peii.  fer  tnfpec- 
fr  talcing  Fee 
f'lr  giving  up  his 
Office. 


And  on  the  Per- 
f"n  offering  fuch 
Fee. 


No  Perfjn  hnM- 
ing  any  Poft  of 
I'l'ilit,  to  be  In- 
fp.aar. 

Infpeflor  incapa- 
ble of  fitting  in 
Affen.bly. 


XXXII.  A  ND  he  it  further  EnaBed,  by  the  Authority  aforefaid.  That  every  Infpeftor  (hall  be  inti-  I"fpe£lors  tee*, 
tied  to  the  following  Fees,  to  be  paid  in  Proclamation  Money,  to  tc/V, 

/.    /     d. 

For  every  Bulhel  of  Flax  Seed,             ■                      ^               — —              001 

For  every  Barrel  of  Pork  or  Beef,                  — — -                    ■ 008 

For  every  Barrel  of  Rice  infpefted,              008 

For  every  Barrel  of  Flour,   Cafk  or  Firkin  of  Butter,              004 

For  every  Barrel  of  Tar,  Three  Halt-pence. 

For  every  Barrel  of  Pitch  or  Turpentine,                  ' — ■ —  002 

For  every  Thoufand  Staves  or  Heading,  reckoning  Six  Score  to  the  Hundred,  o     1     o 

For  every  Thoufand  Shingles,                  — —              004 

For  every  Thoufand  Feet,   fuperficial  Meafure,  of  Boards,  Plank,  or  Scantling,  o     i      o 

For  every  Ton  of  other  Lumber,              — — .  o      i      o 

For  infpeftihg  and  weighing  each  Deer  bkin,  One  Half-penny. 

XXXIII.  AND  he  it  furthef  £na£led,  by  the  Authority  aforefaid.  That  it  Ihall  and  may  be  lawful  Tobicco  Witc 
for  the  Juflices  of  each  and  every  Inferior  Court  within  this  Province,  where  there  is  not  a  Warehou(e 
already  built,  for  the  Infpeftion  and  fafe-keeping  of  Tobacco,  and  whce  the  fame  (hall  be  wanting  or 
thought  requifite,  to  lay  fuch  Tax  on  the  taxable  Perfons  within  their  feveral  Counties,  as  fhall  be 
thought  fufficient  for  building  any  fuch  Warehoufe;  and  fhall  and  may  caufc  the  fame  to  be  done  at 
fuch  Place  or  Places  as  to  them  (liall  be  deemed  moll  convenient  for  the  fame,  and  appoint  Infpeftors 
for  tvery  fuch  Warehoufe  :   Which  Infpeftors  fliall  be  intitltd  to  the  fame  Fees,  and  liable  to  the  like 

Fines  and  Forfeitures,  as  other  Tobacco  Infpeftors  are  by  Virtue  of  the  Laws  of  this  Province. 

XXXIV.  AND  whereas  many  Commodities  not  in  this  Aft  mentioned,  may  hereafter  be  exported  C""'''  ^°  rc?'!- 
out  of  this  Province;  Be  it  thenfore  Enaiied,  by  the  Authority  aforefaid.  That  whenever  any  Commo-  j")',  Vc'"^'' *^' 
dities,  not  herein  mentioned,  fhall   be  exported  out  of  this  Province,  the  Inferior  Courts  within  their     j,- 


hciufes  may  bi 
crefted,  bvaTar 
on  the  County  } 
and  InfpectLis 
appointed. 


.XXXV.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  feveral  Fines  and  For- 
feitures by  this  Art  inflirted,  for  which  no  Method  of  Recovery  or  Application  is  herein  before  di- 
reftcd,  Ihall  and  may  be  reco\ered,  with  Colls,  before  any  Juiifdiftion  having  Cognizance  thereof ; 
one  Half  to  the  Ufe  of  the  Profecutcr,  and  the  other  Half  to  the  County  wherein  fuch  Penalty  (liall  be 
incurred ;  to  be  applied  by  the  Juflices  of  the  Inferior  Court  towards  lellening  the  County  Tax. 

XXXVI.  AND  be  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  this  Aft  (liall  continue  and 
be  in  Force  for  and  during  the  Term  of  Ten  Years,  after  the  pafhng  thereof,  and  from  thence  to  the 
End  of  the  next  Seffion  of  Afiembly,  and  no  longer.  C  H  A  P, 


Rfcnvery  ani 
Application  of 
Finfs  auci  For- 
fcituresi 


Continuance 
thi;  Ace. 


of 


464 


LAWS    of    North-Carolina. 


A,  D.    1770. 


Pkajnble, 


Act  tuntinoed. 


CHAP.     VIII. 

An  A£l  for  further  sontinuiug  an  A£i^  intituled.  An  Aft  for  appointing  a  Printer  to 

this  Province. 

t.  TT  7  HERE  AS  the  above  recited  A(5t  will  expire  with  the  End  of  this  Sefllon 
continued ; 


of  Aflfembly  j  and  it  being  neceflary  that  the  faid  A6t  fhould  be  further 


II.  B  E  it  therefore  Enacted,  hy  the  Governor,  Council,  and  Affembly,  and  hy  the 
Authority  of  the  fame.  That  the  faid  above  recited  Aft,  and  every  Claufe  and  Arti- 
cle thereof,  be,  and  continue  in  Force  for  and  during  the  Term  of  Three  Years, 
from  and  after  the  paffing  hereof,  and  from  thence  to  the  End  of  the  next  Seflion 
of  Affembly,  and  no  longer. 


Preamtjie. 


Further  Time 
allowed  for  re- 
giBiir.g  DwCds. 


CHAP.     IX. 

An  ASl  for  the  Relief  offuch  Perfons  who  have,  or  may  fiiffer  hy  their  "Deeds  and  mefne 
Conveyances  not  being  proved  and  regijlered  within  the  Time  heretofore  appointed  by 
Law. 

I.  'ITTHEREAS  many  Perfons,  through  Ignorance  of  the  Lnw,  have  neg- 
y  Y    lefted  to  have  their  Deeds  and  meine  Conveyances  proved  and  regiftered 
according  to  the  Direftions  of  the  feveral  Afts  of  Affembly  in  fuch  Cafe  made  and 
provided  :  For  Remedy  whereof, 

11.  B  E  it  EnaEled,  by  the  Governor,  Council,  and  AffemUy,  and  by  the  Authority 
of  the  fame.  That  all  Deeds  and  mefne  Conveyances  of  Lands,  Tenements,  and  He- 
reditaments, not  already  regiftered,  acknowledged,  or  proved,  fhall  and  may,  within 
two  Years  after  the  paffing  of  this  Aft,  be  acknowledged  by  the  Grantor  or  Grant- 
ors, his  or  their  Agents  or  Attornies,  or  proved  by  one  or  more  of  the  fubfcribing 
Witneffes  to  the  fame,  and  tendered  or  delivered  to  the  Regifters  of  the  Counties 
where  fuch  Lands,  Tenements,  or  Hereditaments  are  refpeftively  fituated :  And 
all  Deeds  and  mefne  Conveyances  whatfoever,  which  fhall  be  acknowledged  or 
proved  according  to  the  Direftions  of  this  Act,  though  not  within  two  Years  after 
the  Date  of  the  refpective  Conveyances,  Ihall  be  good  and  valid  in  Law,  and  fhall 
enure  and  take  Effect,  as  fully  and  effectually,  to  the  Ufe  and  Behoof  of  the 
Grantees,  their  Heirs  and  Affigns,  and  thofe  claiming  under  them,  as  if  fuch  Deeds 
and  Conveyances  were  acknowledged  or  proved,  and  regiftered  agreeable  to  the 
Directions  of  any  Act  of  Affembly  heretofore  made. 


I'reatnble, 


P<n.  rn  Perfons 
hunting  with 
Fire-light, 


CHAP.     X. 

An  A£i  to  prevent  hunting  for,  and  killing  Beer  in  the  Manner  therein  mentioned. 

I.  WJ  HERE  AS  many  Perfons,  under  Pretence  of  hunting  for  Deer  in  the 
VV    Night  Time  by  Fire  Light,  kill  and  deftroy  Horfes  and  Cattle,  to  the 
great  Prejudice  of  the  Owners  i  To  prevent  which  for  the  future, 

II.  BE  it  EnaEled  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of 
the  fame.  That  if  any  Herfon  or  Perfons  fhall  be  difcovered  hunting  with  a  Gun  in 
the  Night  Time  by  Fire  Light,  or  fitting  at  any  Lick  in  the  Night,  fuch  Perfon 
or  Perfons  fo  offending,  fhall  forfeit  and  pay  for  every  Offence  the  Sum  of  Five 
Pounds,  Proclamation  Money  -,  to  be  recovered  by  a  Warrant  from  any  Juftice  of 
the  Peace  in  the  County  ;  one  Half  to  the  Informer,  the  other  Half  to  be  applied  to 
the  Ufe  of  the  Parifh  where  fuch  Offence  fliall  be  committed  -,  and  upon  due  Con- 
viftion  thereof  before  fuch  Juftice  on  Trial,  it  ftiall  and  may  be  lawful  for  iuch 
Juftice  thereupon  to  give  Judgment,  and  award  Execution  againft  the  Body  or 

Goods 


L  A  ti^  S    oj     MoKTH- Carolina. 


465 


Goods  of  the  Offender,  and  to  order  fuch  Offender  to  have  and  receive  Thirty-nine 
Ladies,  on  his  bare  Back,  well  laid  on. 

III.  A  N  D  to  prevent  the  concealing  fuch  Offences,  Be  it  Ena,^ed,  by  the  Au- 
thority aforefaid,  Thac  if  any  Ferlon  or  ttrlons  Ihall  fee  any  other  Perfon  or  Pcrlons 
hunting  in  Manner  herein  before-mentioned,  and  fhall  not  difcover  the  fame,  with- 
in Ten  Days,  to  lome  Magiltrate  •,  then,  and  in  Juch  Cafe,  fuch  Perfon  or  Perfons, 
for  not  difcovering  the  faid  Crime,  Ihall  forfeit  the  Sum  of  Five  Pounds,  Proclama- 
tion Money,  for  every  Time  he  Ihall  lee  the  above  Crime  committed  ;  to  be  reco- 
vered and  applied  in  the  Manner  as  in  and  by  this  Act  is  before  directed. 

• 

IV.  AN D  in  order  to difcourage  all  Perfons  from  this  perncious  PradHte,  or 
the  more  eafily  to  detc6t  them  in  the  Commilhon  ttiereof ;  Be  it  further  Enacied^  by 
the  Authority  aforefaid^  That  in  .Ca  e  any  Pcnon  fhall,  upon  Oath,  before  lome 
Magiftrate  of  the  County,  declare  that  he  fui'peds  any  Perlon  or  Perfons  to  be 
guilty  of  hunting  with  a  Gun  in  the  Nighfl^ime  by  Fire  Light,  it  fhall  and  may  be 
lawful  for  luch  Magiltrate  to  ilfue  his  VVarrant  to  apprehend  the  Perlofi  or  Perfons 
fo  lufpeded,  and  to  bring  him  or  them  before  him'  or  fome  other  Magiflrate  of  the 
County  where  the  Offence  is  luppoled  to  be  committed  :  And  in  Cale  the  Perfon  or 
Perfons  fo  apprehended  will  not,  upon  Oath,  declare,  that  he  or  they  have  not  been 
gdky  fince  the  palfing  of  tnis  Act  of  hunting  in  the  Manner  aforelaid,  fuch  Perfon 
or  Perlbns  fhall,  in  fuch  Cafe,  be  deemed  guilty  of  the  Offence,  and  be  liable  to 
be  punifhed  as  in  this  Ad  is  before  uirecled. 

V.  /1ND  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  in  Cafe  any 
idle  diffoluce  Perfon  or  Perlons,  of  a  fuipicious  Character,  Ihould  be  found  hunting 
privately  in  any  County  of  which  he  is  no  Freeholder,  any  Juflice  of  the  Peace  of 
fuch  County  fhall  have  Power  to  iffue  his  Warrant  to  apprehend  the  faid  Perfon  or 
Perlons,  and  bring  him  or  them  before  any  Two  Magi itrates  of  the  laid  County  • 
an.1  if  fuch  Perfon  or  Perlons  Ihall  not  be  able  to  give  a  tair  and  fatisfaftory  Account 
of  his  or  their  Ciiaractcr,  the  faiu  Magiitrate  fhall  have  Power  to  order  him  or  them 
immediately  out  of  the  laid  County  ;  with  which  if  he  or  they  do  not  comply,  but 
is  or  are  afterwards  found  hunting  within  the  Bounds  of  the  faid  County,  he  or  they 
fhall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation  Money ;  to  be  reco- 
vered and  applied  in  the  fame  Manner  as  other  Fines  in  this  Ad.  And  that  no 
Perfon  may  pretend  to  be  ignorant  of  the  Penalties  inflided  by  this  Ad,  the  Clerk 
of  every  Inferior  Court  in  this  Province  fhall,  once  a  Year,  during  the  fitting  of  the 
Court,  read  this  Ad ;  and  every  Clerk  of  the  Militia,  at  leaft  once  a  Year,  read 
the  fame,  to  the  Company  of  which  he  is  Clerk,  while  under  Arms,  at  the  General 
Mufler :  And  in  Cafe  of  Failure,  the  Clerk  fb  failing  fhall  forfeit  and  pay  the  Sum 
of  Forty  Shillings,  Proclamation  Money  •,  to  be  recovered  by^  Warrant,  before  any 
Juflice  of  the  Peace  belonging  to  the  County,  and  to  be  applied  in  the  fame  Manner 
as  other  Fines  already  mentioned  in  tlris  Adt. 

VI.  ANDJ?e  it  further  Enacted,  by  the  Authority  aforefaid.  That  this  Ad  lliall 
be  and  continue  in  Force  for  and  during  the  Term  of  Two  Years,  from  and  after 
the  pafTing  thereof,  and  from  thence  to  the  End  of  the  next  Seffion  of  AfTembly, 
and  no  longer. 


A.  D.   1770. 


Concealment  ''<  f 
furh  Offinccr, 
pR:\enuil. 


Proceeding?  with 
fufpcftedHcrfuns. 


Idle  perfons  found 
hunting  ir.dy  be 
apprehended,  tt 
Fen.  on  theoi. 


This  Aft  to  be 
read  by  Clerkj 
of  Courts,  and 
Militia. 


Continuance  '  of 
the  Aa. 


CHAP.     XI. 

An  A£t  for  appointing  Comm'Jfioiiers  for  ereHing  and  building  a  Court-Houfe,  Prifotiy 
and  Stocks,  for  the  County  of  Try  on. 

I-  WJ  H  E  R  E  A  S  by  an  Ad  of  AfTembly,  made  and  paffed  in  the  Year  of  our 
V  V    Lord  One  Thoufand  Seven  Hundred  and  Sixty  Eight,  intituled.  An  Atl  for 

dividing  MeckknbuTQ  County,  and  other  Purpofes,  Thomas  Neil,  Henry  Clark,  l^Ft  Hi  am 
Yancey,  Daniel  Warlock,    Jacob  Forney,   John  Gordon^    and  Wtllliam  Watjon,   wer? 

O  o  o  appointed 


I'rcimblc. 


466 


LAWS    of    North-Carolina. 


A.  D.  1770.  appointed  Commiffioners,  and  impowered  and  directed  to  contract  and  agree  with 
Workmen  for  erecting  and  building  a  Court-Houle,  Prilon,  and  Stocks,  lor  the 
Ufe  of  Tryon  ;  and  whereas  the  faid  Commiflioners  have  neglected  to  comply  with 
the  Directions  of  the  faid  Act : 


Commiffioners 
appointed     for 
buiMing    Court, 
houfe,  be. 


II.  B  E  it  Enacted,,  by  the  Governor,,  Council,  and  Jfemhly,  and  by  the  Authority 
of  the  fame.  That  "Thomas  Neil,  William  Moore,  Robert  /Idams,  Ephraim  McLane, 
and  John  Beard,  or  the  Majority  of  them,  be,  and  are  hereby  appointed  Commifli- 
oners, and  invefted  with  the  fame  Powers  and  Authorities  as  the  former  Commifli- 
oners ;  and  are  impowered  and  directed  to  agree  and  contract  with  Workmen  for 
ereding  and  building  a  Court-Houfe,  Prifon,  and  Stocks,  for  the  Ufe  of  the  faid 
County,  in  the  Room  and  Stead  of  the  Commiflioners  in  the  before  recited  Aft  ap- 
pointed ;  and  they  arc  hereby  required  to  agree  and  appoint  a  proper  and  convenient 
Place  whereon  to  ereft  the  faid  Buildings,  within  Three  Months,  and  caufe  the 
fame  to  be  erefted  and  built  within  Twelve  Months  after  the  pafllng  of  this  Aft  ; 
any  Law  to  the  contrary  notwithftanding.  , 


CHAP.    XII. 

An  ASl  to  prevent  the  untimely  DeJiru£!ion  of  FiJ/j  in  Core  Sound,  Bogue  Sound,  and 
the  Str eights  in  Carteret  County.     EXP. 


Preamble, 


Commiffioners 
appointed   for  fi- 
nifliing  the 
Church. 


•  CHAP.    XIII. 

An  A51  to  appoint  Commiffioners  for  finijhing  the  Church  in  Wilmington,  in  the  Room 
and  Stead  of  John  DuBois  and  George  Wakely,  Efquires,  deceafed. 

I.  "^TrHEREAS  John  DuBois  and  George  Wakely,  Efqiiires,  two  of  the  Commiflioners  appointed 
W    by  an  Aft  of  Affembly,  intituled,  An  Aa  for  finijhing  the  Church  in  Wilmington,  are  fince 
deceafed ; 

II.  B  E  it  EnaSed,  hy  the  Governor,  Council,  and  Affemlly,  and  hy  the  Authority  of  the  fame,  Jh^t 
the  Honourable  Leivis  DeRoJfett,  Efq;  and  Frederick  Gregg,  Efq;  be,  and  they  are  hereby  appointed 
Commiflioners,  for  finilhing  the  Church  in  Wilmington,  m  the  Room  and  Scead  of  the  faid  John  Du 
Bois  and  George  Wakely,  Efquires,  deceafed  ;  and  the  Commiflioners  by  this  Aft  appointed  are  hereby 
vefted  with  the  fame  Powers  and  Authorities,  and  Ihall  be  fubjeft  to  the  fajne  Rules  and  Reftriftions, 
as  the  Commiflioners  appointed  by  the  Aft  herein  before  recited  were  vefted  with,  and  fubjeft  to. 


Preamble, 


Tobacoo    Ware- 
houfe  to  be  built. 


InfpeaoTS 
pointed   for 
fame. 


ap- 
the 


Poll  tax  laid  for 
defraying  the  V.K- 
pence. 


CHAP.    XIV. 

An  A£l  to  eftablijh  a  public  Infpe5iion  of  Tobacco  in  the  County  0/ Johnflon. 

I.  TTTHEREASthe  eftablifliing  a  public  Infpeftion  of  Tobacco  in  the  County  of  Johnjlon  will 
YV    encourage  Commerce,  promote  Induftry,  and  be  advantageous  to  many  Planters  and  others 
in  the  faid  County  ; 

II,  BE  it  therefore  Enaaed  ly  the  Governor,  Council,  and  Affembly,  and  hy  the  JUthority  of  the  fame. 
That  the  Juftices  of  the  faid  County  of  Johnfion  fliall,  and  are  hereby  impowered  and  direfted,  to 
caufe  to  be  built  and  eredled  a  Warehoufe,  and  other  Conveniences,  fit  and  neceflary  for  the  Reception, 
Infpeftion,  and  fafe-keeping  of  Tobacco,  at  the  Ferry,  on  the  Land  of  Capt.  John  Smith,  on  Neufe 
River  ;  and  the  fame,  when  fo  built  and  ereded,  Ihall,  and  is  hereby  declared  to  be  a  Public  Ware- 
houfe, for  the  Reception  and  Infpeftion  of  Tobacco. 

III,  AND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  the  Juftices  of  the  faid  County  of 
Johnfton  fliall,  from  Time  to  Time,  appoint  Infp'eaors  to  attend  the  faid  Infpeaion,  and  afcertain 
their  Salaries,  and  order  and  direft  how  the  faid  Infpedors  fhall  give  their  Attendance  at  the  faid 
Warehoufe ;  which  faid  Infpedors  fliall  be  under  the  fame  Regulations,  Rules,  and  Rellnftions,  and 
intitled  to  the  fame  Emoluments,  as  are  by  Law  appointed  for  Infpeftors  of  Tobacco  in  th:S  Province. 

IV,  AND  be  it  further  Enaaed,  by  the  Authority  aforefaid.  That  the  Juftices  of  the  faid  County 
fliall  and  may  levy  fuch  a  Poll-Tax  on  the  taxable  Perfons  within  the  faid  County,  as  ^^"  R^  "^'^  T 
fary  for  defraying  the  Expences  of  building  the  faid  Warehoufe,  and  other  Conveniences ;  which  ftiall 
be  colleaed  by  the  Sheriff  of  the  faid  County,  in  like  Manner  as  County  Taxes  are  collefted  a"a  ac- 
counted for,  to  the  Court.  CHAP. 


L  A  W  S    of    North-Carolina. 


467 


C  H  A  P.    XV. 

An  A5i  for  the  Relief  of  fuch  Perfons  ii-ho  have  or  may  fuffer  hythe  Lofs  of  the  Records 
in  Bladen  County^  and  for  the  Eleaion  of  Vefirymen  for  the  Parifb  of  St.  Martin'j. 


I.  "«T  THERE  AS  the  Houfe  of  Mr,  Maturin  Cchille,  Clerk  of  the  Court,,  and  Regifter  for  the 
Yy      County  oi  Bladen,    and  the  Records  of  the  faid  County,  were  lately  burnt  and  confumed  ; 
whereby  the  Eftates  of  many  Orphans,^  and  other  Perfons,  may  be  very  much  perplexed  and  prejudiced : 
For  Remedy  whereof, 

'  II.  BE  it  Enacted,  hf  the  Go'vernor,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame.  That 
from  and  after  the  paffing  of  this  Ad,  the  Copy  of  any  Judgment,  Older,  bettlenieut  of  Orphans  and 
their  Eltates,  or  other  Record,  or  other  Matter  or  Thin;,  tranfatted  or  done  in  the  faid  Court,  or 
Regifter's  Office,  in  the  County  of  Bladen,  attefted  under  the  Hand  of  the  Clerk  or  Regiller  who  re- 
corded the  fame  (in  fuch  Cafe  where  the  Oiiginal  is  dellroyed)  Ihall  and  may  be  given  in  Eviden':e  in 
any  Difpute  or  Controverfy,  in  any  Court  whatfoever,  and  Ihall  have  the  lame  Weight  and  Credit 
given  to  it  as  the  original  Record  might,  or  ought  to  have,  could  it  have  been  produced. 

III.  AND  he  it  further  Ena8ed,  by  the  Authority  aforefaid.  That  where  any  Perfons  have  neglefled 
taking  Co'pies  from  die  Cltrk's  Office,  qr  may  have  lolt  them,  or  have  neglected  taking  their  Deeds 
out  of  the  Rcgiller's  Office,  and  arc  utlirous  to  pe:  peiuate  the  Memory  of  fuch  Judgment,  Order,  Pro- 
bate of  any  Will,  Settlement  of  an  Orphan's  Eilate,  Deed,  Mortgage,  Bill  of  Sale,  or  any  other 
Matter  or  Thing  tranfaftud  atid  done  in  the  laid  County  Court  cr  Regiiter's  Office;  it  lliall  and  may 
be  lawful,  upon  the  DepoCcion  v-f  one  or  more  credi table  Perlon  or  Perlbns,  taken  in  Writing,  and 
fwcrn  to  in  open  C  .ut,  at  any  1  ime  wirhin  Tjiree  Years  after  the  palling  oi  rhis  Aft,  of  the  Contents 
orSubftance  of  fuch  Judgment,  Order,  Probate  of  a  Will,  Settlement  of  an  Orphan's  Ellaie,  Deed, 
Mortgage,  Bill  of  Sale,  or  othei  Jnll.uincnt  ot  Writing  whatfoever,  and  that  the  original  Record  was 
burnt  as  aforefaid  :  Which  Depofuipn  Ihall  be  recorded  in  the  ivlinutei  of  the  Court,  cercihed  by  the 
Clerk,  and  regiltered  in  tl.e  Regiiter's  Office,  in  the  faid  County  ;  for  which  Service  the  faid  Clerk 
or  Regifter  fliali  be  allowed  a  fufhcient  Reward,  at  theDifcretion  of  the  Jultices  of  the  County  Court; 
to  be  paid  out  of  the  County  Tax. 

IV.  A  N  D  be  it  further  Enaiied,  That  fuch  Record  fo  made,  Ihall  and  may,  at  all  Times  hereafter, 
be  pleaded  and  given  in  Evidence,  and  have  the  fame  Validity,  in  any  Caule  or  Court  whatfoever,  as 
the  Original  would  have,  could  it  have  been  produced. 

V.  AND  whereas,  for  Want  of  a  Sheriff  in  the  faid  County,  no  Eleftion  of  Vefirymen  was  made 
in  the  Parilh  of  St.  Martin's  on  Eafier  Monday  lall ;  Be  it  therefore  Enacted,  by  the  Authority  aforefaid. 
That  the  f  rechclders  ot  the  faid  Panlli  ihali,  and  are  hereby  directed,  to  meet  on  Eafier  Monday  next 
afier  the  pafTing  of  this  Aft,  at  the  Court-Houfe,  or  at  the  ufual  Place  of  elefting  Vtllrymen,  and  then 
and  there  choofe  and  elect  Twelve  Freeholders  to  ferve  as  Veftrymen  ;  which  Vellxymen,  alter  due 
Qualification,  fhail  be,  and  are  hereby  invclled.with  as  full  Power  and  Authority,  to  act  and  do  in  all 
Things,  as  any  Veftrymen  elected  or  chofen  in  Virtue  of  any  Act  of  AlTembly  of  this  Province. 


A.  D.    1770. 


Peamble. 


Copies  of  Re. 
Cf  rds,  &r  ti  be 
given  in  Evi. 
(itnce,  where  O. 
riginalc  are  loft. 


Where  Orip'nalj 
are  loft,  Dcpo- 
fitifns  of  Re- 
cords  to  be  good. 


Such  Records  to 
be  given  io  EvU 
dence. 


Veftrymen  to  be 
elcAcd. 


Preambles 


CommiflionerB 
appointed. 


CHAP.     XVI. 

An  A51  for  the  better  fettling,  regulating.,  and  improving  the  Town  <?/ Beaufort,  in  the 
County  «?/ Carteret ;  and  J  or  annexing  Ocacock  Ifland  to  the  faid  County. 

^'  ^WT  H  E  R  E  A  S  the  Laws  hitherto  made  for  regulating  the  Town  of  Beaufort,  have  been  found 
VV     inconvenient;  For  Remedy  whereof, 

n.  BE  it  EnaBed  bf  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  of  the  fame.  That 
from  and  after  the  paffir.g  of  this  Act,  William  Thompfnn,  William  Cole,  William  Robinfcn,  Jofeph  Bell, 
Jun.  and  John  Eajlcn,  Gentlemen,  fliall  be,  and  are  heri.by  appointed  Commifiibners  of  the  laid  Town  : 
And  in  Cafe  of  their,  or  any'of  them,  dying,  removing,  or  refufing  to  qualify  as  fuch,  it  fhall  and 
may  be  lawful  for  the  remainir^g  Part,  or  a  Majority  of  them,  by  and  with  the  Confent  and  Ap-  . 
probation  of  the  County  Court,  to  ncminate  and  appoint  another,  in  the  Room  of  fuch  dying  or  re- 
moving, or  refufing  to  qualify*:  And  that  the  faid  Commiflioners,  and  each  of  them,  Ihall,  before 
entering  upon  their  faid  Office,  take  the  following  Oath  : 

I   A.  'B.  dofwear,  that  I  ivill  execute' the  Office  of  a  Commifponer  for  the  Toivn  o/"Beaufort,  faithfully.     Their  Oath, 
impartially,  and  truly,   iviihout  Favour,   AJeclion,  or  Prejudice  ;  and  that  1  itiill,  to  the  mmofi  of  my 
Power,  in  all  Things,  act  for  the  good  of  the  faid  Town  and  the  well  governing  of  it,  to  the  befi  of  my  fkill 
and  Judgment.  SO  HELP  ME  GOD. 

Which  faid  Comfniflioners,  after  fo  fworn  and  qualified,  (hall  proceed  to  choofe  one  out  of  the  Num- 

ber,  to  be  a  Treafurer  of  the  faid  Town  ;  into  whofe  Hands  all  the  Monies  arifing  by  fhe  Sale  of  Lots     Tr^.afjfjj"'"' 

in  the  faid  Town,  or  otherwife  howfoever  arifing  or  becoming  due  to  the  faid  Town,  Ihall  be  paid  ; 

and  there  kept  till  difpofcd  of  as  herein  after  directed. 


m.  AND 


468 


LAWS    of    North-Carolina. 


A.  D.    ITJO'  ^J^"     ■'^NO  be  it  further  Enalled,    by  the    Authority  aforefaiJ,  That  the  faid  Treafurer,  before  he 

l_   irsf-  enters  upon  the  Execution  of  his  OHice,  (hall  give  Bond,  with  two  fufficient  Securities,  in  the  Sum  of 

Who  is  to  give  Two  Hundred  Pounds,  Procla.nation  Money,  to  the  Commiffioners  of  the  faid  Town,  and  their  Suc- 

Bjnd,  ceflbrs,  for  the  faithful  Difcharge  of  his  faid  Oftice. 


Town  Lots  vcft. 
cd  in  Conimiffio» 


And     Pttrchafers 
fecured    in   their 

Titles, 


ComtniflionetS  to 
grant  Lots,  on 
fayment  of  301. 


Loii  to  be  faved 
within  a  Yeats, 
or  l)e  granted  to 
other  I'erfuns. 


Bounds     of    the 
Town  alccrtajn- 


Treafurtr  to  ac- 
count with  the 
C'jonty  Court. 


IV.  AND  whereas  fundry  Difputes  may  hereafter  arife  concerning  the  Titles  of  Lots  in  the  faid 
Town  oi  Beaufort,  aiid  the  Bounds  thereof;  Be  it  EnaBed,  by  the  Authority  aforefaid.  That  the  Com- 
miffioners hereby  appointed,  and  their  Succeflbrs,  are  declared  to  have  a  good,  abfoiute,  and  indefea- 
fable  Eftate,  in  Fee,  in  the  Two  Hundred  Acres  of  Land  laid  dut  for  tiie  faid  Town  oi  Beau./ort,  in 
Trull  and  Confidence,  and  to  and  for  the  Ufes,  Intents  and  Prrpofes,  as  by  an  Act,  intituled,  An 
Ail  for  incorporating  the  Sea  Port  ^^Beaufort,  in  Carteret  Precinii,  into  a  To-uujhip,  by  the  Name  «/"  Beau- 
fort, or  fo  much  of  the  laid  Act  as  is  now  in  Force :  And  the  Commiffioners  by  thif  Act  appointed, 
are  hereby  declared  to  have  a  good,  abfoiute,  and  indefeafible  Eilate,  in  Fee,  in  all  fuch  Lots  within 
the  faid  Town,  which  have  not  been  diipofed  of  by  the  former  Proprietors  or  Commiffioners, 
and  built  upon  or  improved  agreeable  to  Law,  in  Trult  and  Confidence,  and  to  and  for  the  Ufes 
in  this  AH  mentioned  :  And  all  and  every  Pe.fon  and  Perfons  whatfoevcr,  who  have  heretofore  pur- 
chafed  and  paid  for  any  Lot  or  Lots  in  the  faid  Town,  and  have  fully  complied  with  the  Condi- 
tions of  their  Deed  or  Grant,  and  the  Law  for  building  and  improving  thereon,  or  who  may  hereaf- 
ter purchafe,  pay  for,  and  fully  comply  with  the  Law  for  building  and  improving  thereon,  are  hereby 
declared  to  be  invelted  with  a  good,  abfoiute,  and  indefeafible  Eftate,  in  Fee,  to  fuch  Perfon  or  Per- 
fons, and  to  his  and  their  Heirs  and  Affigns  foiever. 

V.  AND  whereas  the  Settlement  of  the  faid  Town  of  Beaufort  hath  been  much  retarded  by  Perfons 
taking  up  Lots  in  the  faid  Town,  and  not  building  thereon  as  required  by  Law  ;  Be  it  Enaiied,  by  tht 
Authority  aforefaid,  Th^t  the  Commiflioners  of  the  faid  Town  for  the  'J  ime  being,  or  any  of  them,  are 
liereby  authorized,  impowered,  directed,  and  required,  to  grant,  ccnvey,  and  acknowledge,  under 
the  Reflrictions  and  Limitations  herein  after  mentioned,  to  any  Perfon  requiring  the  fame,  and  to 
their  Heirs  and  Afligns  for  ever,  in  Fee- Simple,  any  Lot  or  Lots  of  Land  within  the  faid  Town,  not 
already  taken  up  and  built  on  agreeable  to  .the  Laws  heretofore  made  for  regulating  the  faid  Town  ;  or 
any  Lot  or  Lots  that  may  hereafter  be  liable  to  be  taken  up  for  Want  of  building  on  as  is  by  this  Act 
direcced,  he  or  they  paying  Thirty  Shillings,  Proclamation  Money,  for  the  P+ii chafe  ;  Twenty  Shil- 
lings of  which  fhall  be  paid  to  the  Proprietor  of  the  faid  Land,  and  Ten  Shillings  to  the  Churchwar- 
dens of  the  Parifh  of  St.  Johti's,  for  and  towards  building  a  Church  in  the  faid  Town. 

VI.  PR'OFIV ED  neverthelefs.  That  where  any  Perfon  or  Perfons  fhall  hereafter  take  up  any 
I,ct  or  Lots  in  the  faid  Town,  and  fhall  not  build  thereon,  or  caufe  to  be  built, -within  Two  Years 
from  the  Date  of  their  Conveyance,  a  good  habitable  Brick,  Stone,  or  framed  Houfe,  with  a  Brick 
or  Stone  Chimney  thereon,  not  of  iefs  Dimenfions  than  Twenty  Feet  long.  Fifteen  Feet  in  Width, 
and  Eight  Feet  in  Height,  between  the  firfl  Floor  and  the  Joifts,  in  Proportion  for  each  and  every  Lot 
and  Lots,  or  make  fuch  Preparations  for  fo  doing,  as  the  Commiffioners,  or  a  Majority  of  them,  fbali 
^udge  reafonable  to  fecure  the  fame  (except  where  the  Title  of  fucKLot  or  Lots,  before  the  Expiratitm 
of  the  Time  for  building  thereon,  fhall  fall  to  a  Minor  or  Minors)  every  fuch  Conveyance  fhall,  and 
is  hereby  declared  null  and  void,  and  of  no  Efi'ed,  ihfomuch  as  if  the  fame  had  never  been  made  j 
and  the  fame  Lot  or  Lots  fhall  be  free  and  clear  for  any  other  Perfon  to  take  and  purchafe^  in  Manner 
and  Form  aforefaid  ;  and  all  Monies  aiifing  by  the  fecond  or  other  Sale  of  the  faid  Lots  fhall  be,  and 
is  hereby  appropriated  and  appiii-d  for  the  building  of  a  Church  in  the  faid  Town. 

VII.  AND  whereas  the  Plan  formerly  taken  of  the  faid  Town  hath  been  found  inacurate,  irre- 
gular, and  confined  ;  Be  it  Enui^ied,  by  the  Authority  aforefaid.  That  the  Plan  produced  at  the  Time  of 
paffing  this  Ad,  containing  the  following  Courfes,  to  ivit.  Beginning  at  a  Cedar  Poll  in  Pollock 
Street,  and  running  along  the  Water,  North  FiiFcy-eighit  Degrees  Well,  agreeable  to  that  Part  of  the  Plan 
called  the  Old  Town,  and  beginning  at  the  Cedar  Poll,  and  running  South  fifty  eight  Degrees  Eafl, 
agreeable  to  that  Part  cf  the  Plan  called  the  New  Town,  fhall  be  and  remain  as  the  proper  Plan  of  the 
faid  Town,  and  lodged  in  the  Regilters  Office  for  the  faid  County  oi  Carteret,  where  Perfons  at  any 
Time  may  have  Recourfe  to  the  fame  :  And  for  defraying  the  Expence  attending  the  procuring,  taking 
and  rnn'nig  out  the  faid  Town,  Town  Lands,  and  Plan  fb  as  aforefaid,  the  Commiffioners  fhall  and 
may  order  the  Treafurer  of  the  faid  Town,  out  of  the  Monies  he  fhall  have  in  his  Hands,  to  pay  fuch 
Sum  or  Sums  as  they  may  thitik  reafonable,  to  the  Parties  who  attended  taking  the  fame  :  And  the 
faid  Commiffioners  are  hereby  impowered  to  account  with^  take  and  receive,  for  the  Ufe  of  the  faid 
Town,  all  fuch  Sum  or  Sums  of  Money  that  now  are  in  the  Hands  of  any  former  Commiffioner  or 
Commiifioner'si  Treafurer,  or  other  Perfon  whatfoevcr,  either  for  the  Sale  of  Lots,  or  otherwife,  and 
finally  to  adjuft  and  fettle  the  fame  :  And  that  from  and  after  the  paffing  this  Aft,  the  Treafurer  for 
the  Time  being  fhall,  and  is  hereby  required.  Annually,  to  Account  with  the  Inferior  Court  of  Pleas 
and  Quarter  Seflions  for  the  faid  County,  for  all  fuch  Sums  of  Money  as  he  fhall,  for  the  Sale  of  Lots, 
have  received ;  which  Money  fhall  be  applied  in  the  following  Manner  ;  that  is  to  fay,  Twenty  Shil- 
lings for  tach  ahd  every  Let,  to  the  Ufe  of  the  Propretor,  his  Heirs  and  Afligns  ;  I'en  Shillings  for 
and  towards  building  a  Church  in  the  faid  Town  ;  and  the  remaining  Monies  accruing  by  Means  of 
this  Acl,  after  defraying  the  contingent  Charges  of  faid  Town,  fuch  as  the  faid  Commiffioners,  or  the 
m^jof  Part  of  them,  fhall  think  reafonable,  fhall,  in  like  Manner,  bie  applied  tov^ards  building  a 
Church,  and  keeping  the  faitie  in  repair  as  a  forefaid. 


VIII. 


found  to  be  a 


Ho      ot  to  run  '  ^"'     AND  whereas  the  allowing  of  Hogs  to  run  at  large  in  the  faid  Town, 

itfargeinTowo.    great  Nufance  to  the  Inhabitants   thereof;  Be  ft  EnaiJed  by  the  Authority  aforefaid.  That  none  of  the 
inhabitants  of  the  faid  Town  fhall,  on  any  Pretence  w'haifoever,  fufFer  any  Hogs  to  run  at  large  within 

the 


LAWS    of    North-Carolina. 


469 


the  Bounds  of  the  faid  Town  ;    and  any  Hog  or  Hogs  fo  running  at  large  as  afoiefaid,  fliall  be  for-    A.  D.    1770- 
feited  ;  one  Half  to  the  Perfon  who  ftiall  feize  or  kill  the  fame,  and  the  other  Half  10  the  Churchwar-      t_    -^—     j 
dens  of  St.  John's  Parilh,  for  the  Ufe  of  the  faid  Parifh. 

IX.     A N D  be  it  furth'er  Enaiied,  hy  the  Authority  afore/aid.  That  the  Commiflioners,  or  a  Majority    Male  taxables  to 
of  them,  fliall  appoint  an  Overfeer  every  firft  Tuefday  in  "January,    annually,    for  the  faid  Town  j     work     on     the 
whifh  Overfeer  ihall  fummons  all  male  Taxables,  Inhabitants  thereof,  to  clear,  repair,  and  keep  in    Streets, 
Order,  the  Streets,-  Lanes,  and  Paflages  belonging  to  the  faid  Town  :  And  any  Perfon  refufing  or  neg- 
leifling  to  work  on  fuch  Summons,  or  to  furnilh  a  good  and  fuflicient  Hand  or  Hands  in  his  or  their 
Place,  with  proper  Tools   to  work  with,  (hall  forfeit  and  pay  Two  Shillings  and  Eight-pence,  Pro- 
clamation Money,   per  Day,  for  exzry  Day  he  or  they  fliall  fo  refufe  or  negleCl ;   to   be  recovered   ii 
the  fame  Manner  as  the  Fines  and  Forfeitures  are  to  be  recovered  by  Overfeers  of  the  Roads ;  and  tne 
Monies  fo  recovered,  fliall  be  applied  towards  hiring  Labourers  to  clear  and  repair  the  Streets,  Lanes, 
and  PafTages,  or  any  other  public  Work  to  be  done  in  the  faid  Town :   And  every  Overfeer  appointed 
as  aforefaid,  refufing  or  negletling   to  ferve  as  Overfeer  of  the  faid  Town,  fliall  forfeit  and  pay,  for 
every  Day  he  fo  refufes  or  neglecls.  Ten  Shillings,  Proclamation  Money ;  to  be  recovered  and  applied 
as  above. 


X.  A N  D  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  every  Perfon  exempted  by  Law 
from  working  on  public  Reads,  fliall  not  be  thenifelves  compelled  to  wotrc  on  the  Streets,  Lanes,  or 
PafTages,  in  the  faid  Town;  and  that  the  Inhabitants  of  the  faid  Town  (hall  be  exempted,  and  for 
ever  hereafter  excufed  from  working  on  County  Public  Roads,  during  the  Time  they  (hall  live  in  the 
faid  Town,  and  no  longer. 

XL  A  ND  he  it  further  Enaiied,  by  the  Authority  aforefaid.  That  if  any  Tavern  Keeper,  Ordinary 
Keeper,  or  Retailer  of  Liquors,  or  Keepers  of  Public  Houfes  in  the  faid  Town,  (hall  fufter  any  Perfon 
or  Pcrfons  whatfoever,  to  lit  tippling  or  drinking  in  his,  her,  or  their  Houfe,  in  the  Time  of  Divine 
Service,  on  the  Sabbath  Day  ;  or  ihall  fuHer  any  Perfon  or  Perfons  to  get  drunk  in  his,  her,  or  their 
Houfe,  foch  Perlbn  or  Perfons  fo  oifending,  (hall  forfeit  and  pay  Twenty  SiiillingS,  Proclamation 
Money,  for  every  fuch  Offence  ;  to  be  recovered  by  a  Warrant,  under  the  Hand  and  Seal  of  any  Juf- 
tice  of  the  Peace  for  the  (aid  County  oi  Carteret,  and  be  paid  into  the  Hands  of  the  Treafurer  of  the 
faid  Town. 

XIL  AND  be  it  further  Enalled,  hy  the  Authority  aforefaid.  That  wherever  any  Perfon  or  Per- 
fons (hall  be  found  quarrelling  or  fighting  within  the  faid  Town  or  Townfhip  of  Beaufort,  in  View  of 
any  of  his  Majefty's  Jullices  of  the  Peace,  or  fhall  be  conviAed  thereof,  by  the  Oath  of  one  credible 
Witnefs,  (hall  forfeit  and  pay,  for  every  fuch  Offence,  the  Sum  of  Twenty  Shillings,  Proclamation 
Money;  and  in  Default  of  fuch  Payment,  (hall  luffer  Twenty  Four  Hours  Imprifonment,  in  the  com- 
nion  Gaol,  or  be  put  into  the  Stocks  for  the  Space  of  two  Hours,  or  longer,  as  the  Diretlion  of  the 
Jaftices  fliall  feem  meet :  Provided  the  Information  be  made  within  twenty-four  Hours  after  fuch  Of- 
fence fliall  be  committed. 


Perfons    exempt- 
ed. 


Pen.  on  Tavcrn- 
keep'rs  fuffering 
tippling  in  th-'r 
Hiiiifes  on  Si  n- 


Pen.    en  Peiff  n 

fighting  in  Tuwi. 


Orders 
Ti,wn. 


for     the 


XIII.  AND  for  the  better  regulating  the  Town  oi  Beaufort,  Be  it  EnaBcd,  by  the  Authority  afore-     CommiflionTs  to 
faid.  That  the  faid  Ccmmifiloners,  or  a  Majority  of  them,  Ihail  have  full  Power,  and  lawful  Autho-     mske  Rules  and 
rity,  to  pafs  fuch  neceflary  Rules  and  Orders,  as  to  them  fhall  feem  meet,  for  removing  all  Nufances 
within   the  Bounds  of  the  faid  Town  ;    for  Perfons  to  remove  Dirt  and  Rubbjfh  from  before  their 
Doort;    to  grub  and  clear  their  Lots ;    for  pulling  down  all  wooden  Chimnies  already  built  in  faid 

Towfi,  and  prevent  the  building  therecf  for  the  future,  in  order  to  prevent  Dangers  by  Fire,  provided 
that  Six  Months  Notice  be  given  to  the  0\»ntrs  of  fuch  Chimnies  as  are  already  built,  to  pull  down 
the  fame  ;  and  for  all  other  Things  as  may  tend  to  the  Advantage  of  the  faid  Town,  fo  as  the  lame 
be  not  repugnant,   but  as  near  as  may  be  agreeable,  to  the  Laws  oi  England  2.T\i.  this  Province. 

XIV.  AND  be  it  further  Enabled,    by  the  Authority  aforefaid.    That  all   Fines  and  Forfeitures  in  Fines  and  Forfei- 
this  Aft  mentioned,    the  Recovery  of  which  is  not  otherwile  directed,  ihall  be  by  a  Warrant,  under  t""   how    rcco- 
the  Hands  and  Seals'  of  the  Commiflioners,  or  a  Majority  of  them,  diredled  to  any  fworn  Officer  of  '^""J"''  ''"''  "P* 
the  County  of  Ca  r^r^r,    to  convene  fuch  Delinquent  or  Delinquents  before  them,  at  a  certain  Day  '""'  ' 
menticred  in  the  faid  Warrant ;    and,    on  CcnviiTtion,    to  give  Judgment,    and  award  Execution  for 

fuch  Ofhcer  to  levy  the  faid  Fine  or  Forfeiture,  by  Diftrefs  and  Sale  of  the  Offender's  Goods  and 
Chattels  :  Which  (aid  Fines  and  Forfeitures  fuch  Ofiicer  fliall  pay  into  the  Hands  of  the  Treafurer  of 
the  laid  Town,  as  Part  of  the  common  Stock,  and  be  applied  as  in  this  Ail  before  diretted. 


XV.  AND  for  the  further  Encouragement  of  the  faid  Town  of  Beaufort,  Be  it  Enafted,  hy  the 
Authority  aforefaid.  That  the  Regi Iter,  Clerk,  and  Sheriff,  of  the  faid  County  of  Car/^r^r,  (hall,  and 
are  hereby  direded  and  required,  to  keep  their  refpeftive  Offices  in  the  faid  Town  ;  on  Penalty  of  Ten 
Shilling;:,  Proclamation  Money,  for  every  Week  they  fhall  negleit  the  fame;  to  be  recovered  before 
any  JulUce  of  the  faid  County  of  Carteret,  by  any  Perfon  who  (hall  fue  for  the  fame  :  And  all  Elefti- 
ons.  General  Murters,  and  other  Public  Bufinefs  of  the  like  Nature,  belonging  or  appertaining  to  the 
County  of  Carteret,  fhall  be  held  and  done  in  the  faid  Town,  and  at  no  other  Place  whatlbever. 

XVI.  P  ROy  ID  ED  always.  That  nothing  herein  contained  fliall  be  conftrued,  deemed,  or 
taken,  to  fubjed  the  Clerk,  Sheriff^,  or  Rcgifter,  to  the  Penalties  before  infliftcd,  in  Cafe  it  (hall  be 
adjudged  neceffary  for  the  Records  of  the  refpetlive  Offices  to  be  removed,  by  Order  of  the  Inferior 
Court  of  Carteret. 


Public  Bufinefs 
to  be  done  ia 
Tuwn, 


Provifo  whers 
the  Records  »ic 
removed. 


Ppp 


XVn.  AND 


47° 


LAWS    of    North- Carolina. 


Jl.  D.    1770.         XVII.     A  N  D  that  due  Regard  may  be  paid  to  the  Orders  that  may  be  made  or  given  by  the  Com- 

V^««-v — — '      miffioners  of  the  faid  Town  of  Beaufort,  Be  it  EnaP.ed,  by  the  Authority  a/orefaid.  That  the  Commifli- 

Commiffioners    oners  of  the  faid  Town  for  the  Time  being,  or  a  Majority  of  them,  fhall  have  full  Power  and  Autho- 

Powcr  to  infoice    j.jjy  j^  j^y  ^^^.j^  ping  qi,  any  Perfon  or  Perfons  that  fliali  refufe  or  negleft  to  obey  any  of  the  Rules  and 

their  Orders,  Orders  that  fhall  be  paffed  by  the  faid  Commiffioners,  or  a  Majority  of  them,,  for  the  better  regulating 

the  faid  Town,   as  they  fhall  think  fit,    not  exceeding  Ten  Shillings,  Proclamation  Money  ;    and  on 

Refufal  or  Negleft  to  pay  the  fame  immediately,  to  ifTue  their  Warrant,  to  any  fworn  Officer,  to  levy 

the  fame,  by  Diftrefs  and  Sale  of  the  Offender's  Goods  and  Chattels ;  the  like  Proceedings  being  firlt 

liad,  as  before  direded  for  the  Commiffioners  to  obferve  in  the  Recovery  of  Fines  impofed  by  this  Aft. 


Hatteus  Banks  XVIII.  A  NP  whereas  Part  of  fl«//<'rflj  Banks,  adjoining  the  Bounds  of  CamV«<ri  County,  from 
added  to  Cartciet  the  Place  where //ii//^rrt/ Inlet  formerly  was,  and  extending  Weftward  to  Occacocklx\\ei,  is  not  in- 
fluunty.  eluded  in  any  County  within  this  Province  ;  by  which  Means  the  Inhabitants  thereof  are  not  liable  to 

pay  any  Taxes,  or  perform  any  public  Duties  whatfoever  :  For  Remedy  whereof.  Be  it  Enabled,  by  tbe 
Authority  afoiefaid,  That  from  and  after  the  pafTing  of  this  Aft,  all  that  Part  of  the  faid  Banks  from 
the  Low  Beach,  which  runs  acrofs  the  fame  to  the  Sea  Side,  and  where  Hatteras  Inlet  formerly  was, 
extending  Weftward  to  Accomack  Inlet,  fhall  be  for  ever  hereafter  annexed  to  the  County  of  Carteret, 
and  fhall  be  held,  taken,  and  deemed  as  Part  of  the  fame;  and  the  Inhabitants  thereof  fhall  be  liable 
and  fubjeft  to  the  fame  Duties,  Taxes,  and  Impofuions,  and  intitled  to  the  fame  Privileges,  Benefits, 
and  Advantages,  as  the  other  Inhabitants  of  the  faid  County  of  Carteret. 

Repealing  Claufe.  XIX.  J  N  D  be  it  further  EnaBed,  by  the  /Authority  aforefaid.  That  s\\  zxi^  t\ery  Other  A&.  zt^i 
Afts,  Claufe  and  Claufes,  Article  Und  Articles  thereof,  heretofore  made,  or  fo  much  thereof  as  relates 
to  any  Matter  or  Thing  within  the  Purview  of  this  Aft,  are  hereby  repealed  and  made  void,  and  of 
no  EfFeft. 


Preamble. 


6"unds  of  the 
Town  afcettain- 
ed. 


Public  Bufinf-fs 
to  be  done  in  the 
Town. 


SherifiT,  &c.  to 
keep  their  Officei 
there. 


Commiffioners 
for  the  Town  ap- 
pointed. 


Male  Taxables  to 
work  on  the 
Streets. 


CHAP.     XVI. 

An  Act  for  the  Regulation  of  the  Town  of  SsXiih^xy,  fecuring  the  Inhabitants  in  their 
Pofjejfions^  and  to  encourage  th(  Settlement  of  the  faid  Town. 

I.  T  T  r  H  E  R  E  A  S  the  erefting  and  eflablifhing  the  Town  of  Salijbury  hath  been  found  highly  be- 
YV     neficial  and  convenient  to  the  Inhabitants  of  the  Wellern  Parts  of  this  Province,  and  the 
fame  being  a  healthy  pleafant  Situation,  well  watered,  and  convenient  for  inland  Trade ; 

II.  B  E  it  EnaSled  by  the  Governor,  Council,  and  A£embly,  and  by  the  Authority  of  the  fame.  That 
the  Town  aforefaid  called  Salifhury,  and  the  Common  belonging  to  the  faid  Town,  lying  on  each  Side 
of  the  Weftern  Great  Road,  leading  through  the  Frontiers  of  this  Province,  fhall  be  bounded  and  cir- 
cumfcribed  as  by  a  Plan  annexed  to  a  Deed  of  Conveyance  granted  by  the  Agents  of  the  Right  Ho- 
nourable John  Earl  Gran'vil'e,  to  William  Churton  and  Richard  Viggcrs,  and  by  them  conveyed  to 
James  Carter  and  Hugh  Fc/ier,  as  Truftees,  for  the  Ufe  of  the  Juftices  for  the  County  of  Ro^van,  and 
other  Purpofes  in  the  faid  Deed  expreffed,  containing  Six  Hundred  and  Thirty  Five  Acres  of  Land, 
duly  recorded  and  regiftered  in  the  County  oi  Rowan  aforefaid  j  which  Plan  fhall  be,  for  ever  hereaf- 
ter, the  true  and  exaft  Plan  and  Boundaries  of  the  faid  Town. 

III.  A  N  D  be  it  further  Enaded  by  the  Authority  aforefaid.  That  after  the  pafling  of  this  Aft,  the 
Superior  Courts  of  Juftice,  to  be  held  for  the  Diilrift  oi  Salijbury,  and  County  Courts,  the  Eleftion  of 
Reprefentatives  to  be  fent  to  the  General  AfTembly  for  the  Borough  of  Salipury,  and  County  oi  Rowan,' 
the  Eleftion  of  V'^eflrymen  for  the  Parifh  of  St.  Luke,  and  all  other  Public  Eleftions  for  the  faid  Bo- 
rough or  County,  fhall  be  made  and  held  in  the  I'own  of  Salijbury,  and  at  no  other  Place ;  any  Law, 
Ufage  or  Cuflom  to  the  contrary  notwithllanding. 

IV.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid,  That  the  Sheriff  of  the  County  of 
Roivan,  the  Clerk  of  the  Court  for  the  faid  County,  and  the  Regifter  of  the  faid  County  for  the  Time 
being  fhall  hold  and  keep  their  refpeftive  Offices  in  the  faid  Town  of  Salijlury. 

V.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  Mr.  William  Steel,  Mr.  John  Dunn^ 
Mr.  Maxivell  Chambers,  Mr.  John  Lewis  Beard,  Mr.  Thomas  Frchock,  Mr.  William  Temple  Coles,  Mr. 
Mattbenu  Froy,  Mr.  Peter  Rep,  Mr.  James  Ker,  A4r.  Alexander  Martin,  and  Mr.  Daniel  Little,  be,  and 
are  hereby  appointed  Commiffioners  of  the  f^iid  Town;  and  they  or  a  Majority  of  them,  fhall  have 
the  fame  Power  and  Authority,  as  the  Commiifioners  to  be  chofen  by  this  Aft  fhall  or  may  have,  and 
be  fubjeft  to  the  fame  Penalties. 

VI.  jj  N  D  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  the  Commiffioners,  or  the  Majow 
rity  of  them,  are  hereby  direfted  to  ifiue  their  Warrant,  at  fuch  Times  as  to  them  fhall  kem  meet,  to 
the  Overfeers  of  thg  Roads  and  Streets  within  the  faid  Town,  and  the  Town  Common,  to  warn  all' 
Male  taxables  within  the  Borough  of  Salifhury  aforefaid,  and  the  Liberties  granted  the  faid  Borough  by 
Charter,  to  clear,  repair,  and  pave  the  Streets  :  And  any  Perfon  neglefting  or  refuiing  to  work  as  di- 
refted in  the  faid  Warrant,  or  to  furnifh  a  good  and  fufficient  Hand  in  his  or  their  Place  with  proper 
Tools,  fhall  forfeit  and  pay  Two  Shillings  and  Eight- pence.  Proclamation  Money,  per  Day,  for  every 
Day  he  Ihall  fo  refufe  or  negleft  :  And  if  any  Perfon  fo  appointed  Overfeer,  fhall  refufe  or  negleft  to. 
ferve  as  fuch,  he  or  they  fliall  forfeit  and  pay  Forty  Shillings  Proclamation  Money,  per  Ddy,  for  every 

Da/ 


LAWS    of    North-Carolina. 


471 


Day  he  (hall  fo  refafe  or  negleft  ;  to  be  recovered  by  Warrant  from  under  the  Hands  and  Seals  of  the     A.  D.    1770. 
Commiflioners,  or  a  Majority  of  them,  wherein  (hall  be  no  Appeal  granted  j  and  the  Monies  fo  reco- 
vered, (hall  be  applied  towards  clearing  and  repairing  the  Steets,  or  any  other  public  Work  in  the 
faid  Town. 


VII.  AN D  ie  it  further  EnaSled,  by  the  Authority  aforefaid.  That  the  Commi(noners,  or  the  Ma- 
jority of  them,  (hall  determine  all  Complaints  of  Nufances  lying  upon  the  Streets,  Dangers  of  Fire 
arifing  from  wooden  Chimnies,  or  any  fuch  hazardous  Buildings,  and  pafs  Orders  for  the  Removal  of 
Aich  Nufances,  and  other  Matters  that  (hall  or  may  incommode,  hinder  or  interrupt,  a  free  Paflage 
thro'  any  of  the  Streets  of  the  faid  Town,  either  for  Carriages,  Horfe  or  Footmen  :  And  that  no  Per- 
fon  (hall  lay  down,  or  place  any  Filth,  Straw  or  Rubbilh,  inany  of  the  faid  Streets,  except  Scantling, 
or  Stone,  Brick,  or  Materials  lor  building,  which  fhall  or  may  b6  intended  immediately  for  Ule  ; 
and  in  fuch  Cafe,  fuch  Materials  to  be  placed  as  near  as  reafonably  may  be  to  the  Foundation  of  luch 
intended  building  ;  on  Penalty  of  foifeiting  Ten  Shillings  Proclamation  Money,  for  each  and  every 
Offence ;  to  be  recovered  and  applied-iii  Alaancr  ai'jid'aid. 

VIII.  AN  D  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  the  Owner  or  Owners,  or  Pof- 
felTor  of  any  Lot  or  L^Jts  or  Paa  of  a  Lot  within  the  original  Plan  of  the  faid  Town,  and  adjoining 
the  two  Main  Streets  called  Ctrbin  Street,  and  Innis  Street,  and  the  two  other  Streets  running  parallel 
with  the  aibrefaid  two  Main  Streets,  (hall  grub,  clear,  open,  and  indole  with  Rails  or  Polls,  and  rail 
Fence  fuch  thtir  refpedive  Lots,  at  their  own  Colts  and  Charges,  within  Twelve  Months  after  the 
palling  of  this  A(ft,  and  Ihall  keep  the  fame  clean  and  open  ;  on  Penalty  of  Ten  Shillings  Pioclama- 
tion  Money,  for  each  and  every  OiFence.  And  that  no  Perfon  (hall  build  or  ered  any  Piazza,  Porch, 
or  Balcony,  fronting  or  adjoining  tlie  Streets  of  the  f:iid  Town,  exceeding  Six  P'eet  in  Width,  from 
the  Houfe  to  which  fuch  Piazza,  Porch,  or  Balcony  adjoins ;  on  Penalty  of  Five  Pounds  Proclama- 
tion Money,  (or  each  and  every  Offence;  to  be  recovered  by  Action  of  Debt,  in  the  Inferior  Court 
of  Pleas  and  Quarter  Seffions,  to  be  held  for  the  faid  County,  by  any  PeilLn  who  (hall  fue  for  the 
fame.  Provided  fuch  Profecution  be  commenced  within  two  Years  after  the  committing  fuch  Offence; 
to  be  applied  as  aforefaid. 

IX.  A ^ D  be  itfu'ther  EnaJisd,  by  the  Authority  aforefaid,  That  no  Inhabitants  of  the  faid  Town 
fhall,  on  any  Pretence  whatfbever,  keep  any  ffog  or  Hogs,  Shoat  or  Pigs,  running  at  large  within  the 
Bounds  of  the  laid  Town,  on  Penalty  of"  forfeiting  fuch  Hog  or  Hogs,  Shoat  or  Pig,  and  paying  the 
Sum  of  Tvventy  Sfiillings,  Proclamation  Money,  to  the  Party  aggrieved;  and  further,  taat  it  (hall 
and  may  be  lawful  for  any  Perfon  whatever,  after  the  Tench  Day  oi  March  next,  to  (hoot,  kill,  or 
otherwife  deltroy  fuch  Hog  or  Hogs,  Shoat  or  Pig,  fo  running  at  large  within  the  faid  Town. 

X.  A  N  D  to  prevent  Dangers  arifing  by  Fire,  Be  it  EnaSed,  by  the  Authority  aforefaid.  That 
each  and  every  Houfeholder  within  the  faid  Town  of  Salijlury,  Ihall  procure,  or  cauie  to  be  procur- 
ed, two  fufiicienc  Leather  Buckets,  and  a  Ladder,  and  keep  the  fame  in  continual  Readinefs  againd 
any  Alarm  that  may  be  given^  occafioned  by  the  breaking  out  of  Fire  at  any  Time  in  the  faid  Town ; 
on  Penalty  of  paying  Twenty  Shillings  Proclamation  Money. 

XI.  AND  wherreas  the  too  frequent  Cuftom  of  immoderate  riding  of  Horfes,  and  driving  of 
empty  Waggons  and  Carts  in  and  through  the  faid  Town,  is  found  to  have  a  very  dangerous  Tenden- 
cy :  To  prevent  whicn,  Be  it  EnaiSed,  by  the  Authority  aforefaid.  That  no  Perlbu  or  Perfbns,  from  and 
after  the  paifing  of  tiiis  Adl,  on  any  Pretence  whatever  (hall  immoderately  ride  or  llrain  any  Horfe 
or  Mare,  or  drive  any  empty  Waggon  or  Cart  in  ot-  through  the  (aid  Town  or  any  of  the  Streets  there- 
of;  on  Penalty  of  forfeiting  and  paying  the  Sum  of  Five  Shillings  Proclamation  Money,  for  each  and 
every  Offence  ;  to  be  recovered  by  Warrant,  from  under  the  Hand  and  Seal  of  any  julHce  of  the  Peace 
of  the  faid  County. 

XII.  AND  for  the  better  and  more  elFeiSuif  fecuring  the  Titles  of  the  feveral  Lots  in  the  faid 
Town  in  the  Po(rc(rors  thereof;  Be  it  Enacled,  by  the  Authority  ajorefaid.  That  all  Titles  heretofore 
made  to  any  Lot  or  Lots,  or  to  any  Part  of  a  Lot  (except  one  Lot. in  the  faid  Town,  heretofore 
received,  and  known  by  the  Name  of  the  Burying  Ground,)  by  Jama  Carter  and  Hugh  Fojier,  Tru(- 
tees  aforefaid,  to  any  Perfon  or  Pcrlbns,  the  fame  being  duly  regiftered  ;  and  all  Titles  made  by  the 
faid /f-v§-/6 /"i^^r  fince  the  Death  of  the  fiid  James  Carter,  and  regiltered  as  aforefaid,  fhall  and  is 
hereby  ueclared  to  be  good  and  valid  in  Law,  to  any  fuch  Purchafer  or  Purchafers,  their  Heirs  and 
AHigns :  Any  Law,  Uiage,  or  Cudom  to  the  contrary,  notwithlianding. 

Xni.  '•AND  whereas  the  Titles  to  feveral  Lots  lying  and  being  in  the  Town  Salifiury,  have, 
by  Rcafon  of  the  Deeds  not  being  duly  regiltered,  and  other  Circum (lances,  been  brought  into  Dif- 
pute  ;  Be  it  therefore  Enaded  by  the  Authority  aforefaid.  That  all  Deeds  of  Lots  of  Land,  lying  and  be- 
ing in  the  faid  Town  ol  Salifbury,  which  fhall  be  regiflcred  within  Two  Years  from  the  palling  of  this 
Ad,  fliall  be  good  and  fufficient  in  Lnv  for  fo  much  as  they  were  intended  to  convey  ;  and  fhall  have 
every  EfFed  that  they  could  have  had  if  they  had  been  regillered  within  the  Time  by  any  Act  of  Af- 
fembly  direded  for  the  faving  of  the  faid  Lots  to  the  Proprietors. 

XIV.  AND  be  it  EnaBed,  by  the  Authority  aforefaid.  That  no  VoKtSxan,  except  under  Deeds 
from  the  Commiflioners  of  the  faid  Town,  (hall  operate  to  give  a  Title  to  any  Perlbns  who  have  oc- 
cupied or  improved,  or  who  now  occupy  and  improve  fuch  Lots,  againft  any  Perfons  who  have,  bona 
fide,  received  and  taken  Deeds  from  the  Commidioners  of  tlie  faid  Town  for  the  fame. 

XV.  AND 


Nufances  to  be 
removed  from 
the  Streets. 


Streets    to    be 
eared  and  tailed 


Piazzas  not  to 
exceed  fi]c  Feet 
m  Width. 


Hogs  not  to  run 
at  large  in  Town, 


Hnufekfepers  to 
be  provided  with 
Leather  BucketSt 


Immoderate  rid- 
ing of  Hotfes, 
or  driving  Wag- 
gons, ihro'  the 
Town,  prevent- 
ed. 


Titles  of  Lots  de- 
clared  good. 


Deeds    for     Lots 

reiiiftercd  within 
2  Years,  deemed 
good. 


No  PoilVm  >n  but 
under  D.'eds,  to 
give  a  Title, 


472 


LAWS    of    North-Carolina. 


A.  D. 


1770. 


Burying    Ground 
ic/erved. 


Lots  to  be   faved 
■within   3   Ytars, 


Number  of  Com- 
mifliuner*  kept 
up. 


Their  Oath. 


Free  acrcfs  to 
the  Springs  in 
Town. 


And  to  the  Wood 
growing  on  the 
Common. 


Mai  ket  Place  re- 
f^rved  • 


Fitiet    and    for- 
feitures how  re- 

cuvcicd. 


XV.  AND  heitJurtherEnaBed,  by  the  Authority  af or ef aid.  That  the  aforefaid  Lot,  teferved  and 
known  by  the  Name  of  the  Burying  Ground,  be  for  ever  hereafter  referved  for  that  Ufe  only  j  and 
the  Title  thereof  veiled  in  the  Commiffioners  of  the  faid  Town,  for  the  Time  being,  for  the  Ufcs  and 
Purpofes  aforefaid. 

XVI.  Al^D  hi  it  further  Enabled,  hj  the  Authority  aforefaid.  That  each  and  every  Poffeflbr  of 
any  Lot  or  Lots,  or  Fart  of  a  Lot,  within  the  original  Plan  or  Map  of  the  faid  Town,  and  adjoining 
either  Side  of  the  two  Streets  called  Corbin  and  Innis  Street,  who  (hall  not,  within  the  Term  of  Three 
Years  after  the  paffing  of  this  Aft,  ereifl  and  build,  or  caufe  to  be  erefted  and  builc,  aHoufcofthe 
Dimenfions  of  Twenty-four  Feet  by  Sixteen  in  the  Clear,  of  Brick,  Stone,  Frame,  or  hewed  Logs,  with 
either  a  good  Brick  or  Stone  Chimney,  fhall  forfeit. the  faid  Lot  or  I,ots,  or  Part  of  a  Lot:  And  that 
every  Pofieffor  of  any  Lot  or  Lots  adjoining  the  two  Streets,  running  parrallel  with  the  faid  Streets 
called  Corbin  and  Innis  Street,  and  within  the  faid  Plan,  who  fhall  fail  to  build  and  eredl;  a  Houfe  of 
the  Dimenfions  aforefaid,  with  fuch  Chimney,  within  the  Space  of  Four  Years,  fhall  like  wife  forfeit 
fuch  Lot  or  Lots ;  and  the  Commiffioners  aloiefaid  Ihall,  andtaftre  hereby  impowered  and  authorized, 
to  enter  upon  and  feize  fuch  forfeited  Lot  or  Lots,  or  Part  ofTuch  Lot,  and  to  fell  the  fame  to  any 
other  Perfon  who  fhall  purchafe  the  fame:  And  the  faid  Commiflioners,  or  the  Majority  of  them,  are 
hereby  invelled  with  full  Power  and  Authority  to  convey  the  fame  to  fome  Purchafer;  which  Sale  fhall 
be  good  and  valid  in  Law  to  fuch  Purchafer,  his  Heirs  and  AfTigns,  for  ever.  Provided  airways.  That 
nothing  herein  contained  fhall  be  conihued,  deemed,  or  taken,  to  afFeft  or  invalidate  the  Claim  or 
Title  of  any  Infant  or  Feme  Covert. 

XVII.  AND  be  it  further  Etta£led,  by  the  Authority  aforefaid.  That  in  Cafe  of  the  Death  or  Re- 
moval of  any  of  the  CoriimifTioners  heretofore  in  this  Ait  mentioned,  that  then  it  fhall  and  may  be 
lawful  for  the  Juftices  of  the  Inferior  Court  oi  Rowan  County,  to  appoint  one  or  more  Commiflioner 
or  Commiffioners,  in  the  Room  of  him  or  them  fo  deceafed  or  removed  ;  which  CommifTioner  or  Com- 
miffioners, fo  appointed  as  a-forefaid,  fhall,  and  is  hereby  declared  to  have  as  full  Power  and  Autho- 
rity, as  the  Commiffioners  appointed  by  this  Aft. 

XVIII.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  the  faid  Commiffioners  ap- 
pointed by  this  Aft,  or  to  be  hereafter  appoin:ed,  before  they  enter  in  and  upon  the  Execution  of 
their  Office,  fhall  take  the  following  Oath,  to  ivit, 

I  A.  B.  do  fivear,  that  I  iviil  execute  the  Office  of  a  Commiffioner  for  the  Tonjun  of  Salifbury,  faithfully 
and  truly,  ^vithout  Favour  or  Prejudice,  and  in  all  Things  a£l  for  the  Good  of  the  faid  Toitin,  and  the 
ivell  governing  thereof,  to  the  hejl  of  my  Skill  and  Judgment^  according  to  Laiv. 

SO  HELP  ME  GOD. 

XIX.  AND  be  it  further  Enaffed,  by  the  Authority  aforefaid.  That  the  feveral  Inhabitants  of  the 
faid  Town,  their  Servants  and  Slaves,  Travellers  and  others,  fhall  have  free  Accefs  to  all  Springs,  and 
natural  Fountains  of  Water  within'the  faid  Town,  and  Town  Common,  without  the  Hinderance, 
Let,  or  Interruption  of  the  Owner  or  Owners  of  fuch  Lot  or  Lots  or  Common,  whereon  fuch  Springs 
or  natural  Foutains  of  Water  are  fituate  ;  and  that  the  faid  Springs  and  Fountains  of  Water  be,  and 
are  hereby  declared  to  be  free  to  all  Perfons,  to  fupply  themfelves  with  Water  therefrom,  to  fupply 
their  feveral  Ufesj  and  that  it  fhall  and  may  be  lawful  for  the  Inhabitants  of  the  faid  Tov\n,  their  Ser- 
vants or  Slaves  as  aforefaid,  to  cut,  fell,  and  appropriate,  to  his  or  their  own  Ufe,  for  Fire  Wood  or 
Timber,  for  building  in  the  faid  Town,  any  Tree  or  Trees  now  Handing  or  being  on  the  faid  Town 
Common,  without  the  Hindrance  of  any  Perlbn  whatever. 

XX.  AND  be  it  furter  EnaSied,  by  the  Authority  aforefaid.  That  the  faid  Commiffions  or  the 
Majority  of  them,  or  their  Succeflbrs,  are  hereby  impowered,  to  lay  out,  and  appoint  a  proper  Place 
in  the  faid  Town,  for  erefting  and  building  a  Market- Houfe,  or  other  public  Buildings  in  the  faid 
Town. 

XXI.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Fines  and  Forfeitures  that 
Ihall  hereafter  be  recovered  in  Virtue  of  this  Aft,  the  Method  whereof  is  not  herein  before  exprtfTed, 
fhall  be  by  Warrant  from  under  the  Hands  and  Spals  of  the  faid  Commiffioners  or  the  Majority  of 
them,  and  applied  as  in  this  Aft  diretled. 


CHAP.     XVIII. 


jin  Act  to  amend  an  Act.,  intituled.,  An  Act  to  impower  the  Inferior  Courts  of  the 
feveral  Counties  in  this  Province,  to  order  the  laying  ovit  of  Public  Roads ;  and 
to  eftablifh  and  fettle  Ferries ;  and  to  appoint  where  Bridges  Ihall  be  built,  for 
the  Ufe  and  Eafe  of  the  Inhabitants  of  this  Province  i  and  to  clear  navigable 
Riveis  and  Creeks. 

Preamble,  j_  "w  X  T  H  E  R  E  A  S  by  the  before  recited  Aft,  among  other  Things  therein  contained,  it  is  enafted, 

y  y     that  upon  Application   made  to  any  of  the  Inferior  Courts  in  this  Province,  for  clearing 

navigable  Rivers  .and  Creeks,   in  their  r!;fptctiVe  Counties,   it  fhall  and  may  be  lawful  for  the  faid 

Courts, 

>?■ 


LAWS    of    Nokth-Carolina. 


47; 


»  Courts,  and  they  are  hereby  direfled  and  required,  to  appoint  fuch  Overfeers .of  the  Roads  as  live  moft    A.  D,    1770. 
-convenient  to  fuch  Rivers  and  Creeks,    with  their  Companies,  to  do  and   perform   the  fame :    And 
whereas  the  faid  Aft  hath  been  found,  by  Experience,  not  to  anfwer  the  falutary  PurpofeG  intended 
thereby ; 


Overfeffs  of 
Koada  t'l  cU-ar 
P.ivers  tc  Creckf , 


Navigjtion  of 
Little  Rrver  not 
to  he  interrupt- 
ed. 


II.  BE  it  therefore  EnaSied  hy  the  Governor,  Council,  and  J/Jemhly,  'and  hy  the  Authority  of  the  fam^ 
That  each  and  every  Overfeer  of  any  Road  in  any  County  in  this  Province,  whofe  Diftrift  is  moft 
convenient,  or  adjoins  any  navigable  River  or  Creek,  fliall,  is,  and  are  hereby  direded  and  required, 
to  clear  and  work  on  fuch  River  or  Creek,  with  his  Company,  without  any  Order  of  Court  ior  that 
Purpofe,  not  exceeding  Six  Days  in  every  Year  :  And  every  Overfeer  fo  failing  or  negieding  to  work 
on  fuch  River  or  Creek,  agreeable  to  the  Direflions  of  this  Aft,  fhall  be  liable  to  the  fame  Pains  and 
Penalties,  and  fubjeft  to  the  fame  Recoveries,  as  is  direfted  to  be  had  againft  Overfeers  by  the  before 
recited  Aft. 

III.  AND  whereas  x!at  Xawtr  Littl^^Hver ,  in  Cumherland  Coanty,  has  been  found,  by  Experi- 
ence, to  be  navigable  ;  and  that  Lumber,  and  otlier  Commodities,  have  been  rafted  down  the  faid 
River;  and  that  it  is  prafticable  for  Boats  to  pafs  up  the  fame  a  cenfiderable  Diftance,  the  fa'd  River 
being  cleared  of  Logs  and  Rafts,  near  Twenty  Mihs  from  the  Mouth  thereof':  Be  it  Enaffed,  by  the 
Authority  afore/aid.  That  any  Perfon  who  hath^uilt  any  Miil-Dam,  or  that  may  hereafter  build,  or 
caafe  to  be  built,  any  Kind  of  Dam  or  Bridge  acrofs  the  faid  River,  that  may  obftruft  or  prevent  the 
free  Paffage  of  any  fuch  Produce  for  the  future,  and  fhall  not  make,  or  cauie  to  be  niade,  a  proper 
Slip,  or  other  Convenience,  in  fuch  Manner  that  any  Produce  may  be  carried  fafely,  and  without  Da- 
mage or  Prejudice  to  the  Owner  ;  fuch  Perfon  fo  offending  fliall,.  for  every  Oflencej"  forfeit  and  pay  to 
the  Party  injured,  all  fuch  Damages  fts  he  fl»all  fullain  thereby;  to  be  recovered,  with  Colls,  before 
any  Jurifdiftion  having'Cognizance  thereof. 

*■■■-•- 

IV.  PROVIDED  neverthilefs.    That  no  fuch  Owner  or  PofTeflbr  of  %h  Mill-Dam  or  Bridge    Damn  not  to  b^ 
Ihall  be  obliged  to  make  fuch  Slip,  or  other  Convenience,  till  after  theFirfl  Day  oi  November  next.        rectmvpd  till  ift 

of  Nov.  next. 

V.  PROVIDEDalfo,  That  this  Aft,  nor  any  Thing  herein  contained,  fhall  not  extend  and  Counties      m 
bein  Force  in  the  Counticis  of  C)7ii/f»,   Edgcomb,  Halifax,  Pitt,  Hyde,   Currituck,  Duplin,   Pafquotank,  which   this    kO. 
Carteret,  Bute,  Choivan,  Hertford,  and  Granville;  any  Thing  herein  contained,  tc^he  contrary,  not-  is  not  in  Force. 
withltanding. 


CHAP.     XIX. 


j^n  additional  and  explanatory  Act  to  an  /let,  intituled.  An  Act  for  regulating  the 
feveral  Officers  Fees  within  this  Province,  and  afcei^S^qg  the  Method  of  paying 
the  famel  and  for  taxing  Law  Suits. 

I.   TTrHEREAS  frequent  Complaints  have  been  made  that  the  Fees  of  the  Clerks  of  the  Supe-    Preamble. 

W     '■'or  and  Inferior  Courts,- as  regulated  by  former  Afts  of  AfTemblyj  are  doubtful  and  am- 
biguous :'"For  Explanation  whereof, 

11.     B  E  it  Enabled,  by  the  Governor,  CourciJ,  and  Af'embly,  and  hy  the  Authcrity  cf  the  fame.  That    Clert:'!  Fees 
for  the  future   the  following  Fees  only  fhall  be  received   by  the  Clerks  cf  the  Superior  and  Inferior    gulatcd. 
Courts ;  and  no  other  or  greater  Fees  or  Charges  whatfoever  fhall  be  deemed  or  conftrued  to  be  allow- 
td  by  the  former  Afts  of  AfTembly,  to  v;it, 

FOR  every  Writ  or  leading  Procefs  returned  to  the  firft  Court  ;  and  all  fubfequent  Procefs,  Ap- 
pearances, Pleas,  Rules,  Orders,  and  other  Services  necefTary  thereon,  until  the  making  up  an  IlTue 
inclufive;  and  alfo,  fnr  Difmiflion,  or  final  Judgment,  where  either  happens;  or  for  Confellion  of 
Judgment,  to  the  Clerk  of  the  Court,  Fourteen  Shillings. 

FOR  every  Continuance,  or  Reference  of  every  Caufe  after  the  fecond  Court,  including  all  Fees 
for  every  Service  necefTary  thereon.  Four  Shillings. 

F  O  R  the  Court  at  which  the  Caufe  is  determined,  including  all  Fees  for  every  necefTary  Service 
thereon,  and  entering  final  Judgment  inclufive,  Eighteen  .'-hillings. 

FOR  every  Subpoena,  mere  than  thfee  different  and  diftinft  Subpoenas,  in  any  Caufe,  the  Clerk 
fhall  be  allowed,  by  the  Party  praying  fuch  Subposna,  Two  Shillings 

.  Provided  clvcays.  That  the  Parties  taking  out  any  one  of  the  Five  Subpoenas  intended  by  this  Aft 
to  be  ifTued  without  Fee,  may  beat  Liberty  to  infert  in  each  Subpoena,  any  Number  of  Witneffes, 
not  exceeding  Four,  Two  Shillings.  When  necefTary,  for  every  Execution,  or  Order  of  Sale,  ifTued 
and  returned,  including  all  Services  thereon,  with  taxing  Colls,  and  Copy,  and  enstring  Satif- 
faftion.  Five  Shllings. 

p  OK  cvexy  Scire  Facias  a'gainft  Bail,  with  making  up  an  Iflue  thereon,  or  entering  Judgment 
without  Plea,  including  all  Fees  for  every  Service  necclTary  thereon  ;  provided  that  the  Piirty  paying 
Cofls  (hall  not  be  fubjeft  to  this,  unlefs  the  Scire  Facias  is  rcquifite,  and  required  by  the  Plaintift  j 
Eight  Shillings. 

FOR  giving  a  Copy  of  the  Record  of  any  Caufe  when  demanded  by  either  of  the  Parties,  Sir 
Shillings.  ^.  ^^ 

FOR  every  Order  or  Rule  of  Court,  made  on  MiMfes.-  foreign  to  the  Suits  dspendir^^^n  Ctur", 
and  Copy  thereof  when  demanded,  Two  Shjllipcs  and  Ei^ht  Pence. 


l)|||w^{!s  anc 


FOR 


474 


LAWS    of    Nor  T  H -Carol  I  N  A. 


A.  D.    1770.         FOR  entering  on  the  Minutes  the  Probate  of  a  Will,  qualifying  Executors,  making  Certificate, 
^    -^-     7      recording  the  Will,  and  giving  Copy  thereof.  Ten  Shillings  and  Eight  Pence. 

FOR  granting  Adniiniftration,  taking  Bond,  and  all  other  Services  thereon,  Ten  Shillings  and 
Eight  Pence, 

FOR  all  Services  neceffary  to  be  done  by  the  Clerk  of  the  Court,  towards  procuring  Letters  of 
Adminiftration,  or  Letters  Teftainentary,  if  he  furnifhes  the  faid  Letters,  including  the  Governor's, 
Secretary's,  and  private  Secretary's  Fees,  Twenty  Six  Shillings  and  Eight  Pence. 

FOR  all  Services  in  proving,  recording  and  filing  an  Inventory,  Account  Sales,  or  Account  cur- 
rent exhibited  by  an  Executor,  Adminillrator,  or  Guardian,  or  for  Search,  Copy  and  Certificate  of 
the  fame,  if  the  Eftate  be  under  one  Hundred  Pounds,  One  Shilling  and  Four  Pence;  if  above  one 
Hundred  Pounds  Value,  Four  Shillings. 

FOR  every  Marriage  Licence  and  Bond,  and  all  the  neceflary  Services  thereon.  Five  Shillings. 

F  O  R  an  Ordinary  Licence  and  Bond,  and  all  the  Services  neceflary  to  be  done  thereon.  Five 
Shillings. 

FOR  Tavern  Rates,  Two  Shillings  and  Six-pence. 

FOR  fearching  a  Record  out  of  Court,  Eight-pence. 

FOR  proving  or  entering  Acknowledgement  of  a  Conveyance  of  Land,  or  other  Eftate,  and  cer- 
tifying the  fame,  with  the  Order  for  Regillration,  and  Examination  of  a  Feme  Covert  without  Com-  ' 
miflion,  Two  Shillings  and  Eight-pence. 

FOR  a  Coi^jmifiion  to  take  the  Examination  of  a  Feme  Covert,  or  Witnefles  in  any  Caufe  de- 
pending in  the  Superior  Court,  the  Return  thereon,  entering,  and  all  other  Services  neceflary  thereon. 
Three  Shillings.      •  .  '  . 

FOR  Guardian  and  other  Bonds  taken  in  Court,  and  for  all  neceflary  Services  thereon,  every  Fee 
relative  thereto  included.  Eight  Shillings. 

FOR  Indentures  for  binding  out  Apprentices,  making  Order  thereon,  and  for  filing  and  record- 
ing the  fame,  including  all  Fees  for  every  Service  neceflary.  Five  Shillings  and  Four-pence. 

F  O  R  a  fpecial  Venirt Facias  in  an  Adlion  of  Ejedlment,  or  where  the  Bounds  of  Lands  ihall  come 
in  Queition,  when  the  faid  Writ  fliall  be  iflfued.  Eight  Shillings. 

FOR  a  fpecial  Verdid,  Demurrer  or  Motion  in  Arreft  of  Judgment,  and  Argument  thereon. 
Four  Shillings. 

FOR  Writ  of  Error  or  Appeal,  with  a  Tranfcript  of  the  Record,  and  all  Services  thereon.  Ten 
Shillings. 

FOR  making  out  Certificates  of  Witnefles  or  Jurymens  Attendance,  Eight-pence. 
.   FOR  recording  a  Mark  or  Brand,  and  granting  Certificate  thereof,  if  required.  One  Shilling  and 
Four-pence. 

Cletks  allowed  III.  A'ND  be  it  further  Enaaed,  by  the  Authority  aforefaid.  That  all  the  Services  neceflary  to  be 
no  other  Fees  done  by  ihe  Clerks  of  the  Superior  and  Inferior  Courts  within  this  Province,  for  which  P'ees  are  noc 
than  by  this  Aa,  provided  in  this  Adt,  fliall  be  deemed  and  conftrued  to  be  ex-ofiicio  Services,  for  which  the  Clerks 
ferior  cluits.  "  ^^^  demand  no  Fee  or  Reward  whatever,  except  what  fliall  be  allowed  fuch  Clerks  by  the  Inferi-.r 
Court  of  their  relpedive  Counties  for  fuch  Services. 


Clerks  may  iftue 
Executions  tor 
their  Fees. 


When  Continu- 
ance of  a  Caofe 
is  granted,  Party 
praying  th?  fame 
to  pay  all  CoUs. 


Proceed,  where 
Clerks  charge 
more  Fees  than 
is  allowed  by  this 
Aft. 


IV.  AND  be  it  further  Enabled,  by  the  Authority  a/ore/aid.  That  it  fliall  and  may  be  lawful  for 
the  Clerks  of  the  Superior  or  Inferior  Courts  on  the  Fees  not  being  paid  by  the  Party  from  whom  they 
are  due,  to  make  out  Execution,  direfled  to  the  Sheriff^  of  the  County  where  the  Party  refidcs ;  and 
the  faid  Sheriff  fliall  levy  the  fame,  jn  Virtue  of  the  faid  Execution,  as  in  other  Cafes ;  and  to  the  fa  d 
Execution  fhall  be  annexed  a  Copy  of  the  Bill  of  Cofts  of  the  Fees  on  which  fuch  Execution  fliall 
iffue,  wrote  in  Words  at  length,  and  without  any  Abbreviation  whatfoever  ■  and  all  Executions  iffu- 
ing  without  the  Copy  of  fuch  Bill  of  Cofls  annexed,  fhall  be  deemed  illegal,  and  no  Sheriff  fhall  ferve 
or  execute  the  fame. 

V.  AND  be  it  further  Enailed,  by  the  Authority  aforefaid.  That  whenever  it  fliall  be  the  Opinion 
of  the  Court,  that  the  Party  praying  a  Continuance,  fhould  not  obtain  it  wiihout  Payment  of  all 
Cofts  attending  the  fame,  the  whole  of  thefe  Cofts  fliall  be'  paid  before  the  Continuance  is  granted  ; 
and  the  Party  paying  fuch  Cofts  fhallnot  be  intitled  to  recover  them,  although  the  Judgment  of  the 
Court  fliould  finally  be  in  his  Favour. 

VI.  AND  be  it  further  Enaded  hy  the  Authority  aforefaid.  That  if  any  Perfon  fliall  hereafter  con- 
ceive himfelf  aggrieved  by  any  Clerk  of  the  Superior  or  Inferior  Courts,  in  taxing  or  charging  other 
or  greater  Fees  than  by  this  Ad  are  allowed,  it  fliall  and  may  be  lawful  for  fuch  Perfon  fo  aggrieved, 
either  by  himfelf  or  his  Attorney,  to  complain  to  the  Court  where  fuch  Offender  is  Clerk  ;  and  the 
faid  Court  fhall,  in  a  fummary  Way,  take  the  Matter  under  their  Confideration  ;  and  if  it  fliall  appear 
to  them  that  fuch  Clerk  hath  taxed  and  charged  other  or  greater  Cofts  or  Fees  than  are  by  this  Adl 
allowed,  tijen  the  faid  Court  fliall  not  only  order  immediate  Reftitution  to  be  made  to  the  Party  in- 
jured, together  with  all  Cofts  and  Damages,  but  alfo  may,  and  they  are  hereby  required,  to  fet  foch 
Fine  as  they  fhall  think  proper  on  fuch  Clerk,  not  exceeding  the  Sum  of  Five  Pounds ;  and  the  Court 
fhall  commit  fuch  Clerk  to  Gaol  if  he  refufes  or  delays  to  obey  their  Judgments,  there  to  remain  until 
he  has  fatisfied  the  Party  injured,  agreeable  to  the  Judgment  of  the  Court,  and  alfo  paid  tiie  Fine  in- 
flided  on  him  to  the  Sheriff";  which  Fine  fhall  be  applied  towards  defraying  the  contingent  Charges 
of  the  County  where  fuch  Court  fhall  be  held,  and  fliall  be  accounted  for  by  the  Sheriff,  at  the  fame 
Time  as  he  accounts  for  the  County  Tax  :  Prouided,  that  fuch  Clerk  fhall  have  Ten  Days  Notice  in 
Writing,  previous  to  the  fitting  of  the  Court  where  fuch  Complaint  is  intended  to  be  made  ;  and  that 
there  fhall  be  at  leaft  five  Juftices  on  the  Trial  of  fuch  Complaint,  if  in  the  Inferior  Couit ;  and  the 
Notice  fhall  be  in  thefe  Words,  or  to  this  Efi^eft  : 


L  A  IV  S    of    North-Carolina. 


475 


I 


INTEND  to  complain  of  you  to  the  next 


againft 


than  the  Law  allows. 


'Court,  for  taking  more  Fees  io  the  Suit  of    A.  D.    1770. 


And  a  Copy  of  this  Notice,  direfted  to  the  Clerk,  and  figned  by  the  Complainant,  proved  by  the 
Oath  of  the  Perfon  who  ferved  it,  with  a  Copy  of  the  Jill  of  Colts,  from  the  Officer  who  levied  the 
fame,  ihall  be  fufficient  for  the  Court  to  judge  upon,  without  any  other  or  further  Procefs. 

VII.  JND  be  it  Enaaed,  hy  the  Auiharity  aforefaid.  That  if  arty  Cleric  (hall,  during  the  fitting  Of 
the  Court  whereof  he  is  Clerk,  demand  other  or  greater  Fees  than  by  this  Aft  allowed,  the  Court  Ihall 
immediately,  on  Complaint  being  made  thereof,  determine  what  Fee  or  Fees  fhall  be  paid  to  the  faid 
Clerk  by  the  Party  complaining. 

VIII.  ^iVD  be  it  further  Enaaed,  hy  the  Authority  aforefaid.  That  if  any  Clerk  of  any  Court  in 
this  Province  Ihall  hereafter  be  guilty  of  any  Breach  or  Negleft  of  Duty  'enjoined  by  this  Art,  fuch 
Breach  or  Negleft  of  Duty  Ihall,  on  a  fecond  Conviction,  be  adjudged  and  ueemed  a  Miibehaviour  in 
Office,  lor  which  fuch  Clerk  Ihall  be  fufpended  by  the  faid  Court,  on  Complaint. 

IX.  PRO  VIDEO  ne-verthelefs,  That  in  Cafe  the  Clerk  fliall  be  difiatisfied  with  the  Determina- 
tion of  the  Inferior  Court,  he  may  appeal  to  the  Superior  Court  of  the  Diihict,  in  which  Cafe  there 
fhall  be  a  Trial  de  Novo;  where,  if  the  Sufpenfion  of  the  Inferior  Court  Ihall  be  confirmed,  the  iaid 
Clerk  Ihall  ever  after  be  rendered  incapable  of  ading  as  Cierk  in  any  Court  of  Juftice  in  this  Province. 

X.  PROFIDED  airways.  That  no  Clerk  fhall  be  liable  to  any  Penalty  or  Sufpenfion  for  failing 
to  conftrue  and  comply  with  the  Diredions  of  this  Ad,  in  Relation  to  his  making  out  and  taxing  Jiis 
Bills  of  Colls,  until  Six  Months  from  and  after  the  pafiing  of  this  Ad. 


CIctka  (icm'nd* 
ing  greater  Fees 
thdn  the-  ?re  al- 
lowed, during 
ths  fiuing  of 
Cnurt,  to  be  flt- 
termined  by  the 
Cult. 

Second  Convic- 
tion of  Ntgleft 
of  Duty  in  any 
Clerk,  A  Misbe- 
hivf  ur  in  Office, 
Right  of  Appeal. 


Clerks    n  t    Ila- 
bl'.-,     till    Six 
Mi.nth-    aff-T 
palling  this  Afti 


XI.     Al^D   he  it  further  EnaS^sd,  hy  the  Authority  aforefaid.  That  there  (hall  be  paid  to  the  Clerk     l^^j-^jj^  ^^^j^j^ 
at  the  Time  of  iffuing  any  Writ,  or  any  other  leading  Proctis,  by  the  Perfon  fuing  out  the  fame,  re- 
turnable to  the  Superior  Court,  the  Sum  of  Twenty  Shillings  ;  and  if  returnable  to  the  Inferior  Court, 
the  Sum  of  Five  Shillings,  for  the  Ufe  of  the  contingent  l-und  j   to  be  recovered  by  the  Party  call,  in 
the  fame  Manner  as  other  Colls. 


XII.  AND  he  further  it  Enaaed,  hy  the  Authority  aforefaid.  That  the  Clerk  of  each  Superior 
Court  (hall  account  for,  and  pay  to  the  Treafuier  of  his  refpedue  Diltrid,  at  the  fitting  of  the  Supe- 
rior Court  whereof  he  is  Clerk,  or  in  One  Month  after,  all  Monies  received  by  him  for  the  contingent 
Fund,  in  Virtue  of  this  Ad  ;  and  ihall  make  and  deliver  therewith  an  exad  Liil,  on  Oath,  of  every 
leading  Procefs  iffued  by  him,  or  returned  by  the  Court  whereof  he  is  Clerk:  And  the  Clerks  of  the 
Inferior  Courts  Ihall,  at  the  Superior  Courts  of  their  refpedive  Diflrids,  or  in  One  Month  after  ths 
fame,  account  lor  and  pay  to  the  Treafurer  of  their  refpedive  Diilrids,  all  Monies  received  by  them 
for  the  Ufe  of  the  contingent  Fund,  in  Virtue  of  this  Ad  ;  and  Ihall  alfo  make  and  deliver  therewith 
an  exad  Lill,  on  Oath,  of  every  leading  Procefs  by  them  iffued  or  returned  to  the  Court  of  which 
they  are  refpedively  Clerks ;  which  Lilt  Ihall  be  certified  by  a  Magiftrate,  at  the  Court  of  the  County 
whereof  he  is  Clerk,  immediately  preceding  the  Superior  Court  at  which  he  is  to  account. 

X'lII.  PRO  FIDED  nenjerthelefs.  That  where  any  Suit  (hall  be  brought  by  an  Executor,  Admi- 
niftrator,  or  Guardian,  and  no  Recovery  is  had  on  the  Trial,  the  Tax  fhall  be  returned  to  the  Party 
paying  the  fame  ;  and  alfo,  when  a  Writ  or  other  leading  Procefs  cannot  be  executed,  and  the  Plain- 
tiiFor  Plaintiffs  fhall  difmifs  the  fame,  he  or  they  (hall  receive  from  the  Clerk,  the  Tax  paid  on  fuch 
Wiit  or  leading  Procefs ;  which  Sums  fo  repaid  (hall  be  allowed  to  the  Clerk  on  his  Settlement  with 
the  Treafurer,  on  his  producing  a  Lill  of  fuch  Suits,  certified  by  the  Court  of  which  he  is  Clerk;  any 
Thing  herein  contained,  to  the  contrary,  notwithftanding. 

XIV.  AND  he  it  further  Enaaed,  hy  the  Authority  aforefaid.  That  the  Clerks  of  the  refpedive 
Courts  (hall  tranfmit  to  the  Clerk  of  the  Affembiy,  at  each  Seflions  of  A(rembly,  Copies  of  the  Ac- 
count fettled  with  the  Treafurer,  preceding  fuch  Seflions  of  Affembiy,  provided  fuch  Copies  were  not 
before  tranfmitted  ;  and  fhall  be  allowed  by  the  Treafurer  the  Sum  of  Eight /f/-  Cent,  on  all  Monies 
paid  by  Virtue  of  this  h.&.,  out  of  the  contingent  Fund  ;  and  the  Money  received  by  the  Treafurer  in 
Virtue  of  this  Ad,  (hall  be  by  him  accounted  (or  as  other  Monies  received  for  the  Ufe  of  the  contin- 
gent Fund. 

XV.  AND  he  it  farther  Enaaed,  hy  the  Authority  aforefaid.  That,  the  Clerks  <jf  the  Superior  and 
Inferior  Courts  (hall,  refpedively,  enter  into  Bonds,  with  good  and  fuflicient  Security,  in  the  Sum  of 
Five  Hundred  Pounils,  for  the  faithful  Dilcharge  of  their  Olnce,  in  coileding  the  Tax  herein  before 
mentioned  ;  which  Bonds  (hall  be  taken  by  their  refpedive  Courts,  at  the  Firtl  Court-after  the  Firik 
Day  of  March  next,  r.nd  made  payable  to  the  Governor,  or  Commander  in  Chief  (or  the  Time  being, 
and  lodged  with  the  Treafurer  of  the  Dillrid  where  fuch  Clerk  (hall  relide. 

XVI.  AND  he  it  further  Enaaed,  by  the  Authority  aforefaid.  That  every  Ad  and  Ads  of  Affem- 
biy now  in  Fcrce,  allowing  Fees  to  the  Clerks  of  the  Superior  and  Inferior  Courts  within  this  Pro- 
vince, and  all  other  Ads  laying  Taxes  on  Suits,  fo  far  as  comes  within  the  Piirview  of  tliis  Ad,  are, 
and  fhall  be  henceforth  repealed  and  made  void. 


Clerks  to  account 
lor  the  Tax, 


Suits  Viro't  where 
no  Rccovttv  is 
had,    Tax   to   DC 

rtturned. 


Clerks  to  frar/- 
mit  t»  the  Cleitc 
ot  the  AlTembly 
Copies  cf  rhrt 
Arcfunts  fuf.ird 
with  the  Treafu- 
rer. 


Clerks  to  give 
B.nd  lorcnllca* 
ing  the  Tax- 


RepeaiirgC'aufe« 


XVII.      AND  he  it  further  Enaaed,   by  the  Authority  aforefaid,  T\i2.\.\.V\%  kSt^zWhit  zr^^  zot^^ivwlz     Ctitinuance     oC 
in  Force  for  and  during  the  Term  of  Two  Years,    and  from  thence  to  the  End  of  the  next  Sefiion  of    '1'^  Ait. 
Affembiy,  and  no  longer.  CHAP. 


LAWS    of   North-Carolina. 


^.  D.  1770.  CHAP.    XX. 

An  A5i  for  granting  a  Salary  to  the  Chief  Jujlicey  out  of  the  contingent  Fund. 

I,  "ITZHEREASitis  neceffaty  that  the  Chief  Juilice  for  the  Time  being  fhould  be  provided  for 
Y  V     i"!  ^  Manner  fuitable  to  his  Dignity ;  '  " 

Juftice'*  II.  B E  it  Enabled,  by  the  Governor,  Council,  and  Affembly,' and  by  the  Authority  of  the  fame.  That 
there  fhall  be  paid  to  the  Chief  Juftice  for  the  Time  being,  in  Lieu  of  all  Manner  of  other  Salaries, 
Fees,  or  Perquifites  whatfoever,  the  Sum  of  Six  Hundred  Pounds,  Proclamation  Money,  per  Annum ; 
and  alfo  the  Sum  of  Fifty  Pounds,  Proclamation  Money,  for  each'  and  every  Superior  Court  he  fliall 
attend,  to  be  certified  by  the  Clerks,  and  no  more ;  to  be  paid  out  of  the  contingent  Fund. 

Provifo,  where  HI.  PiJ  0  ^7 Z)£Z)  K^-i/fr/W^/f,  That  if  the  Chief  Juftice  fliould  be  prevented  by  Sicknefs  from 
prevented  trom  attending  at  any  of  the  Superior  Cou;ts,  and  the  fame  being  made  appear,  on  Oath,  he  fhall  be  paid 
attending     by        the  fame  Sum  Es  if  he  was  perfonally  prcfcnt. 


Preairible. 


Chief 
Salary. 


Sicknefs. 


Continuancee 
the  Aft. 


uf  IV.  AN D  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  this  Aft,  and  every  Claufe  and 
Article  thereof,  fhall  be  in  Force  for  and  during  the  Term  of  Three  Years,  from  the  Tenth  Day  of 
June  next,  after  the  paffing  hereof,  and  no  longer. 


CHAP.    XXI. 

Au  A5i  to  prevent  the  unreafonabte  Dejiruction  of  Fifh  in  the  Rivers  Roanoke  and  Dann, 
and  other  Water  Courfes  therein  mentioned. 

Preamble;  I.   TT7HEREAS  many  avaricious  Perfons,  by  fifhing  with  feveral  Seins  at  the  fame  filhing  Place, 

V V  3"d  by  keeping  Nets  extended  arrofs  the  Riveis  Roanoke,  Dann,  the  Yadkin  River,  the  South 
Fork  of  the  2^^i^',^//^  River,  the  Catai.vba,  the  South  Fork  of  the  Ca^aTO^a,  as  h\gh  as  Henry  PFhitener's, 
Rocky  River,  as  high  as  Mofcs  Alexander's  Mill,  Broad^htr,  as  far  up  as  Captain  Bankjlous  Place, 
and  County  Line  Creek,  as  far  as  George  Boyd's  Place,  prevent  the  Fifh  from  palTing  up  the  faid  Rivers,, 
fo  that  the  Inhabitants  living  on  the  upper  Parts  of  the  faid  Rivers  are  deprived  from  the  Benefit  of 
catching  Fiih  therein  : 

Deftruflion  of  ^I-  B  E  it  therefcre  Enaaed  by  the  Gcvernor,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame, 
Fiih  prevented.  That  it  fliall  not  be  lawful  for  any  Perf  m  or  Perfons  whatfoever,  from  and  after  the  pafTing  of  this 
Aft,  to  dray  or  fifh  with  more  than  one  Sein  at  any  one  Fifhing  Place,  or  within  One  Eighth  of  a  Mile 
of  each  other,  on  the  faid  Rivers,  at  any  Time  during  the  Seafon  for  fifhing  ;  or  to  keep  a  Net  or 
Sein  extended  or  fixed  acrofs  any  of  them  ;  or  to  make  any  Hedges,  Stops,  or  Dams,  on  the  fame,  to 
hinder  or  prevent  the  Fifh  from  pafTing  up  the  faid  Rivers  :  And  if  any  Perfon  or  Perfons  fhall  ofiend 
herein,  he  or  they  fliall,  for  every  fuch  Offence,  forfeit  and  pay  the  Sum  of  Ten  Pounds,  Proclarna- 
tion  Money  ;  to  be  recovered  by  Aftion  of  Debt,  by  the  Informer,  in  any  Court  of  Record  having 
Jurifdidion  thereof.  ' 


CHAP.     XXII. 


preamble. 


An  AEl.,  for  erecting  Part  of  Johnflon,  Cumberland,  and  Orange  Counties.,  into  afe- 
parate  and  dijiina  County,  by  the  Name  of  Wake  County  and  St.  Margaret's  PariJJj. 

HE  RE  AS  the  large  Extent  of  the  faid  Coutities  of  Johnfron,  Cumberland  and  Orange, 


renders   it  grievous  and   burthenfome   to.  many   of  the  Inhabitants  thereof,  to  attend  the 


Wake 
ereiSled, 


County 


'•w 

Courts,  General  Mullers,  and  other  Public  Meetings  therein  : 

II.  BE  it  Enaaed  by  the  Governor,  Council,  and  Affembly,  and  by  the  Mthority  of  the  fame.  That 
from  and  after  the  Twelfth  Day  of  March  next,  after  the  paffing  of  this  Aft,  the  faid  Counties  of 
Johnflon,  Cumberland,  and  Oratige,  be  divided  by  the  following  Lines  ;  that  is  to  fay.  Beginning  at 
Edgcomb  Line  on  Moccofon  Swamp,  a  Mile  above  James  Lea's  Plantation,  running  a  direft  Line  to 
Neufe  River,  at  the  upper  End  oi  John  Beddingfield's  Plantation  ;  then  to  David  Mimm's  Mill  Creek, 
between  Mimm's  Mill  and  Tanner's  old  Mill  ;  then  the  fame  Courfe  continued  to  the  Ridge  which  di- 
vides Cumberland  avid  Johnf  on  Counties;  then  a  flraight  Line  to  Orange  Line,  at  the  lower  End  of 
Richard  Hin's  Plantation,  on  Buckhiri;  then  the  fame  Courfe  continued  Five  Miles;  then  to  the 
QorncT  oi  Job?:Jlon  County  on  Granville  Line;  then  with  the  fame  Une  zni  Bute  Vmc  to  Edgcomb 
Line  ;  and  along  Edgcomb  Line  to  the  Beginning;  be  thenceforth  erefted  into  a  dillind  County  and 
Parifh,  by  the  Name  Wake  County,  and  St.  Margaret's  Parifh. 

Courts  f„r  John-  III.  AND  for  the  due  Adminiflration  of  Juftice  ;  Be  it  further  Enaaed,  by  the  Authority  aforefaid, 
flon  and  Wake  That  after  the  aforef.iid  Twelfth  Day  o\'  March  z.  Court  for  the  aforefaid  County  oijohnfon,  be  con- 
Counties  when  ftantly  held  by  the  Juftices  thereof,  at  Capt.  John  Smith's,  upon  the  lalt  Tuefdays  in  February,  May, 
*"'"*•  AuzuH,  and  November;  and  alfo,  that  a  Court  for  the  faid  County  oiWake,  be  conftantly  held  by 

*  ■'  the 


LAWS     of    North-Carolina. 


477 


the  Juftices  thereof,  at  fuch  Place  as  fhall  be  laid  off,  and  agreed  upon,  by  the  Commifiioners  hereia     /I.  D.    1770. 
after  appointed  for  that  Purpofe  or  a  Majority  of  them,  on  the  Firft  Tue/days  in  March,  June,  Sep-       S— »«/—  mj 
timber,  and  December,  in  every  Year,  as  by  the  Laws  of  this   Province  is  provided,    and  fliall  be,  by 
Commiffion  to  the  faid  Juftices  refpedively,  direfted. 

IV.  AN  D  Be  it  further  Enalied,  That  nothing  herein  contained  (hall,  be  conftrued  to  debar  the  Sheriffs  to  make 
SherifFs-of  the  Counties  of  Jei-zj/^ow,  Cumhirland,  and  Orange,  as  the  fame  now  Hand  undivided,  to  l^'l"'' f"' L-n«a 
make  Diftrefs  for  any  Levies,  Fees,  or  other  Dues,  that  ftiall  be  due  from  the  Inhabitants  of  the  faid 
Counties,  on  the  faid  Twelfth  Day  of  March,  in  the  fame  Manner  as  by  Law  the  faid  Sheriffs  could 
or  might  have  done  if  the  faid  Counties  had  reinained  undivided  ;  and  the  faid  Levies,  Ftes,  and 
other  Dues,  (hall  be  accounted  for  in  the  fame  Manner  as  if  this  Aft  had  never  been  made ;  any  Thing 
herein  contained  to  the  contrary  notwithftanding. 


a^  beluic  th':  Di- 
v:fi  n  uf  the 
Counties. 


V.  AND  be  it  further  EnaBed,    by  the  Authority  aforefaid.    That  after  the  faid  Twelfth  Day  Johnfton  Part  cf 
of  March,  tl\e  faid  County  of  yajf-zr/^on  (hall  be,  continue,  and  remain  Part  of  the  Diftrift  of  the  Supe-  ^*^""'      *"'', 
rior  Court  of  Juftice  held   for  the  Diftrift  of  Neivbem  ;  and  that   the  faid  County  of  Wuke  (hall  be,  HirfcjrooehDif- 
continue,  and  remain  Part  of  the  Diftrift  of  the  Superior  Court  of  Jiiftice  held  for  Dilbidt  of  Ha'.j-  ttiits. 
borough. 

VI.  AND  be   it  further   EnaQed,    by  the  Authority  aforefaid.    That  the   Sheriff  of  the   County  SheriflF  of  W^ke 
of  Wake  for  the  Time  being,  after  the  faid  Twelfth  Day  of  March;  (hall  account  with  and  pay  to  the  f"  accmnt  wah 
Public  Treafurer  of  the  Southern   Diftria  of  this  Province  for  the  Time   being,  all  Public  Levies  by  iJj'    '^•^"ihcrn 
him  coUefted,  or  wherewith  he  (hall  ftand  chargeable,  in  the  fame  Manner,  and  under  the  like  Pains       '^"  '"^'^" 

and  Penalties,  as  other  Sheriffs  in  the  faid  Diftridt. 

VII.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  Joel  Lane,  Theophilus  Hunter, 
Hardy  Sanders,  Jofeph  Lane,  John  Hinlon,  'Thomas  Hines,  and  Thomas  Cratjuford,  Efquires,  or  a  Ma- 
jority of  them,  be  and  are  hereby  appointed  Commillioners,  to  agree  upon,  appoint  and  lay  off,  a 
proper  and  convenient  Place,  for  ercding  and  building  a  Court-Houfe,  Prifon  and  Stocks,  for  the 
Ufe  of  the  faid  County  of  Wake  ;  and  thdi  Joel  Lane,  James  Martin,  and  Theophilus  Hunter,  Efquires, 
or  the  Majority  of  them,  or  their  Survivois,   be  and  are  hereby   appointed  Commiffioners ;  and  im- 


CoHirniflions  ap- 
p  linted  fir  cr?c. 
tingPub'ic  EiiIM- 
ings  I.T  W^l^(; 
and  Jjhnftun 
Cuuniits. 


&c.    for 
ui  Us, 


jun.  ana  naiiam  nryan,  ciquires,  or  cne  iviajoruy  01  tnem,  or  cneir  ourvivors,  oe,  ana  are  nereoy 
appointed  Commiff:oners,  and  impowered  and  direded  to  agree  and  contraft  with  Workmen,  for 
credting  and  building  a  Court-Houfe,  Prifon  and  Stocks,  for  the  U("e  of  the  faid  County  of  Johnflon. 

VIII.  AND  for  re-imburfing  the  Commiflioners  the  Money  they  (hall  expend  in  eredling  the  faid  Tjx  hid  for  e- 
Buildings  ;  Be  it  further  Enaded,  by  the  Authority  aforejaid.  That  the  Juftices  of  the  Inferior  Courts  of  i^^'ig  Court* 
the  faid  Counties  of  Johnjicn  and  Wake  refpedively,  be,  and  are  hereby  impowered,  direded,  and  re-  ^''"'„'' 
quired,  to  lay  fuch  a  l^oll  I'ax  on  each  taxable Perfon  in  the  faid  Counties  reipeftively,  as  (hall  be  fuflici- 
ent  to  defray  the  Colls  and  Expencts  neceifarily  laid  out  and  expended  in  erefting,  building,  and  com- 
pleating  the  fame;  and  all  Perlbns  in  either  of  the  faid  Counties,  who  (hall  neglect  to  pay  the  faid 
Tax  till  after  the  Tenth  Day  of  March  in  each  Year,  (hall  thereafter  be  liable  to  the  fame  Diftrefs  as 
for  Non-Payment  of  Public  Taxes;  and  the  Sheriff  of  each  of  the  faid  Counties  is  hereby  required 
and  directed,  on  or  before  the  Tenth  Day  of  ]iine,  in  the  faid  Years  refpectively,  to  account  for  and 
pay  the  Money  fo  by  him  to  be  collected  to  the  Commiffioners  aforefaid,  after  deducting  Eight /er 
Cent  for  his  Trouble  in  collecting  the  fame ;  that  is  to  fav,  fo  much  thereof  as  (hall  be  levied  on 
the  taxable  Perfons  in  the  County  of  ]ohnJii.n,  to  the  aforefaid  Btnjamii!  Williams,  John  Smith,  and 
WilLam  Bryan,  the  Survivor  or  Survivors  of  them;  and  fuch  Part  of  the  fame  as  (hall  be  levied  on 
the  Taxable  Perfons  in  the  County  of  Wake,  to  the  aforefaid  ]cel  Lane,  James  Martin,  and  Theophilu; 
Hunter,  the  Survivor  or  Survivors  of  them  ;  and  in  Cafe  of  Failure  or  Neglect  therein  by  the  Sheriff, 
he  (hall  be  liable  to  the  fame  Penalties,  Reftrictions,  Procefs,  and  Remedy,  for  enforcing  the  Pay- 
ment thereof,  as  by  Law  may  be  had  againft  Sheriff's  who  neglect  or  refufe  to  acount  for  and  pay  pub- 
lic Taxes. 

IX.  AND  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  the  Juftices  of  Jch-tf on  County 
Court  (hall  'and  may,  and  they  are  hereby  authorifed,  impowered,  and  direded,  to  hear,  try,  and  de- 
termine, all  Caufes  which  were  pending  in  the  faid  County  Court  of  Johnfton,  and  undetermined,  on 
the  faid  Twelfth  Day  of  March,  and  to  give  Judgment,  and  award  Execution  thereupon,  in  the 
fame  Manner,  to  all  Intents  and  Purpofes,  as  the  Juftices  of  ]ohnJiin  County  Court  might  or  could 
havj  done  if  the  faid  County  had  remained  undivided  ;  any  Law,  Ufage,  or  Cullom,  to  the  contrary, 
notwithftanding. 


Juilices  of  y  ("1. 
ft;,n  ti)  I  y  C.'.uff^S 
as  befoie  the  Di- 
vifion. 


X.     AND  be  it  further  EnaSted,    by  the  Authority  aforefaid.    That  after  the  faid  Tvvelfth  Day  of    j, 
March,  it  (hall  and  may  be  lawlul  for  the  Juftices  of  the  Inferior  Courts  of  the  Counties  of   johnfton     \>' 
and  Wake,  to  nominate  and  appoint  the  following  Number  of  Freeholders,  to  fcrve  as  Grand  and  Petit     ^' 
Jurors,  at  the  rcfpedive  Diftrids  aforefaid  ;  that  is  to  fay,    ]ohnJlon  four  Jurors,  and  Wake  llx  Jurors ; 
any  Law,  Ufage,  orCuftom,  to  the  contrary,  notwithftanding:   A  LilL  of  which  Jurors  fo  nominated, 
(hall  be  delivered  by  the  Clerk  of  the  refpedive  Counties  to  the  Sheriff,  who  (hall,  and  is  hereby  re- 
quired, to  fummons  the  Perfons  fo  nominated  to  ferve  as  Jurymen  at  the  Superior  Court  of  tlie  refpec- 
tive  Diftrid ;    which  Jurymen  fo  nominated  (liall  have  and  receive  the  fame  Allowance,  and  (liall   be 
under  the  fame  Rules,  Fines,  and  Refttidions,    as  other  Jurymen  are  in  the  rcfpedive  Counties  of 
this  Province. 

R  r  r  XT.  A  N  D 


rsrs  to  be  ap. 
intcd  for  J  i!ji.- 
in  and  \S  An- 
Dunties. 


478 


LAWS    of    North-Carolina. 


^.  D.    1770. 

Jurors  for  Dobbs 
County. 


Veftry  of  St.. Ste- 
phen's Parifli  dif- 
iolved. 


Veftryrren  for 
the  I'arilhes  of 
St.  Mjigaret  and 
St  Stephen  to  be 
chofen. 


XI.  AND  whereas  by  the  Laws  now  in  Force,  Ten  Jurors  are  fent  to  the  Superior  Court  of  the 
Diftrift  of  Newbern  for  the  County  of  Dobbs,  and  it  being  now  thought  unneceflary  that  the  fame 
Number  be  hereafter  fent ;  Be  it  Enaiied,  by  tbe  Authority  afore/aid.  That  from  and  after  the  pafling  of 
this  Aft,  fix  Jurors  only  be  fent  to  the  Superior  Court  of  the  Diftrift  of  Ne'iobeni  for  the  faid  County  ; 
any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

Xn.  AND  be  it  Enaaed,  by  the  Authority  afore/aid.  That  the  Veftry  of  tlie  Parilh  of  5/.  Stephen, 
in  John/Ion  County,  as  the  fame  now  ftands  undivided  and  entire,  fhall  from  henceforth  be,  and  is 
hereby  diflblved  and  made  void,  to  all  Intents  and  Purpofes.  Provided  ne'vtrthekfs.  That  all  Ads  of 
the  faid  Veftry,  heretofore  legally  made  and  done,  are  hereby  declared  to  be  as  good  and  valid,  as  if 
this  Ad  had  never  been  made. 

Xin.  AND  be  it  further  EnaBed  by  the  Authority  aforefdidi  That  the  Freeholders  of  the  Parifli  of 
St.  Margaret,  in  the  County  of  Wake,  fhall,  and  they  are  hereby  impowered,  required,  and  directed, 
to  meet  at  the  Place  to  be  appointed  by  the  Commiflioners,  for  appointing  a  proper  and  convenient 
Place  for  building  a  Court-Hoafe,  Prifon,  and  Stocks,  in  the  faid  County  oi  Wake,  on  Eajier  Monday 
next  after  the  pafling  this  Aft,  then  and  there  to  eleft  and  choofe  Twelve  Freeholders  of  the  faid  Parilh 
to  ferve  as  Veftrymen  for  the  faid  Parilh  of  St.  Margareth  :  And  that  the  Freeholders  of  the  Parifh  of 
St.  Stephen,  in  the  County  of  JohnJI on,  fhall,  and  they  are  hereby  impowered,  direfted,  and  required, 
to  meet-  at  Capt.  John  Smith's  aforefaid,  on  Ea^er  Monday  next  after  the  pafling  hereof,  then  and  there 
to  eleft  and  choofe  Twelve  Freeholders  of  the  faid  Pariih  to  feive  as  Veftrymen  of  the  faid  Parifh  ; 
which  Eleftions  Ihall  be  made  by  the  Sheriff  of  yohnj^on  County,  as  the  fame  ftands  now  undivided; 
under  the  li-ke  Rules  and  Reftrictions,  Pains  and  Penalties,  as  well  in  Rcfpect  to  the  faid  Sheriff  as 
the  Freeholders  of  the  faid  Parifhes,  as  other  Elections  of  Veftries  in  this  Province  are  by  Law  ap- 
pointed to  be  made  :  And  the  Freeholders  fo  elected  Veftrymen  for  the  faid  Parifties  refpectively,  after 
taking  the  Oaths  by  Law  appointed  for  their  Qualification,  ftiall  be,  and  they  are  hereby  declared  to 
be  from  thenceforth  the  Veftries  of  the  faid  Parifties  refpectively  ;  and  are  hereby  required  to  exercife 
and  ufe  the  fame  Powers  and  Authorities,  as  other  Veftries  in  this  Province  raay^  can,  or  ought  to 
exercife. 


Commiflioncrs 
appointed  to  run 
the  Line  between 
Johnfton  &Wake 
Counties, 


XIV.  A N D  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  Joel  Lane,  John  Smith,  Theo- 
philus  Hunter,  Farquard  Campbell,  anA  Walter  Giifon,  or  any  Three  of  them,  be,  and  they  are  hereby 
appointed  Commiflioners,  and  impowered  and  required  to  run  the  faid  dividing  Line  between  the 
Counties  aforefaid,  agreeable  to  the  Directions  of  this  Act ;  which  faid  Lines  when  run  by  the  Com-, 
miflioners  aforefaid,  or  any  Two  of  them,  ftiall  be  by  them  entered  on  Record  in  the  Court  of  each  of 
the  faid  Counties  of  Johnjlon  and  Wake,  and  Ihall  thereafter  be  deemed  and  taken  to  be  the  dividing 
Lines  between  the  faid  Counties. 


Tix  laid  for  de- 
fraying the  Ex- 
pence  of  it. 


Royal  Preroga- 
tive of  Incorpo- 
ration, (aved  to 
his  Majefly, 


XV.  AND  for  defraying  the  Charge  of  running  the  faid  Line,  Be  it  further  EnaBed,  by  the  Au- 
thority aforefaid.  That  the  Inferior  Courts  of  each  of  the  faid  Counties  of  Johnjlon  and  Wake  ihall  lay 
fuch  a  Pcll-Tax  on  the  Inhabitants  of  their  rcfpective  Counties  (which  ftiall  be  levied  in  the  fame 
Manner  as  other  Public  Taxes)  as  ftiall  be  fufficient  to  pay  and  fatisfy  their  refpcctive  Commiflioners 
for  the  Charge  and  Trouble  in  running  the  aforefaid  Line, 

XVI.  PROVIDED  alivays.  That  nothing  herein  contained  fliall  be  conftrued,  deemed,  or 
taken,  to  alter  or  derogate  from  the  Right  and  Royal  Prerogative  of  his  Majefty,  his  Heirs  or  Succef- 
fors,  of  granting  Letters  of  Incorporation  to  the  faid  County  of  Wake;  of.ordering,  appointing,  and 
directing,  the  Election  of  Members  to  reprefent  the  fame  in  Aflembly  ;  in  granting  Markets  and  Fairs 
to"  be  kept  and  held  in  the  faid  County  of  Wake ;  but  that  the  faid  Right  and  Prerogative  ftiall  and 
ftiay,  at  all  Times  hereafter,  be  exercifed  therein  by  his  Majefty,  his  Heirs  or  Succeftbrs,  in  as  full 
and  ample  Manner,  to  all  Intents  and  Purpofes  whatfoever,  as  if  this  Act  had  never  been  made. 


CHAP.    XXIII. 


rreauiWe. 


School  Houfe 
vefled  in  Truf- 
tees. 


An  Act  for  vcfting  the  SchooUiioufe  in  Edenton  in  Trujlees. 

I.   XT  T  HER  E  AS  the  Inhabitants  of  the  Town  of  .fisVw^ow,  for  the  promoting  the  Education  of 
y  V     Youth,  and  Encouragement  of  Learning,    have  by  voluntary  Subfcription  purchafed  two 
Lots,  and  erected  a  convenient  School-Houfe  thereon,  in  an  agreeable  and   healthy  Situation  in  the 
faid  Town  :  Therefore,  for  the  rendering  more  ufeful  and  effectual  fo  laudable  an  Undertaking ; 

II.  B  E  it  EnaBed,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of  the  fame.  That 
the  faid  Houfe,  with  the  faid  Two  Lots  of  Land,  be,  and  arc  hereby  veft'ed  in  Jofeph  Blount,  Jofepb 
Heivcs,  Robert  Hardy,  Thomat  Jones,  George  Blair,  Richard  Broiunrigg,  and  Samuel  Johnjlon,  E(qrs. 
and  their  Succeftbrs,  for  ever,  as  Truftees  for  the  feveral  Purpofes  herein  after  mentioned  ;  and  on 
the  Death  or  Removal  out  of  Cho^van  County  of  any  of  the  faid  Truftees,  it  ftiall  and  may  be  lawful 
for  the  Majority  of  the  remaining  Truftees,  to  eleft  and  choofe  another  Truftee  or  Truftees,  in  the 
Room  and  Stead  of  him  or  them  fo  djing  or  removing. 


Impowered  to  re 
feive    Donations, 


III.  A  N  D  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  faid  Truftees,  or  a  Majority 
of  them,  are  hereby  impowered  to  receive  and  take  all  fuch  voluntary  Subfcriptions  or  Donations  as 
"nd^'make  Rules  any  Pcrfon  or.Pcrfons  may  think  proper  to  bcftow,  for  enlarging,  improving,  and  endowing  the  feid 
for  the  School.  School ; 


LAWS    of    North-Carolina. 


479 


1770. 


School ;  and  alfo  to  agree  with,  and  employ  one  or  more  Perfon  or  Perfons,  of  approved  Morals,  and     A.   D. 

well  inftrufted  in  the  Languages,  to  prefide  in,  and  keep  the  faid  School ;    and  on  the  Miibehaviouf 

of  the  faid  School-Mafter  or  School-Mailers,  to  remove  him  or  them,  and  to  appoint  another  or  others 

in  his  or  their  Stead  ;  and,  from  Time  to  Time,  to  make  and  ordain  fuch  other  Rules,  Orders,  and 

PvCgulations,  for  the  well  ordering  and  good  Government  of  the  faid  School,  as  to  them  fhall'feem 

r-icct  and  convenient ;    provided  the  faid  Rules  correfpond,  and  be,  as  near  as  may  be,  agreeable  to 

the  Laws  of  Great  Britain  and  this  Province. 

IV.  PROVIDED  ahvays.  That  no  Perfon  Ihall  be  admitted  to  be  Mafter  of  the  faid  School,  Provifo  for  Maf- 
but  who  is  of  the  eltablilhed  Church  oi  England ;  and  who,  at  the  Recommendation  of  the  Trufteet,  "f  to  be  of  th» 
or  a  Majority  of  them,  ihall  be  duly  licenced  by  the  Governor,  or  Commander  in  Chief  for  the  Time    ««-»'>li<h'JCl,urch 

bein?.  •  ^""^     licenced    by 


the  Cjveinor, 


CHAP.     XXIV. 

An  Atl  for  ere5ling  a  new  County  between  the  Towns  <?/Salifbury  and  Hillfborou»h,  by 
taking  Part  of  the  Counties  of  Rowan  and  Orano-e. 


WHEREAS  the  gieat  Extent  of  the  refpeflive  Counties  oi  Roijoan  and  Orange  render  the     „       ., 
A . r -!..   >_L.i-:.__..  _r  D._.  „f  o /^ __j    .i_  _  1    ,     ■•  °    ^.  Preambles 


I.      .,_ 

Attenaance  of  the  Inhabitants  of  Part  of  Roiuan  County,  and  the  Inhabitanirof  the  upper 
Part  of  Orange  County,  to  do  public  Duties  in  their  refpcftive  Counties,  extremely  diificult  and  ex- 
penfive  :  For  Remedy  whereof, 

II.  B  E  it  EnaSled,  hy  the  Governor,  Council,  and  JJcmbly,  and  hy  the  Authority  0/  the  fame,  That     GuUford  County 
a  Line  beginning  at  a  Point  Twenty  Five  Miles  due  Weft  oi Hilljborough,  running  thence  North  to    erefled. 

the  Firgir.ia  Line,  then  Weft  to  a  Point  due  North  cf  the  Painted  6f  rings,  then  South  to  Jnfon  Line, 
then  along  An/on  and  Cumberland  hines,  to  a  Point  due  South  of  the  Beginning,  then  North  to  the  Be- 
ginning, be  ereded  into  a  diftinft  County,  by  the  Name  oi  Guilford,  and  Unity  Parilh, 

III.  AND  for  the  due  Adminiftration  of  Jnftice,  Be  it  Enaiiei,  by  the  Authority  afore/aid.  That  Courts  for  fvd 
from  and  after  the  Firft  Day  oi  April  next,  an  Inferior  Court  of  Pleas  and  Quarter  Seflrons  be  con-  County  when 
ftantly  held  for  the  faid  County,  on  the  Second  Tuejdays  in  February,  May,  Augujl,  and  No-uember,  at 
the  Honfeof  Mr.  Robert  Lind/ay,  by  Commiffion  to  the  Juftices,  in  the  fame  Manner  as  other  Inferior 
"Courts  of  Pleas  and  Quarter  Seflions  are  held  within  this  Province  ;  and  the  faid  Inferior  Court  ihall 
take  Cognizance  of  all  Matters,  Suits,  and  Things,  and  is  hereby  vefted  with  the  fame  Powers,  Ju- 
rlfdidlions,  and  Authorities,  as  any  other  Inferior  Court  iliall  or  can  have  within  this  Province. 


held. 


IV.  AND  be  it  further  Enaiied,  by  the  Authority  aforefaid,  That  the  faid  Juftices  to  be  appointed  luft: 
for  the  County  of  Guilford,  are  hereby  direited  to  meet  on  the  Second  Tuej'day  in  May  next,  at  the  Cou 
Houfe  of  Mr.  Robert  Lindjay  aforefaid,  and  take  the  Oaths  appointed  for  their  Qualilicaiion;  and  the 
Juftices  of  the  faid  County  oi  Guilford,  or  any  Three  of  them,  after  being  fo  qualified,  Ihall  hold  an 
Inferior  Court  cf  Pleas  and  Quarter  Scfiions,  at  the  Times  and'  Places  herein  before  appointed : 
And  the  faid  Juftices  of  the  Peace,  and  every  of  them,  at  ail  Times  during  their  Continuance  in  Office, 
as  well  within  the  Inferior  Courts  of  Pleas  and  Quarter  Seffions  as  without,  Ihall  have  and  exercife  the 
f;ime  Powers  and  Authorities,  and  be  fubjeft  to  tae  fame  Forfeitures  and  Penalties,  as  other  Juftices  of 
the  Peace  of  the  fe\'eral  Counties  within  this  Province  are  liable. 


ces  tj   hoW 

Court, 


V.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  a  Poll-Tax  of  Two  Shillings  be 
laid  on  each  taxable  Perfon  of  the  faid  County  of  Guilford,  for  Three  Years,  for  building  a  Court- 
Houfe,  Prifon,  and  Stocks,  in  the  iaid  County  ;  which  faid  Tax  ftiall  be  collefted  by  the  Sheriff  of 
the  faid  County,  at  fuch  Times,  and  in  the  iame  Manner,  as  other  Taxes  are  collected,  and  ihall  be 
■paid  to  the  Perlon  or  Perlons  who  Ihall  be  impowered  to  receive  the  fame. 

VI.  AND  he  further  Enabled,  by  the  Authority  aforefaid.  That  nothing  herein  contained  fliall  be 
xonfirued  to  debar  tJie  Shenlr  of  the  County  of  Rcwan,  or  the  Sheriff  of  the  County  of  Orange,  as  the 
faid  Counties  ftand  refpeitively  undivided,  to  make  Diftrefs  for  any  Taxes,  Levies,  F^es,  or  other 
Dues,  that  fhail  be  due  from  the  Inhabitants  of  the  faid  Counties  on  the  Firft  Day  oi  April  next,  in 
the  fame  Manner  as  by  Law  the  faid  Sheriffs  refpec^ively  might  or  could  do  if  the  faid  Counties  had 
remained  undivided  ;  and  the  faid  Taxes  ihall  be  collected  and  accounted  for  in  the  fame  Manner  as  if 
this  Act  had  never  been  made ;  any  'I  ning  herein  contained,  to  the  contrary,  notwithftanding. 

VII.  AN D  to  the  End  that  no  Action  commenced  in  Ronvan  Coartty,  or  Orange  County,  be  de- 
feated by  the  Divifion  aforefaid  ;  Be  it  Enabled,  by  the  Authority  aforefaid.  That  where  any  Action  al- 
ready commented  in  Rowan  County,  or  Orange  County,  and  the  Parties  or  Evidences  fliall  be  Inhabi- 
tants of  Guilford  Coixniy,  all  fubftquent  Procefs  againft  fuch  Parties  or  Witnefles  ihall  be  directed  to 
■be  executed  by  the  Sheriff  of  ^o<u;a/j,  if  fuch  Action  was  commenced  in  the  County  ot  Rowan,  or  by 
the  Sheriff  of  Ora«^f,  if  fuch  Action  was  commenced  in  the  Couniy  of  Orange,  to  the  End  and  final 
Determination  of  the  faid  Caufes ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

yill.  AND  be  it  further  Enacled,  by  the  Authority  aforefaid.  That  from  and  after  the  paffing  of 
this  Aft  the  faid  County  of  Guilford,  fhall   be  and  continue  Part  of  the  Diftriit  of  the  Superior  Court 

held 


Tax  lad    for   e- 

reiling  Public 
Buildings  for  laid 
County. 


Sheriffs  to  m»k4 
Difttels  for  Taxes 
Is  before  the  Di- 
vilioii. 


S^its  bpfan  in 
Rowan  nrt)r^ni;e, 
biicr.tf,  of  th.jfc 
Courit  es  to  exi- 

cule  aji  fublu- 
quent  I'iocefi. 


Guilford  Part  of 
Sail/bury  Diftria. 


48o 


LAWS    of    North-Carolina. 


A.  D.    1770. 


Numbur  of  Ju- 
rors CO  be  lenc. 


Sheriff  to  acount 
with  tha  South- 
ern "frealur. 


Jurors  for  Anfon 
and  Mecklenburg 
Counties, 


Sheriff?  for  Guil- 
fura  how  appoint- 
ed, and  to  ac- 
count with  the 
fouthern  Tre»- 
furer. 


Court  H^ufe, 
&c.  to  be  built. 


ComniilTnners 
f>r   running    the 
Lines,  and  build- 
ing   a    Court 
Houfe,  &c. 


Rnyal  Preroga- 
tive or  Incorpo- 
ration favcd  to 
his  Majefty. 


Vdftry  for  Unity 
Pari(h  to  be  e- 
le£led. 


held  for  theDiftria  oi  Salljbury  ;  and  the  Juftices  of  the  faid  County  oi  Guilforii  Ihall,  and  are  hereby 
direded,  at  the  Court  to  be  held  for  the  faid  County  next  preceeding  evety  Superior  Court,  to  nomi- 
nate fix  Freeholders  to  ferve  as  Grand  and  Petit  Jurors  at  fuch  Superior  Court,  a  Lift  of  fuch  Jurors  fo 
nominated  fhall  be  delivered  by  the  Clerk  of  fuch  Court  to  the  Sheriff,  who  fhall,  and  is  hereby  re- 
quired, to  fummon  fuch  Perfons  fo  nominated  to  ferve  as  Jurymen  at  luch  Superior  Court  of  Juflice 
held  for  the  Diftrid  oi  Salrjbury  ;  which  Jurymen  fo  nominated  Ihall  have  and  receve  the  fame  Allow- 
ance, and  fhall  be  unjfier  the  fame  Rules,  Fines,  and  Reftridions,  as  other  Jurymen  are  in  the  re- 
fpedive  Counties  in  this  Province.  And  the  Sheriff  of  the  faid  County  oi  Guilford  (hall  from  Time 
to"Time,  acount  for  and  pay  to  the  Public  Treafurer  of  the  Southern  Diftrid  of  this  Province,  for 
the  Time  being,  all  Public  Levies  by  him  coUeded,  or  wherewith  he  fliall  fland  chargeable,  in  the 
fame  Manner,  and  under  the  fame  Pains  and  Penalties,  as  other  Sheriffs  of  the  faid  Diftric^. 

IX.  AND  whereas  the  Jurors  appointed  by  Law  to  ferve  at  the  Superior  Court  for  the  Diftrid  of 
Salijbury,  were  limited  to  ten  for  Anjon  County,  eight  for  Mecklenburg,  and  fix  for  7ryon  County  ;  Be 
it  EnaSled,  by  the  Authority  afore/aid.  That  the  Jurors  attending  the  faid  Superior  Court  after  the  pafT- 
ing  of  this  Ad,  ftiall  be  only  fix  for  the  County  of  A7ifon,  and  fix  for  the  County  of  Meckhnburg ; 
any  Thing  in  any  former  Law  contained  to  the  contrary  notwithftanding. 

X.  AND  he  it  further  Enaded,  by  the  Authority  afore/aid.  That  the  feveral  Sheriffs  to  be  com- 
mifhoned  for  the  County  of  Guiljord  fhall  be  in  the  fame  Manner  as  is  direded  for  appointing  and 
commifhoning  Sheriffs  in  the  other  Counties  in  this  Province  j  which  Sheriffs  fo  commiffiontd  fh;ill 
account  with,  and  pay  to  the  Treafurer  of  the  Southern  Diftrid,  all  Monies  which  he  fhall  or  ought 
to  receive,  in  the  fame  Manner  as  other  Sheriffs,  and  fhall  have  the  fame  Powers  and  Authorities, 
and  be  liable  to  the  fame  Fines,  Forfeitures,  and  Penalties,  as  are  direded  and  inflicted  by  feveral 
Acts  of  Aifembly  of  this  Province. 

XL  AND  be  it  further  Enaded,  by  the  Authority  afortfaid.  That  the  Commiflioners,  or  the 
Majority  of  them,  hereinafter  appointed,  are  hereby  impowered  and  direded  to  employ  Workmen  for 
building  a  Court-Houfe,  Prifon,  and  Stocks,  in  the  faid  County,  for  the  Uie  of  the  faid  County  of 
Guiljord  ;  and  the  faid  Court,  and  all  Caufes,  Matters,  and  Things,  in  the  fame  depending,  after 
fuch  Court-Houfe  fhall  be  built,  fhall  ftand  adjourned  from  ihei'lace  where  the  Court  ftiould  before 
have  been  held,  to  the  Court-Houfe. 

XIL  AND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  ]ohn  Pryor,  Edtnund  Fanning, 
Alexander  Mauin,  Matthew  Locke,  ]ohn  Dunn,  Griffith  Rutherford,  and  ]ohn  Campbell,  Efquirs,  or 
the  Majority  of  them,  be,  and  they  are  hereby  appointed  Commiffioners  for  laying  oft' and  appointing 
a  Place,  and  thereon  erecting  the  Court-Houle,  Prifon,  and  Stocks,  for  the  laid  County  of  G«/7- 
ford,  and  for  running  the  dividing  Lines  between  the  faid  County  of  Guilford  and  the  Counties  of 
Rovjan  and  Orange,  agreeable  to  the  Directions- in  this  Act  before  mentioned;  which  faid  Com- 
miffioners fhall  be  paid  their  neceffary  Expences  for  running  the  faid  Lines  by  the  County  of  Guilford, 
out  of  the  County  Tax. 

XIIL  P RO  VID E D  alvuays.  That  nothing  hererein  contained  Ihall  be  conftriied,  deemed,  or 
taken,  to  alter  or  derogate  from  the  Right  and  Royal  Prerogative  of  his  Majefty,  his  Heirs  and  Suc- 
ceffors,  for  granting  Letters  of  Incorporation  to  the  faid  County  of  Guilfcrd,  and  the  Direction  of 
a  Member  or  Members  to  reprefent  the  faid  County  in  the  General  Aflembly  of  this  Province,  of 
granting  Markets  and  Fairs  to  be  kept  and  held  therein  ;  but  that  the  Right  and  Royal  Prerogative 
ihall  and  may  at  all  Times  hereafter,  be  exercifed  therein  by  his  faid  Majefty,  his  Heirs  and  Suc- 
ceffors,  in  as  full  and  ample  a  Manner,  to  all  Intents  and  Purpofes  whatlbever,  as  if  this  Act  had 
never  been  made. 

XIV.  AND  be  it  further  Enaiied,  by  the  Authority  aforefaid.  That  the  Freeholders  of  the  faid 
Parifh  of  Unity  fhall,  on  next  Ea/ter  Monday,  meet  at  the  Place  where  the  Inferior  Court  of  the  County 
oi  Guilford  \s  held,  then  and  there  to  choofe  and  eled  Veftrymen  for  the  faid  Parifli  of  Unity  ;  which 
Veftrymen  fo  chofen  fhall  be  invefted  with  the  fame  Powers  and  Authorities,  and  liable  to  the  fame 
Rules,  Reftridions,  and  Penalties,  as  other  Veftries  are  by  Law  fubjeded  to  ;  which  Veftrymen  fo 
thofen  and  eleded  fhall  be  and  remain  the  Veftry  of  the  faid  Parifti  of  Unity,  until  the  Time  by  Law- 
appointed  for  the  Eledion  of  Veftrymen  throughout  this  Province. 


Repealed  by  Pro- 
clamation. 


CHAP.     XXV. 

An  A51  for  auihorifing  Prefbyterian  Minifters^  regularly  called  to  any  Congregation 
within  this  Province^  to  folemnize  the  Rites  of  Matrimony,  under  the  Regulations 
therein  mentioned. 


Preamble. 


CHAP.     XXVI. 

An  ASi  to  amend  and  continue  an  A51,  For  facilitating  the  Navigation  of  Port  Bath, 
Port  Roanoke,  and  Port  Beaufort. 

!•  TT /"HERE  AS  many  Ships  and  Veffels  bound  into  Occacock  Inlet  are  frequently  detained  on 
Vy     the  Outfide  of  the  faid  Inlet  by  the  Negligence  of  the  Pilots,    to  the  great  Injury  of  the 

Perfons 


L  j4  f^  S    of    North  -C  a  k  o  l  i  n  a. 


481 


Perfons  concerned  in  the  faid  Ships  and  Ve/ll'!s :  And  whereas  the  Rates  allowed  for  piloting  Vefiels  A.  D.  1770. 
into  the  iaid  Inlet,  by  the  before  recited  AA,  are  inadequate  to  the  Expence  cf  Boats  and  Hands  pro-  u«*-~v~~^ 
per  to  be  employed  in  fuch  Service : 

II.     BE  it  there/Sre  Enabled  hy  the  Governor,   Council,  and  /IJfembly,  and  by  the  A.tthority  of  the  fame,  "  Rates   of   Filot- 
That  from  and  after  the  Firlt  Day  of  A/arc^  next,  there  Ihall   be  paid  and  allowed  to  every  Branch    age 
Pilot,  who  (hall  be  provided  with  a  good  decked  Boat,  well  fitted  with  Siils  and  i'^ig^ing,  and  who 
Ihall  take  Charge  of  any  Ship  or  Veflel  at  Sea,  the  following  Pilotage  ;  that  is  to  fay, 

FOR  every  Ship  or  Veflel  that  draws  Nine  Feet  Water,  or  lefs,  from  the  Outfide  of  the  Bar  of 
Occacock  into  Beacon  liland  Road,  or  any  other  Harbour  where  V'eflcls  ufually  anchor  at.  Four  Shil- 
lings, Proclamation  Money,  per  Foot.     And 

■  FOR  every  VefTcl  drawing  Nine  Feet  Water,  or   upwards.  Five  Shillings,  Proclamation  Money, 
per  Foot ;    and  that  the  Pilotage  outwards  be  and  remain  the  fame  as  mentioned  in  the  before  recited 

Aa. 


III.  A  N  D  for  the  further  Encouragement  of  Pilots  to  board  Veflels  at  Sea,  Be  it  further  EnaSied,  Pi'<'t»  fensuJinj 
hy  the  Authority  afore/aid,  .That  when  3ny  Pilot  fliall  offer  his  Service  to  any  Mafter  of  a  Ve/Tel,  bound  ^e"^'^  ^'^  ^^^' 
into  the  faid  Inlet  o\  Occacock,  he  fhall  be  intitled,  although  the  IVlalter  of  fuch  Vellti  Ihall  refufe  to 
employ  him ,  to  the  fame  Fees  which  he  would  have  been  intitled  to  if  he  had  taken  Charge  of  the  faid 
VefTcl,  and  the  Mailer  iliall  be  obliged  to  pay  the  fame  accordingly :  And  if  any  Ship  or  Vcffel,  com- 
ing into  the  faid  Inlet  cf  Occacock,  and  taking  a  Pilot  on  Board,  ihall  be  by  contrary  Winds,  or  other- 
wife,  drove  off  the  Coaft,  the  Mafter  or  Owner  of  fuch  \''eflel  fhall  allow  and  pay  the  laid  Pilot  Two 
Shillings  and  Eight  Pence,  for  each  and  every  Day  he  Ihall  be  on  Board  the  faid  Vefl'el,  over  and 
above  his  Pilotage.  •  ^ 


lowcJ  t'ilotagL 


Allowance  to  I'i- 
lots  carried  to 
Sea  in  any  Vef« 
fd. 


IV.  A  N D  he  it  further  EnaHed,  by  the  Authority  aforefaid.  That  when  any  Branch  Pilot  fhall  fee    Pen.    on    Pilots 

any  Veflel  on  the  Coaft,  having  a  Signal  for  5  Pilot,  and  ihall  negled  or  refufe  to  go  to  the  AfTiftance    ncgkaing  to  go 

of  fuch  Vcfil-1,  on  proper  Proof  bein?  mac'e  of  fuch  Nepleft  or  Refui'al,  fliall  forfeit  and  pay  the  Sura    °"f    *    ,"     1*" 
r  rr.  I.  1  -  I'i       «  -!■  r  IN   I        •  ^  V.  1  •       ,  •    ,,        •  >         "''«     made     tor 

ol  1  wenty  l-'ounds ;  to  be  recovered  by  Attion  of  Debt,  in  any  Court  of  Record  in  this  Piovyice  ;  the    tliera. 

one  Half  to  the  Informer,  the  other  Half  to  the  Mailer  or  Owner  of  fuch  Ship  or  Vcffel. 

V.  AND  be  it  further  Enaiied,  hy  the  Authority  aforefaid.  That  when  any  Ship  or  Veflel,  bound  Vcffeli  havJn" 
to  cither  of  the  Ports  o{  Roanokt,  Bath, -or  Ban  fort,  having  the  Smallpox,  or  any  ocher  jnfcdious  inlcdlionj  D  1 - 
Diilemper  on  B3?lrd,  the  Mafter  and  l^ilot  of  fuch  Ship  or  Vellel  fhall  give  immediate  Information  fmpcrs,  oblig- 
thcreof  to  the  Comniiffioners  of  (he  Navigation  of  the  Port  they  are  bound  to  ;  and  the  laid  Cominif-  ^'^  ''^  perform 
fioners,  or  any  l'hre?of  them,  aie  hereby  inrpowercd  and  dircilled  to  order  and  command  the  faid  Q^^""'""'' 
Mafter  of  fuch  Ship  or  Veifcl  to  perform  Quareniine  with  hi,s  liiid  Veffel,  at  fucii  Place,  and  Nunnber 

of  Days,  i^  they  fliall  think' necefi'ary  :  And  if  the  faid  Mafter  or  Pilot  fhall  negleilt  or  refufe  to  give 
fuch  Information,  ihey  fliall  forfeit  and  pay  the  Sum  of  One  Hundred  Pounds,  Proclamation  Money; 
to  be  recovcrecLand  applied  in  the  fame  Manner  as  other  Fines  and  Forfeitures  aie  diiccled  in  the 
before  recited  Act.  . 

VI.  A  N  D  be  it  further  EnaSed,  hy  the  Authority  aforefaid,  "thztChrifepherNeale,  Jacob  Si/epard,     Commiflioners 
and  Richard  Ellis,  Efquires,    be  appointed  Commiifioners  for  the  Port  of  Beaifrt,    in   ihe  Room  of    f"'    ''""   Bcau- 
Gabriel  Cathcart,  Thomas  Clifford  Hoive,  and  John  imith,  deceafed  j  and  Daniel  Maxwell  iot  the  Port    *""' 

of  Bath,  in  the  Room  of  Peter  Blinn,  deceafed. 

VII.  AND  be  it  further  Enaiied,  by  the  Authority  aforefaid.  That  the  CommifTioners  of  Port  I'^mplico  RJvcr 
Bath  be,  and  they  are  hereby  authorized  and  impowered,  to  order  and  diredt  the  Perfons  appointed  by  to  be  ftjjccd  out. 
them   to  flake  out  the  Channel  leading  from  Occacock  to  the  faid  Port  of  Bath,  to  put  and  keep  up 

Stakes,  at  neceifary  Places  in  the  River  Pampluo,  to  the  Mouth  of  Tranter's  Creek  j  any  Tiling  in  the 
before  recited  Aft  to  the  contrary  notwithftanding. 


VIII.     AND   be  it  further  EnaBed,    by  the  Authority  aforefaid.  That  this,  and  the  before  recited"  Continuance 
Acl,  fhall  continue  and  be  in  Force  for  and  during  the  Term  of  Ten  Yea/s,  from  tke  pafling  of  this    the  Ad. 
Acl,  and  from  thence  to  the  End  of  the  next  Seflion  of  AfTembly. 


of 


CHAP.     XXVII. 

An  Act  for  efiabliJJoing  a  new  County  between  Campbleton  and  Hillfborough,  hy  taking 
the  Southern  Fart  of  the  Inhabit anis  oj  Orange  County,  and  by  erecting  the  fame  into  a 
diftinct  County,  by  the  I^J ante  cf  Lhjithm-]  County,  and  St.  Batholomcvf  l^arifb. 

I.    iTl  7  HERE  AS  the  great  Extent  of  the  County  of  Orange  render  the  Attendance  of  the  Inhabi-    Preimbi-, 

W     tants  of  the  Southern  Part  thereof  to  do  public  Duties  extremely  diliicult  and  expcnlive; 
For  Remedy  wjicreof, 

II.'     B  E  it  Enaiird,  by  the  Governor,  Council,   and  Affcmbly,  and  hy  the  Authority  of  the  fame.  That     c;,j(hatn.  C mntv 
from  and  aiter  the  Fi, it  Day  cf  yy/>;/ next,  the  Inhabitants  ol  the  County  of  Oz-a/z^f,  lying  to  the  South    trctlcd. 
of  a.  Point  Sixteen  Miles  due  South  oi  HUlfliorough,  ar.d  bounded  as  follows,  to  ivit.  Beginning  at  the 
•  S  f  f  albicfaid 


482 


LAWS    of    North-Carolina. 


A,  D.  1770-  aforefaid  Point,  running  thence  due  Weft  to  Guilford  County  Line;  thence  South  along  Guilford 
County  Line  to  Cumberland  County  Line ;  thence  along  Cumberland  and  IVake  County  Lini^s  to  a 
Point  due  Eaft  of  the  Beginning  ;  thence  due  Weft  to  the  Beginning  ;  be  erefted  into  a  diftinft  Coun- 
ty, by  the  Name  of  Chatham  County,  and  St.  Bartholomeuu  Farifti. 


Courts  for  Chat- 
ham when  heU. 


Juftice: 
Court 


s    to    hold 


Tax  laid  for 
building  a  Court- 
Iloufe,  Sec, 


Sheriff  of  Oran?: 
to  diftrain  for 
Taxes  as  before 
thfe  Divilion. 


Suits  commenced 
|l*iii  Orange,  She- 
riff, of  that 
County  to  exe- 
cute all  fubfe- 
quent  Procefs. 


Chatham  Part  of 

HiilfboroughDif 
tria. 


Jurors    for      faid 
C  JUDty. 


Sheriff  to  account 
with  the  North- 
ern Treafurer. 


Jurors  for  Orange 
County, 


Sheriffs  for  Chat- 
ham how  ap- 
pointed. 


in.  AND  for  the  due  Adminiftration  of  Juftice  ;  Be  it  Enaiied  by  the  Authority  aforefaid.  That 
from  and  after  the  faid  Firft  Day  of  April  next,  an  Inferior  Court  of  Pleas  and  Quarter  Seffions  be 
conftantly  held  for  the  faid  County  of  Chatham,  on  the  firft  Tuefdays  in  February,  May,  Auguft  and 
November, f\x\  every  Year,  at  Capt.  Stephen  Poe's  Houfe,  by  Commiflion  to  the  Juftices,  in  the  fame 
Manner  as  other  Inferior  Courts  of  Pleas  and  Quarter  Seflions  are  held  within  this  Province  ;  and  the 
faid  Inferior  Court  ftiall  take  Cognizance  of  all  Matters,  Suits  and  Things,  and  is  hereby  veiled  with 
the  fame  Powers,  Jurifdiftions  and  Authorities,  as  any  other  Inferior  Court  ftiaU  or  can  have  within 
this  Province. 

IV.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  the  faid  Juftices  to  be  appointed 
for  the  County  of  Chatham  aforefaid,  are  hereby  direihted  to  meet  on  the  Firft  Tuefday  in  May  next,  at 
Stephen  Poe's  aforefaid,  and  take  the  Oaths  appointed  for  their  Qualifications ;  and  the  Juftices  of  the 
faid  County  of  Chatham,  or  any  Three  of  them,  after  being  fo  qualified,  (hall  hold  an  Interior  Court 
of  Pleas  and  Quarter  Seflions,  at  the  Place  and  Times  herein  before  appointed  ;  and  every  of  them, 
at  all  Times  during  their  Continuance  in  Office,  as  well  within  the  Inferior  Court  of  Pleas  and  Quarter 
Seifions  as  without,  ftiall  have  and  exercife  the  fame  Powers  and  Authorities,  and  be  fubjeft  to  the 
fame  Forfeitures  and  Penalties,  as  other  Juftices  of  the  Peace  within  the  ieveral  Counties  in  thii 
Province  are  liable  to. 

V.  AND  he  it  fiifther  EnaSed,  by  the  Authority  aforefaid.  That  a  Poll-Tax  of  Two  Shillings,  be 
laid  on  each  taxable  Perfon  of  the  faid  County  of  Chatham,  for  Three  Years,  for  building  a  Court- 
Houfe,  Prifon  and  Stocks  therein  ;  which  Tax  Ihall  be  collefted  by  the  Sherift"of  the  County  afore- 
faid, at  fuch  Times,  and  in  the  fame  Manner  as  other  Taxes  are  eoUefted  ;  and  Ihall  be  paid  to 
the  Perfon  or  Perfons  who  fliall  be  impovvered  to  receive  the  fame. 

VI.  A  N  D  be  it  further  Enai}ed,  by  the  Authority  aforefaid.  That  nothing  herein  contained  (hall 
be  conftrued  to  debar  the  Sheriftof  the  County  oi  Orange,  as  the  faid  Counties  ftand  undivided,  to 
make  Diftrefs  for  any  Taxes,  Levies,  Fees,  or  other  Dues  that  ftiall  be  due  from  the  Inhabitants  of 
the  faid  County,  on  the  firft  Day  of  April  next,  in  the  fame  Manner  as  by  Law  the  faid  Sheriff  might 
or  could  do  il  the  faid  Counties  had  remained  undivided ;  and  the  faid  Taxes  fliall  be  colleded  and 
accounted  for  in  the  fame  manner  as  if  this  Act  had  never  been  made  :  Any  Thing  herein  contained 
to  the  contrary  notwithftanding. 

.  VII.  A  N  D  to  the  End  that  no  Aftion  commenced  in  Orange  County  be  defeated  by  the  Divifi- 
on  aforefaid  ;  Be  it  Enabled,  by  the  Authority  aforefaid.  That  where  any  Adlion  is  already  commenced 
in  Orange  County,  and  the  Parties  or  Eviaences  fhall  be  Inhabitants  of  Chatham  Courfty,  all  fubfe- 
quent  Procefs  againft  fuch  Parties  or  WitnefTes,  fhall  be  diredled  to  be  executed  by  the  Sheriff  of 
Orange,  to  the  End  and  final  Determination  of  faid  Caufes :  Any  Law,  Ufage,  or  Cuftom  to  the  con- 
trary, notwithftanding. 

VIII.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  from  and  after  the  pafling  of 
this  Ad,  the  faid  County  oi  Chatham  fliall  be  and  continue  Part  of  the  Diftrid  of  the  Superior 
Court  of  Juftice  held  for  the  Diftrid  of  HiUfiorough,  at  the  Town  of  Hillfhorough  ;  and  the  Juftices  of 
the  faid  County  oi  Chatham  fhall,  and  they  are  hereby  direded,  at  the  Court  to  be  held  for  the  faid 
County,  next  preceeding  every  Superior  Court,  to  nominate  Eight  Freeholders,  to  ferve  as  Grand 
and  Petit  Jurors  at  fuch  Superior  Court ;  and  a  Lift  of  fuch  Jurors  fo  nominated,  fhall  be  delivered 
by  the  Clerk  of  fuch  Court  to  the  Sherift";  who  fhall,  and  is  hereby  required,  to  fummon  fuch  Per- 
fons fo  nominated  to  ferve  as  Jurymen  at  fuch  Superior  Court  of  Juftice  to  be  held  for  the  Diftrid  of 
Hillfhorough  ;  which  Jurymen  fo  nominated,  fhall  have  and  receive  the  fame  Allowance,  and  be  un- 
der the  fame  Rules,  Fines  and  Reftridions,  as  other  Jurymen  are  in  the  refpedive  Counties  in  this 
Province:  And  the  Sheriff  of  the  faid  County  of  C/6^/2'«w  fhall,  from  Time  to  Time,  account  for 
and  pay  to  the  Public  Treafurer  of  the  Northern  Diibidofthis  Province,  for  the  Time  being,  all 
Public  Levies  by  him  colleded,  or  wherewith  he  ftiall  ftand  chargeable,  in  the  fame  Manner,  and 
under  the  fame  Pains  and  Penalties,  as  other  Sheriffs  of  the  faid  Diftrid. 

IX.  AND  whereas  the  Jurors  appointed  by  Law  to  ferve  at  the  Superior  Court  for  the  Diftrict 
of  Hillfhorough,  were  limited  to  Thirty-fix  for  Orange  County  ;  Be  it  Enacted,  by  the  Authority  afore- 
faid. That  the  Jurors  attending  the  faid  Superior  Court,  after  the  paffing  of  this  Act,  fliall  be  only 

Twenty-two  for  faid  County  :  Any  Thing  herein  contained  to  the  contrary  notwithftanding. 

X.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  feveral  Sheriffs  to  be  commilfi- 
oned  for  the  faid  County  of  Chatham  fhal!  be  in  the  fame  Manner  as  is  directed  for  appointing  and 
commiffioning  Sheriffs  in  the  other  Counties  in  this  Province ;  which  Sheriffs  fo  comniiflioned  fhall 
account  with,  and  pay  to  the  Treafurer  of  the  Northern  Diftrict,  all  the  Monies  which  he 
fhall  or  ought  to  receive,  in  the  fame  Manner  as  other  Sheriffs,  and  fliall  have  the  fame  Powers  and 
Authorities,  and  be  liable  to  the  fame  Fines,  P'orfeitures,  and  Penalties,  as  are  directed  and  inflicted 
by  the  feveral  Acts  of  Affembly  in  this  Province. 


XL  AN 9 


LAWS    of    North-Carolina. 


483 


XI.  AND  he  it  further  Enaded,  by  the  Authority  aforefaid.  That  the  Commiffioners,  or  a  Majority  A,  D.    lyjo. 
of  them,    herein  afcer  appointed,  are   hereby   im powered  and  directed  to  employ   Workmen  to  build      v.— "-v"  .»> 
a  Court- Houfc,  Prifon,  and  Stocks,  in  the  (aid  County,  for  theUfe  thereof;  and  the  faid  Court,  and  Commiflionfrs  to 
all  Caufes,    Matters,  and  Things,  in  the  fame  depenaing,  after  fuch  Court-Houfe  (hall  be  fo  built,  ''"''''^   "    ^o"''* 
fhall  (land  adjourned  from   the  Place  where  the  Court  fiiall  before  have  been  held,  to  the  Court-  "-'"''•■***=* 
Houfe. 

XII,  AND  he  it  further  EnaBed,  hy  the  Authority  afore/aid,  That  Edmund  Fanning,  Mark  Mor-  And  apooint  the 
gan,  Richard  Parker,  Stephen  Poe,  and  Richard  Cheek,  or  a  IVl  .jority  uf  them,  be,  and  they  are  here-  l''^"''"  building 
by  appointed  Commiffioners  to  lay  off  and  appoint  the  Plav.e  where  the  Court-Houfe,  Prifon,  and  iivfa"„  "! '""'*** 
Stocks,  for  the  Ufe  of  the  faid  County  of  Chatham,  fliali  be   built,  and  there  to  erect,  or  caufe  the 

fame  to  be  erected,  and  to  run  the  dii/jding  Lifie  between  the  County  of  Orange  and  the  faid  County 
of  Chatham,  agreeable  to  the  Directions  in  this  Act  before  mentioned  ;  which  faid  Commiffioners 
fhall  be  paid  their  neceffary  Expences  for  running  the  faid  Lines  by  the  faid  County  of  Chatham,  out 
of  the  County  Tax. 

XIII>  PROVIDED  always.  That  notl)ing  herein  contained  (hall  be  conftrued,  deemed,  or  Royil  Premga- 
taken,  to  alter  or  derogate  from  tlic  Rigiic  and  R  i>al  i'rercgiuive  of  his  Majefty,  his  Heirs  and  Sue-  ''"^  of  Incnrpo- 
cefibrs,  for  granting  Letters  of  lncorp<  ration  to  the  laid  County  of  Chatham,  and  the  Direftion  of  a  Jf'")/!  /^'^<*  w 
Member  or  Members  to  reprefent  ciic  faid  Cjunty  in  tlie  General  Alfembly  of  this  Province,   and  of  *■*'■  ^" 

granting  Markets  and  Fairs  to  bt;  kept  and  held  therein  ;  but  that  tne  Right  and  Royal  Prerogative 
(liail  and  may,  at  all  Times  hereaiter,  be  txercilcd  therein  by  his  iaid  Majefty,  his  Heirs,  and  Suc- 
ceffors,  in  as  full  and  ample  a  Manner,  to  all  intenti>  and  Purpofes  whaifoever,  as  if  this  act  had  ne- 
ver been  made. 

XIV.  AND  he  it  further  EnaHed,  by  the  Authority  cforefaiJ,  That  the  Veftry  ofthe  Parilh  of  Veftry  of  St, 
St.  Matthew's,  in  Orange  County,  ui  the  fame  now  Hands  undivided  and  entire,  Ihall  from  henceforth  Matthew'i  dit* 
be,  and  is  hereby  diilblved  and  made  void,  to  all  Intents  and  Purpofcs. 


Uved. 


XV.  PROVIDED  neverihelefs.  That  all  Afts  of  the  faid  Veftry  heretofore  legally  made  and    Their  Afts   d(- 
done,  are  hereby  declared  to  be  goud  and  valid,  as  if  this  AH  had  never  been  made.  "ared  valid. 

XVI.  AND  he  it  further  EnaiJed,  by  the  Authoity  aforefaid.    That  the  Freeholders  of  the  Pari  (h  Veflnes  for   the 
oi  St.  Matthew,  in  the  County  of  Orfl«_g?,  ftiall,  and  tiiey  are  hereby  impowered,  required,  and   di-  '^^'fA'^s    °f    St. 
refted,  to  meet  at  the  Town  of  Hiilljhorvugh,  on   Eajhr  Monday  next  after  the  paffing  of  this  Ad,  jg^rthdnmew  ^*' 
then  and  there  to  eled  and  choofe  1  weive   freeholders  of  the  faid   Parilh  to  ferve  as  Veftrymen  of  the  be  eleflei. 
faid  Parifti   of  St.  Matthew ;    and   that  the   Freeholders  of  the  Parifti   of  5/.    Bartholomew,  in   the 

iZoanty  of  Chatham,  fhall,  ai.d  they  are  hereby  impowered,  diieCted,  and  required,  to  meet  at  the 
Hl ufe  of  Captain  Stephen  Poe,  on  Eafer  Monday  next  afier  the  paffing  hereof,  to  eledt  and  choofe 
Twelve  Freeholders  of  the  faid  Parilh  to  ferve  as  Veftrymen  of  the  faid  Parilh  ;  which  Eledlions 
fhall  be  m.ade  by  the  ShcnK  oi  Orange  County,  as  the  lame  now  ftands  undivided,  under  the  like 
Rules  and  Reftrictions,  Pains  and  Penalties,  as  well  with  Refpect  to  theSnerift'as  the  Freeholders  of 
the  faid  Parilhes,  as  other  Elections  of  Veftries  in  this  Province  are  by  Law  appointed  to  be  made. 
And  the  Freeholders  fo  elected  Veftrymen  for  the  faid  Parifhes  refpectively,  after  taking  the  Oaths  by 
Law  appointed  for  their  Qualificaiion,  fhall  be,  and  they  are  hereby  declared  from  thenceforth  to  be 
Veftiies  of  the  faid  Parilhes  ref^-cctively  ;  and  are  hereby  required  to  exercife  and  ufe  the  fame  Powers 
and  Authorities,  as  other  Veftries  in  this  Province,  may,  can  or  ought  to  exercife. 

XVn.  AND  whereas  the  Days  heretofore  appointed  by  Law  for  holding  the  Inferior  Courts  in  Several  Court 
the  Counties  of  Graww//^,  Rowan,  Tyrrel,  and  Hyde,  have  been  found  inconvenient  to  thofe  whofe  Dajj  altered. 
Bufinefs  it  is  to  attend  fuch  Courts  ;  Be  it  therejore  Enaded,  by  the  Authority  aforefaid.  That  from  and 
after  the  paffing  of  this  Act  the  Inferior  Courts  of  Pfeas  and  Quarter  Seffions  lor  the  feveral  Countiei 
aforefaid  ihail  be  held  on  the  Days  following,  to  wit,  Granniille,  on  the  Third  Tuefdays  in  February, 
May,  Augujl,  and  No'vember;  Rowan  on  the  F'u A  Tue/days  in  February,  May,  Au^uji,  and  Ncvember ; 
Tyrrel  on  the  Fourth  Tuefdays  in  February,  May,  Augujl  and  No-vember  ;  and  Hyde  on  the  Firft  Tuef- 
days in  March,  June,  September,  and  December. 

XVIII.     AND  be  it  further  Enaded,  by  the  Authority  aforefaid.    That  all   Actions,  Suits,  Writs,    Suits  eontinaed  to 
Proccfs,  Petitions,  Indictments,  informations,  and  Prefentments,  whatfoever,  heretofore  commenced    the  Djys  altered 
in,  i/Tued  from,  or  returnable  to,  the  refpedlive   Courts,  the  Time  for  holding  of  which  is  altered  by     ^y 'his  Aft, 
this  Ad,  fhall  be,  and  are  hereby  continued  to  the  particular  Days  and  Times  hereby  appointed  ;  and 
all  Subpoenas  for  Witneffes,  and  Recognizances    for  the   Appearance  ofPerfons  at  the  faid   Courts, 
as  eiFeftual  as  if  the  particular  Day  for  holding  any  of  the  faid   Courts  had  been  mentioned  therein ; 
and   the   Perfons  fummoned   as  Witneffes,    and  entering  into  fuch  Recognizances,  bound  to  appear 
accordingly;  any  Matter  or  Thing  in  any  other  or  former  Ad,  to  the  contrary  hererof,  notwith- 
ftanding. 


CHAP.     XXVIII. 

An  Act  to  regulate  the  ijfuing  of  Marriage  Licences. 

l.TT  7  HE  R  E  A  S  a  Pradice  has  prevailed  among  fome  ofthe  County  Court  Clerks  of  this  Pro-    preamWej 
YV    vince,    of  writing  and  Cgning  Marriage  Licences  themfelves,  under  Pretence  of  not  being 

furnifhed 


484 


L  ^  H^  S    of    North-Carolina. 


^. 


A.  D,  1770'  furniflied  with  any  Blank  Licences  from  the  Governor,  contrary  to  the  true  Intent  and  Meaning  of 
an  A&.,  intitued  An  A^,  to' amend  an  Ad,  intituled,  '  An  AiX  concerning  Marriages  :'  For  the  Pre- 
vention whereof,  and  that  his  Excellency  the  Governor,  or  Commander  in  Cheif  for  the  Time  being, 
may  not  be  deprived  of  the  juft  Emoluments  intended  to  be  referved  to  him  by  the  aforefaid  Aft; 


Marriage  Licen- 
ces how  obtain- 
ed. 


II.  BE  it  Enaded,  by  the  Governor,  Council,  and  AJfetnbly,  and  by  the  Authority  of  the  fame.  That 
all  Marriages  by  Licence,  fhall  be  by  Licence  under  the  Hand  and  Seal  of  the  Governor  or  Com- 
mander in  Chief  for  the  Time  being,  and  not  otherwife  :  And  each  and  t\t'!y  Perfon  folemnizing 
the  Rites  of  Matrimony  between  any  two  Perfons  in  Virtue  of  a  Licence  otherwife  granted  and  ob- 
tained than  under  the  Hand  and  Seal  of  the  Governor  or  Commander  in  Chief  for  the  Time  being, 
Ihall  incur  the  like  Penalty  as  if  he  or  they  had  celebrated  fuch  Marriage  without  any  Licence  for 
fo  doing ;  any  feeming  or  apparent  Permiffion  or  Authority  in  the  aforefaid  Aft  to  the  contrary  here- 
of,   notvvithftanding. 

III.  AND  for  compelling  the  Clerks  of  the  Inferior  Courts  to  account  with  the  Governor  or 
Commander  in  Chief  for  the  Time  being,  for  any  Fees  that  may  be  received  for  him  by  Virtue  of 
this,  or  any  other  Aft  of  AfTembly  ;  Be  it  further  Enaiicd,  by  the  Authority  aforefaid.  That  when 
Motion  fliall  be  hereafter  made  in  any  Court  having  Jurifdiftion  thereof,  againlt  any  Clerk  for  Fees, 
which  fuch  Clerk  ought  to  be  accountable  for  to  the  Governor  or  Commander  in  Chief  for  the  Time 
being,  the  Sum  fuppofed  to  be  due  fliall  be  fpeciiied  in  the  Notice  ferved  on  fuch  Cieik,  at  lealt  Ten 
Days  before  fuch  Motion  ;  who,  on  appearing  thereto,  fliall  render  an  Account  on  Oath,  for  all  fuch 
Monies  as  he  hath  or  ought  to  have  received  lor  fuch  Governor  or  Commander  in  Chief  and  pay  the 
fame  J  and  on  Failure  fo  to  do,  the  Court  fliall  give  Judgment  for  the  whole  Sum  mentioned  in  fuch 
Notice,  and  award  Execution  thereon. 

Repealing  Claufc,  IV.  AND  be  it  further  Enaiied,  by  the  Authority  aforefaid,  That  fo  much  of  the  above  recited 
Aft,  and  fo  much  of  any  other  Aft  or  Afts  as  comes  within  the  Purview  of  this  Ad,  fliall,  from  and 
after  the  palling  hereof,  be  repealed  and  made  null  and  void. 


Clerks  compelled 
to  account  for 
the  G'lvetnor's 
■fees  on  Licences. 


CHAP.     XXIX. 

An  Act,  for  further  continuing  an  Act,  For  the  Reftraint  of  Vagrants,  and  for  nuking 
Provifion  for  the  Poor ;  and  other  Purpofes. 

Preamble,  I.  "1  T  7  H  E  R  E  A  S  the  Aft  for  the  Reftraint  of  Vagrants,  and  for  making  Provifion  for  the  Poor, 

YV  and  other  Purpofes,  made  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Fifty-five,  and  continued  by  two  fubfequent  Afts,  is  now  near  expiring  j  and  the  fame  being  found, 
by  Experience,  to  be  of  general  Utility ; 

Afla  contiaued*  IL      BE  it  Enabled  by  the  Qo'vertwr,   Council,  and  Ajprnhly,    and  by   the  /Authority  of  the  fame.  That 

the  before  recited  Afts,  and  every  Claufe  and  Article  of  them,  and  each  and  every  of  them,  continue 
and  be  in  Force,  from  and  after  the  pafTing  of  this  Aft,  for  and  during  the  Space  of  Five  Yearj,  and 
from  thence  to  the  End  of  the  next  Scflion  of  AflTembly,  and  no  longer. 


This  Aft  had  its 


CHAP.     XXX. 

An  Act  for  appointing  and  impowering  Mr.  William  Moore,  of  Tryon  County,  to  collect 
and  receive  the  Taxes  which  were  due  from  the  Inhabitants  of  the  faid  County  for  the 
2' ear  One  Thoufand  Seven  Hundred  and  Sixty  Eight. 


CHAP.    XXXI. 


Preamble. 


Truftees  appoint- 
ed fir  buikihg 
the  Gaol, 


An  A£l  for  appointing  Trufiees,  in  the  Room  and  Place  of  thofe  heretofore  appointed  by  an 
A£i  of  Ajjembly,  paJJ'ed  in  the  2'ear  One  Thoufand  Seven  Hundred  ami  Sixty  Eight, 
intituled.  An  Adt  tor  building  a  Public  Gaol,  and  Gjaoler's  Houfe,  for  the  Dif- 
trid:  of  Newbern,  in  the  T "own  of  Newbern.  ' 

I.  X  T  7"  H  E  R  E  A  S  the  Truftees  appointed  by  the  before  recited  Aft  have  not  proceeded  to  the 
Y  y     Difcharge  of  the  Trull  rcpcfed  in  them,  within  the  Time  limited  by  the  faid  Ad : 

II.  BE  it  therefore  Enaiied  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  cf  the  fame. 
That  x}s\^Wono\iXzWi^  Samuel  Cornell,  Efquire,  Nir.  Jacob  Shepard,  and  Mr.  Richard  Bicckled^e,  be, 
nnd  are  hereby  appointed  Truftees  (in  the  Room  of  thofe  appointed  as  aforefaid)  to  agree  and  contrad 
with  any  Perfon  or  Perfons  for  defigning,  fuperih tending,  building,  and  finifhing  the  faid  Gaol,  and 
Gaoler's  Houfe,  in  Manner  as  in  the  faid  recited  Ad  is  mentioned,  with  the  fame  Powers,  and  under 
the  fame  Reftridions,  as  the  former  Truilees  by  the  before  recited  Ad  appointed. 


IIL  AND 


LAWS    of    North-Carolina. 


III.  AND  be  it  further  EnaSed,  by  the  Authority  afcrefaid.  That  the  Truftees  by  this  Ad  ap- 
pointed (hall,  and  they  are  hereby  impowered  and  requiied,  to  receive  into  their  Hands  all  Monies 
heretofore  coUecled  and  paid  for  the  Pnrpofes  in  the  faid  Ad  mentioned,  or  that  hereafter  may  become 
due  or  arifing  from  the  Taxes  within  ihc  Diltriil  of  Ne-wbern,  for  building  the  faid  Gaol  and  Gaoler's 
Houfc  ;  and  on  Negled  or  Kefufal,  to  proceed  againlt  fuch  Delinquents  in  the  iVianner  prefcribed  in 
the  faid  recited  Ad. 


4^5 


A.  D.    1770. 

IiT.piwerfd  to  r?. 
ceive  the  M  nics 
due  Ui  the  Ume. 


Preamble. 


Minnpr  of  faklp* 
L  ^Is.fiheTovrn 
Taxable. 


CHAP.     XXXII. 

•  ^n  AEt  for  obtaining  a  true  and  diftinct  Lift  of  the  taxable  Perfons  in  the  Town  of  New- 
bern,  and  to  impower  the  Sheriff  to  collect  the  Town  Taxes  due  from  the  inhabitants  of 
the  faid  Town. 

I.  T  T  7H  E  R  E  A  o  there  3$  not  any  Provifion  made  in  the  Laws  now  in  Force  for  obtaining  a  true 
YV     and  dirtind  Lilt  of  Taxables  in  the  faid  Town,  which  has  rendered  the  colleding  of  the 
Town  Taxes  very  difficult  and  uncertain  :  For  Remedy  whereof, 

II.  BE  it  EnaSled,  by  the  Gciernor,  Council,  and  AJJlmbly,  end  by  the  Authority  'of  the  fame.  That 
at  the  firlt  Meeting  of  the  Ccmmilfioncrs  of  the  faid  Town  after  the  pafling  Of  tr.is  Act,  an;J  thereafter, 
at  the  firll  Meeting  after  their  Eledioh,  annually,  they  Ihall,  and  arc  hereby  impowered  and  lequired, 
to  appoint  one  of  the  faid  Ccmmiffioncrs  to  take  a  Lilt  of  all  the  Male  Taxables  refiding  in  the  iaij 
Town  ;  and  the  Commilfioner  fo  appointed  is  hereby  impowered  to  adminifter  an  Oath,  to  the  Truth 
of  all  fuch  Lifts  :  And  the  faid  Commiflioners  fhall  immediately  give  Notice,  by  Advertifements,  or 
otherwife,  to  the  Inhabitants  of  the  faid  Town,  to  appear  before  fuch  CommilTioner  fo  appointed,  and 
give  in  a  Lift  of  all  the  Male  Taxables  in  their  refpeilive  Families,  within  Twenty  Days  after  fuch 
Notice  ;  and  on  Negled  or  Rcfufal,  the  Perfon  or  Perfons  fo  negleding  or  refufing,  Ihall  be  fubjed 
to  the  fame  Penalties  as  for  negleding  to  inliit  their  Taxables  with  a  Magillrate  for  the  County,  which 
fhall  be  recovered  in  the  fame  Manner,  and  to  the  like  Ufes,  as  the  aforefaid  Penalties  :  And  the  faid 
Commiffioners  fhall  caufe  a  fair  Copy  of  the  Lifts  by  him  taken  as  aforefaid,  to  be  delivered  immedi- 
ately to  the  Shcrifiof  the  County  oi  Craven;  who  Ihall,  within  One  Month  after,  proceed  to  colled 
the  Taxes  laid  on  the  faid  Inliabitants  by  the  Conimiinoners  of  the  faid  Town  ;  and  Hiall  account  for, 
and  pay  the  fame  to  the  faid  Cnmmillioncrs,  on  or  before  the  loth  Day  of  June,  yearly;  under  the 
fame  Rules,  Rcllridicns,  and  Penalties,  and  intiiled  to  the  fame  Emoluments,  and  fubjed  to  the 
fame  Method  of  Recovery,  as  tor  Non-Payment  of  Public  Taxes. 

III.  AND  whereas  the  Taxes  laid  by  the  Commiflioners  of  the  faid  Town  on  the  Inhabitants  sheriff  to  collfft 
thereof,  for  feveral  Years  paft,  remain  iincolleded  ;  iind  the  late  and  prelent  Sheriffs  are  in  Doubt  the  Town  Tax ej. 
whether  they  aie,  by  the  Laws  now  in  Force,  enabled   to  diftrain  for  the  fame  :  Be  it  Ena^ied,  by  the 

Authority  aforejcud.  That  the  prtfent  and  late  Sheriffs  of  tiie  County  of  Craien,  are  hereby  declared  to 
have  the  ianse  Power  to  make  Dillrcfs  on  all  Perfons  who  are  in  Arrear  for  Taxes  to  the  faid  Town  as 
they  are  intitled  to  in  colleding  other  Taxes. 

iV.     PROVIDED  neverthelefs.  That  fuch  Sheriffs  fhall  not  take  and  receive  any  Fees  for  Dif-    Not  to  take  Feei 
trefs  for  fuch  Arrears  of  Taxes,  unkfs  the  Perfon  or  Perfons  fo  in  Arrear  fhall  negled  to  pay  the  fame    ""  '^e  Arrears, 
within  Three  Months  after  palling  ol  this  Ad. 

V.  AN  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Perfon  in  the  faid  Town  fhall  No  Perfon  to  pay 
hereafter  be  fubjed  to  the  Payment  of  the  Town  Tax*  until  he  hath  refided  Three  Months  in  the  faid  Town  Tax,  tiil 
Town;  3   Months   K.eii- 

diioce. 


CHAP.    XXXIII. 

An  Act  to  direct  Sheriffs  in  levying  Executions,  and  the  Difpofal  of  Lands.,  Goods,  and 

Chattels,  taken  thereon, 

'•  TIZHERE  AS  great  Injuries  havearofe  from  difpofing  of  Lands,  Goods,  and  Chattels,  taken  ., 

YV     on  Executions,  from  the  great  Scarcity  of  Currency  :  For  Remedy  whereof,  freambie. 

IL      BEitEnadcd,  by  tie  Co-vemor,  Council,  and  Afimbly,  and  by  the  Authcrity  of  the  fame.  That  Executiont      not 

from  and  alter  the  palling  ol  this  Ad,  no  ;;herifFor  Other  Cflicer  within  this  Provinie,  to  whom  Exe-  to  be  k*ied   o« 

cuuon  Ihnil  be  dircdtd,  ll.all   levy  the  fame  on  Lands  or  Negroes,  where  ether  fuhicient  Diftrefs  of  Lands  or  biavej. 

Commodities  fit  for  Expoitaiicn  is  flicwn  ;    and  every  Sheriff  or  other  Oftker,  who,  by  Virtue  of  an  *''"=  <"*>«'  '^''- 

Execution,  ll.all  expole  to  Sale  any  Lands,   Goods,  or   Chattels,  of  what  Kind  or  Nature  foever,  «'=''"''"=*'>• 


where  the  Sum  levied  for  dots  exceed  the  Sum  of  Five  Pounds,  Ihall  f.rft  fummons  one  Juftice  of  the 
Peace,  and  two  Freeholders  of  the  Ct.unty,  cne  to  be  named  by  the  PhiintifF,  and  the  other  by  the 
Defendant;  and  on  their  Ntgli-d,  to  be  named  by  the  Sherifi",  to  appear  at  a  particular  Day  and 
Place,  to  infped  and  value  the  lame,  or  fo  much  thereof,  at  two  Thirds  of  the  Value,  as  may  be 
fufticient  to  pay  the  PkuntifFhis  Debt  and  Ccfts ;  and  the  faid  Juftice  and  Freeholders  ftall  render  in 
Wruing,  under  their  Hands  and  Seals,  the  Boundaries,  Quantity,  Situation,  and  Value  of  the  faid 
Lands,  to  the  Sheriflof  the  County,  who  is  hereby  required  to  admHuller  the  following  Oath  : 


Manner  >A  Vjlu- 
atio*. 


TOV 


486 


LAWS    of    North-Carolina. 


A.  D.    1770.      "\7^  O  f/,  and  each  of  you,  do  fnuear,  that  this  Injlrument  of  Writing  by  you  froduced,   contains  a  true  Va- 

Vw^—v/— -«,>         X     luation  of  one  or  more  (as  the  Cafe  may  be)  Trad  or  Tracts,  Part  or  Parcels  of  Land,  filiate  in  the 

Valuers  Oaih.         County  of ,    on ,   or  Goods  (as  the  Cafe  may  he)  and  taken  by  Virtue  of  an  Execution,  at 


the  Infance  of  • 


-,   and  that  you  ha've  proceeded  in  fuch  Valuation,   upon  a  careful  Vieiv,  and  according 


to  Laiu,  to  the  bejl  of  your  Knoivledge  and  Information,  -without  Favour  or  Difike  to  cither  Party. 

SO  HELP  YOU  GOD. 

Nnt  to  be  fold  Which  faid  Inftrument  of  Writing,  with  the  Certificate,  fhall  be  by  them  delivered  to  the  Sheriff, 
t'.r  lefs  than  two  who  Upon  expofing  iuch  Lands,  Goods,  or  Chattels  to  Sale,  fhall  not  difpofe  of  them  for  a  lefs  Sum 
""'     '"      '     '""       than  two  Thirds  of  fuch  Valuation,  under  the  Penalty  of  One  Thoufand  Pounds  ;  to  be  recovered  by 

Aftion  of  Debt,  in  any  Court  within  this  Province  having  Cognizance  thereof,  by  and  for  the  Ufe  of 

the  Party  grieved. 


Thirds 
Value, 


of     the 


PhintifF  to  take 
Goods  at  two 
Thirds  Value. 


Not  to  extend  to 
D  bts  to  the 
King,  &c. 

Lands  fold  by 
former  Sheriffs, 
fucceeding  She- 
tiffs  t"  make 
them  a  Title. 


Sheriffs  Fee  for 
fummoniug  Free- 
holders, and  Hen, 
for  negl'.fling  to 
attend. 


Ci^nt'nuance 
the  Aa. 


of 


III.  AND  he  it  further  EnaBed,  by  the  Authority  aforefaid.  That  if  any  Lands,  Goods,  or  Chat- 
tels, be  fet  up  for  Sale  as  aforefaid,  fhall  not  be  difpofed  ot^  the  Plaintiff  fhall  take  the  faid  Goods  and 
Chattels,  and  may  take  the  Lands  at  two  Thirds  of  the  Value  thereof;  in  which  Cafe  the  Sheriff,  or 
other  Officer,  is  hereby  impowered  and  direfted  to  give  fuch  Plaintiff  a  Deed  or  Bill  of  Saie  for  the 
fame,  in  the  fame  Manner  as  he  might  have  done  had  the  Lands,  Goods,  or  Chattels,  been  fold  at 
Public  Vendue.  Provided,  That  Lands  fhall  not  be  taken  on  any  Execution^  when  there  fhall  be 
Goods  and  Chattels  fuflicient  to  fatisfy  the  fame. 

IV.  PROVIDED  alivays.  That  nothing  in  this  Aft  contained  fhall  be  deemed,  or  conflrued 
to  extend  to  any  Execution  of  Executions,  for  any  Debt  or  Debts  payable  to  his  Majefty,  to  this 
Province,  or  to  Merchants  in  Great  Britain. 

V.  AND  be  it  further  Enailed,  by  the  Authority  aforefaid.  That  .where  any  Sheriff  01^  Coroner  has 
heretofore  fold  any  Lands  under  a  late  Aft  of  Affembly,  intituled.  An  Acl  to  direil  Sheriffs  in  le-vying 
Executions!  and  the  Difpofal  of  Lands,  Goods,  aud  Chattels,  taken  thereon,  and  hath  negleited  to  make 
a  good  and  fufficient  Title  thereto,  either  to  the  Perfon  purchafing  at  Vendue,  or  to  any  Plaintiff", 
who  under  the  faid  Aft  has  been  obliged  to  take  fuch  Lands  at  two  Thirds  of  the  Value,  fuch  Sheriff' 
or  Coroner,  though  he  may  be  out  of  Office,  fhall,  and  is  hereby  required,  to  feal  and  execute  a 
Deed  of  Bargain  and  Sale  for  fuch  Lands,  to  fuch  Plaintiff  or  Perfon  who  hath  purchafed  at  Vendue 
as  aforefaid  ;  and  in  Cafe  any  Sheriff  or  Coroner,  having  fold  any  Lands  as  aforefaid,  who  is  dead 
or  removed  out  of  the  Province,  his  Succeffor  in  Office  is  hereby  impowered  and  required  to  make 
fuch  Conveyance  as  herein  next  before  is  direfted. 

VI.  AND  be  it  further  Enaaed,  by  the  Authority  aforefaid.  That  the  Sheriff  or  other  Officer  fhall 
be,  and  is  hereby  intitled  to  receive  the  Sum  of  Two  Shillings  and  Eight  Pence,  for  every  Juflice  and 
Freeholder  fo  fummoned  ;  and  every  Jullice  and  Freeholder  that  fhall  negleft  or  refufe  to  attend,  un- 
lefs  pevented  by  Sicknefs,  oV  fome  other  fufficient  Caufe,  he  or  they  fo  neglefting  or  refufing  fliall 
forfeit  and  pay  the  Sum  of  Five  Pounds  ;  to  be  recovered  in  the  Infeior  Court  of  the  County,  by  Ac- 
tion of  Debt,  and  applied  to  the  Ufe  of  the  Parifh. 

VII.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  this  Act  fhall  continue  and 
be  in  Force  for  and  during  the  Term  of  Two  Years,  and  from  thence  to  the  End  of  the  next  Seflion  of 
Affembly,  and  no  longer. 


I'rcJroble. 


CHAP.     XXXIV. 

An  Act  for  the  more  advantageous  and  eafy  Manner  of  obtaining  Partitiom  of  Lands,  in 
Coparcenary^  Joint  Tenancy,  and  Tenancy  in  Common. 

I.  "^T  7  HE  RE  AS  the  Proceedings  by  the  Common  Law  upon  Writs  of  Partition  between  Co- 
VV  parceners,  Joint  Tenants,  and  Tenants  in  Common,  are  tedious,  chargeable,  and  often 
ineffeftual  ;  and  whereas  the  Lands  belonging  to  Coparceners,  Joint  Tenants,  and  Tenants  in  Com- 
mon, frequenly  lie  in  different  Counties  and  Diftrifts,  and  great  Part  of  the  Lands  in  this  Province 
are  fo  extremely  poor  and  barren  that  they  will  not  admit  of  a  minute  Partition,  as  in  England,  where 
every  fingle  Acre  is  feparately  of  real  Value,  by  Reafon  of  which  divers  Perfons  having  undivided  Parts 
or  Purparts  are  greatly  oppreffed  and  prejudiced;  and  the  Premifes  are  frequently  wafted  or  deftroyed,  or 
lie  uncultivated  and  unmanured,  fo  that  the  Profits  of  the  fame  are  totally,  or  in  a- great  Meafure  loft ; 
For  Remedy  whereof. 

Manner    of    ob-  H-      BE  it  Enaded  by  the  Governor,   Council,   and  Affembly,  and  it  is  hereby  EnaBed  by  the  /Authority  of 

taining  Partitions  the  fame.  That  from  and  after  the  paffing  of  this  Aft  the  Demandant  for  the  Partition  of  any  Lands, 
in  Coparcenary,  Tenements,  or  Hereditaments,  fhall  file  his  or  her  Declaration  in  the  Office  of  the  Superior  Court  where 
the  Suit  fliall  be  brought;  whereupon  a  Summons  or  Summonfes,  together  with  a  Copy  or  Copies  of 
fuch  Declaration,  fliall  be  ifTued  by  the  Clerk  of  fuch  Court,  direfted  to  the  Tenant  or  Tenants  to 
the  Aftion,  and  returnable  to  the  Court  from  whence  the  fame  iffued,  commanding  him,  her,  or 
them,  to  appear  thereat ;  and  if  upon  the  Service  of  fuch  Summons  or  Summonfes,  the  Tenant  or 
Tenants  to  the  Aftion  fhall  fail  to  appear  or  plead,  the  Court  may  proceed  to  examine  the  Demand- 
ants Title  and  Quantity  of  his  Part  and  Purpart,  and  accordingly  as  they  fhall  find  his  rioht  Part  and 
Purpart  to  be,  they  fliall  for  (o  much  give  Judgment  by  Default,  and  award  Partition  to  bo  made, 

according 


LAWS    of    North-Carolina. 


487 


according  to  the  Rules  hereafter  mentioned,  whereby  fuch  Proportion,  Part  and  Purpart,  may  be  fet  A.  D.  1770' 
out  feveraily  ;  which  having  executed,  after  giving  Ten  Days  Notice  to  the  other  Parties,  or  if  they  v_,  -\—  .J 
cannot  be  found,  to  the  Occupiers  or  Tenants  in  adual  Poffeffion  of  the  Premifes  (where  fuch  Occu- 
pier or  Tenant  in  Pofieflion  is  not  Demandant  in  the  Aftion)  and  returned,  and  thereupon  final 
Judgment  entered,  Ihall  be  good,  and  conclude  all  Perfons  whatfoever,  after  Notice  as  aforefaid, 
whatever  Right  or  Title  they  have,  or  may  at  any  Time  claim  to  have,  in  any  of  the  Meffuages, 
Lands,  Tenements,  and  Hereditaments,  mentioned  in  the  faid  Judgment  and  Writ  of  Partition,  al- 
though all  Perfons  concerned  are  not  named  in  any  of  the  Proceedings,  nor  the  Title  ot  the  Tenants 
truly  fet  forth. 

III.  PROF  IDED  always.  That  when  the  Tenant  or  Tenants  to  the  Aftion   live  out  of  this  Tenants  out  of 
Province,  that  then  and  in  fuch  Cafe  a  Service  of  the  Summons,  with  a  Copy  of  the  Declaration,  upon  the  Prc-vince, 
the  lawful  Attorney  of  fuch  abfeiu  Tenant  or  Tenants;  (hall  be  deemed  a  good  Service  j  ^nd  provided  Jmp"lj'n«  to  ba 
al/o,  that  in  all  fuch  Cafes  when  the  Tenant  or  Tenants  to  the  Action  live  out  of  this  Province  as 

aforefaid,  the  Court  ihali,  before  any  Judgment  by  Default  be  entered  as  aforefaid,  allow  an  Impar- 
lance to  the  next  iuccceding  Term,  or  funher,  as  the  Cafe  may  reafonably  require,  in  Order  that  fuch 
abfent  Tenant  or  Tenants  may  have  Notice  to  appear  and  defend  the  Aclion,  if  they  think  fit. 

IV.  P^  Or/£)£Z>  <r/n,'<j)'j.  That  fach  Perfon  or  Perfons  concerned,  or  any  of  them,  againft  whom,  Provifn  for  In- 
or  their  Ri^ht  or  Title,  any  Judgtnent  by  Default  fhall  be  given,  be  at  the  Time  of  luch  Judgment  f.mts,  Feme  Co^ 
under  the  Age  of  Twenty  One  Years,  Feme  Covert,  of  unfound  Mind  and  Memory,  or  abfent  out  of    ^crts,  &c. 

this  Province,  without  any  Attorney,  lawfully  and  fully  impowered,  refiding  therein,  may,  within 
the  Space  of  Five  Years  after  the  Removal  of  fuch  Difability,  apply  themfelves  by  Motion  to  the 
Court  where  fuch  Judgment  is  entered  :  And  if  upon  fuch  Motion  they  Ihall  Ihew  a  good  and  probable 
Matter,  in  Bar  of  fuch  Judgment,  or  that  the  Demandant  hath  not  Title  to  fo  much  as  he  hath  reco- 
vered ;  then,  and  in  fuch  Cafe,  the  Cuurt  may  fufpend  fucli  Judgment,  and  admit  the  Tennant  or 
Tenants  to  appear  and  plead,  and  the  Caufe  fliall  proceed  according  to  due  Courfe  of  Law,  as  if  no 
fuch  Judgment  had  been  given;  and  if  the  Court,  upon  hearing  thereof,  fhall  adjudge  for  the  firll 
Defendant,  then  the  firli:  Judgment  (fiall  Hand  confirmed,  and  be  good  againll  all  Perfons  whatfo- 
ever, except  fuch  other  Perfon  as  (hall  be  abfent  or  difabled  as  aforefaid  ;  and  the  Perfon  or  Perfons 
fj  appealing,  fhall  be  avvarded  thereupon  to  pay  Colh,  or  if  within  fuch  Time  or  Times  as  aforeiaid, 
the  Perfons  concerned  admitting  the  Demandant's  Title,  Part  or  Purpart,  fliall  Ihew  to  the  Court  any 
Inequality  in  the  Partition,  the  Court  mall  award  a  new  Valuation,  and  make  Partition  in  Prefence 
of  all  Parties  concerned  (if  they  will  appear)  notwithftanding  the  Return  and  filing  upon  Record  of 
the  former  Valuation  ;  which  fuid  fecond  Valuation  and  Partition,  returned  and  fited,  fhall  be  good 
and  firm  for  ever  againll  all  Perfons  whaifjever,  except  as  before  excepted. 

V.  AND  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  upon  any  Judgment  being  given  m,nner  of  Pro- 
for  fuch  Demandant,  and  the  MelTuagcs,  Lands,  Tenements,  and  Hereditameuts,  in  fuch  Judgment  ceeding,     where 
mentioned,  happen  to  lie  in  diiFerent  Counties,  the  Courts  in  which  fuch  Judgment  Ihall  be  obtained  I.anrfs  lie  in  dif- 
are  authorized  and  impowered,  and  they  are  hereby  required,   to  iffue  Writs,  direfted  to  the  Sheriffs  ^^i^^"'  Counties, 
of  the  feveral  Counties  where  the  Lands,  Tenements,  and  Hereditaments  lie,   commanding  them^ 

that  by  Inquifition,  in  due  Form  of  Law,  they  Ihnll  caufe  the  Lands  mentioned  in  fuch  Judgment  to 
be  valued,  and  fuch  Valuation  to  be  returned,  with  the  V/rits,  under  the  Hands  and  Seals  of  thofe  by 
whom  Inquifition  fhall  be  made ;  upon  which  the  Court  fhall  proceed  to  make  Partition,  giving  the 
Demandant  his  Part  and  Purpart  in  one  County,  unlefs  where  the  Lands,  Tenements,  and  Heredita- 
ments, lie  on  both  Sides  of  a  Water  which  divides  two  Counties,  and  it  may  be  neceffary,  for  the  Ad- 
vantage of  the  different  Parties,  that  fuch  Lands  fhould  not  be  feparated,  or  unlefs  it  fhould  prove 
ctherwife  injurious  to  the  Parties>  in  which  Cafe  the  Court  fhall  make  Partition  in  the  mofl  equitable 
Manner  they  can. 

Vr.     A  N  D  he  it  further  Enaffed,   hy  the  Authority  aforefaid.  That  where  it  fhall  be  found  necelTary,     Where  they  are 
in  Order   to   make  a   more  equal  Partition,  that  any  of  the  Lands,  Tenements,  or  Hereditaments,  _  to  be  ilividi^d  in 
mentioned  in  fuch  Judgment,  ihould  be  divided  into  two  or  more  Parts,  the  Court  fhall  order  a  Writ     j*"     "     ™°** 
or  Writs  of  P.irtition  to  iffue  to  the  County  or  Counties  where  fuch  Lands,  Tenements,  and  Heredita-       ""* 
ments  are  fituated,  commanding  the  Sheriff  or  Sheriffs  of  fuch  County  or  Counties  to  make  Partition 
of  fuch  Lands,  Tenements,  and  Hereditaments,    into  fuch  Proportions  and  Value  only  as  fhall  be  ne- 
ceflary  to  make,  as  near  as  may  be,  an  equal  Partition  of  the  whole  MefTuages,  Lands,  Tenements, 
and  Hereditaments,  mentioned  in  fuch  Judgment,  and  order  the  Sheriffs  of  fuch  Counties  refpedively 
to  put  the  Demandant  in  Pofiefiion  of  his  or  her  particular  Part,    Purpart,    or  Share  thereof ;    which 
Valuation  and  Partition  fhall  be  returned  by  the  Sheriff  or  Sheriffs  as  aforefaid,  to  remain  among  the 
Records  of  the  Court, 


•  D  be  it  further  Ena^ed,    by  the  Authority  aforefaid.    That  where  the  Lands,  Tenements,      Where  they    lie 
ments,  mentioned   in  any  fuch  Suit,  lie  in  different  Diftridls,  the  Court  to  which  fuch     '".  <^  ff'^teni  D.f- 


VII.  AN 

and  Hereditame....,  ...  _..^  . ^„,,,  „^  ...  ^.„^.w..w  ^.....^»-,  ...- —  .-^.. 

Suit  fhall  be  brought  may,  and  they  are  hereby  authorized  and  required,  to  proceed  in  hearing  and 
determining  the  Demandant's  Title  and  Claim,  in  the  fame  Manner  as  if  all  the  Lands,  Tenements, 
and  Hereditaments,  were  fituated  vvitliin  the  DiRrift  of  the  Court  in  which  fuch  Suit  fhall  be  com- 
menced;  any  Law,  Ufage,  or  Cu (lorn,  to  the  contrary,  in  any-wife,  notwithftanding. 

VIII.  P  ROVIDED  ah-ays.  That  no  Suit  for  Partition  of  Lands,  Tenements,  or  Heredita- 
ments, fhall  be  commenced  in  any  Superior  Court  of  this  Province,  unlefs  Part  of  the  Demandant's 
Claim  lie  within  the  Diftrid  of  the  Court  in  which  the  Suit  is  brought. 


N<i  Suit  to  lie, 
iinles  Hart  of  the 
Clainn  within  tk'e 
the  Difirift. 


IX.   AND 


488 


LAWS    of    North-Carolina. 


A.  i).  1770. 

V;iitt  Sheriff  to 
execute  Partiti 
on,  where  the 
H.gh  Sheriff  is 
under  an^  Difa-. 
bilitjf. 


Pen.  on  Shet'.ffj 
ntglefling  to  at- 
tend the  Ex'-cuti- 
on  of  Partitionj. 


IX.  JND  be  it  further  Enaaed,  by  the  Authority  afore/aid,  That  when  the  High  Sheriff,  bv  Rea- 
fon  of  Sicknefs,  or  any  other  Difabillity,  cannot  be  prefent  at  the  Execution  of  any  Judgmert  jn  Par- 
tition ;  in  fuch  Cafe,  the  Under-Shcriff,  duly  appointed  and  qualified  according  ro  Law,  in  Prefcncc 
of  two  Juftices  of  the  Peace  of  the  County  where  the  Lands,  Tenements,  and  Hereditaments  to  be 
divided  lie,  fliall  and  may  proceed  to  Execution  of  any  Writ  of  Partition,  by  Jr.quifition  in  due  Form 
of  Lawj  as  if  the  High-SherifF  were  then  pcrfonally  prefent  ;  and  the  High  Sheriff"  thereupon  fhall, 
and  he  is  hereby  enabled  and  required,  to  make  the  fame  Return,  as  if  he  were  perfonaily  prefent  at 
fuch  Execution.  And  in  Cafe  fuch  Partition  be  made,  returned,  and  filed,  he  or  they  that  were 
Tenant  or  Tenants  of  any  of  the  faid  Mefluages,  Lands,  Tenements,  and  Hereditaments,  or  any 
Part,  or  Purpart  thereof,  before  they  were  divided,  fhall  be  Tenant  or  Tenants  for  fuch  Part,  fet 
out  feverally  to  the  refpedlive  Landlords  or  Owners  thereof,  by  and  under  the  fame  Conditions,  Rents, 
Covenants  and  Refervations,  where  they  are,  or  fhall  be  fo  divided  :  And  the  Landlords  and  Owner* 
cfthefeveral  Parts  and  Purparts  fo  divided  and  allotted  as  aforefaid,  fliall  warrant  and  make  good 
unto  their  refpedlive  Tenants,  the  faid  feveral  Parts  feverally  after  fuch  Partition,  as  they  are  or  were 
bound  to  do  by  any  Leafes  or  Grants  of  their  refpedlive  Parts  before  any  Partition  made:  And  in 
Cafe  any  Demandant  be  Tenant  in  adlual  Poffeflioni  to  the  Tenant  to  the  Aftion  for  his  Part  or  Pro- 
portion, or  any  Part  thereof,  in  the  Mcfl"uages,  Lands,  Tenements,  and  Hereditam.ents,  to  be  di- 
vided by  Virtue  of  a  Writ  of  Partition  as  aforefaid,  for  any  Term  of  Life,  Lives,  or  Years,  or  uncer- 
tain Intereft,  the  faid  Tenant  fliall  ftand  and  be  pcflefled  of  the  faid  Purparts  and  Proportions,  for 
the  like  Term,  and  under  the  fame  Conditions  and  Covenants,  as  when  it  is  fet  out  feverally,  in 
Purfuance  of  this,  or  any  other  Ail,  Statute  or  Law  to  that  Purpofe. 

X.  AN  D  he  it  further  EnnHed,  by  the  Authority  aforefaid.  That  the  refpeftive  Sheriffs,  their  Un- 
der-Shenfts,  and  Deputies  ;  and  in  Cafe  of  Sicknefs  or  Difability  in  the  High-Sherift",  all  Juftices  of 
the  Peace  within  their  refpedlive  Counties,  fliall  give  due  Attendance  to  the  executing  fuch  Writ  of 
Parciticn,  unlefs  rcafonable  Caufe  be  fliewn  to  the  Court,  upon  Oath,  and  there  allowed  of,  or  other- 
wile  be  liable,  every  of  them  to  pay  unto  the  Demandant  or  Plaintifr,  fuch  Colls  and  Damages  as  fliall 
be  awutded  by  the  Court,  not  exceeding  Ten  Pounds,  Proclamation  Money  ;  for  which  ihe  Demand- 
ant may  bring  his  Aition  in  any  Court  having  Cognizance  thereof;  wherein  no  EfToin,  Prctedlion, 
Privilege,  or  Wr.ger  of  Law,  fhall  be  allowed  :  And  in  Cafe  the  Demandant  doth  not  agree  to  pay 
unto  the  Sheriffs  or  Under-SherifFs,  Juftices  and  Jurors,  fuch  Fees  as  they  fhall  refpectively  demand 
for  their  Attendance  in  the  Execution  of  the  fame,  and  returning  thereof;  then  the  Court  (hal)  award 
what  each  Perfon  Ihall  receive,  having  Refpect  to  the  Diftance  of  the  Place  from  their  refpective  Ha- 
bitations, the  Laws  of  this  Province,  and  the  Time  they  muft  necefTarily  fpend  about  the  fame,  for 
which  they  may  feverally  bring  their  Actions  as  aforefaid. 


D-mandant     nut        XL     A  N  D  be  it  further  Enafied,  That  the  Demandant  in  any  Suit  for  Partition  of  Lands,  Tene- 
to  recover  CV.fls,    nements,  and  Hereditaments,  fhall  not  recover  Cofts,  unlefs  it  appears   to  the  Court  tliat  the  Tenant 

fule  to  make  f  ar- 


or  Tenants  to  the  Adion,  previous  to  its  Commencement,  refufe  to  make  Partition. 


titiun. 

Court  of  Chan- 
cery's Power  not 
■bridged. 


XIL  PROVIDED  alvoays,li}\?i.t\!p\i  k&.,  nor  any  Thing  herein  contained;  fhall  extend,  or  be 
conftrued  to  extend,  to  alter  or  abridge  the  Power  of  the  Court  of  Chancery  in  this  Province,  in  the 
Partition  of  any  Lands,  Tenements,  or  Hereditaments  ;  any  Thing  herein  contained  to  the  contrary 
thereof,  in  any-wif'e,  notwithftanding. 


Continuance     of        XIIL     AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  this  Aft  (hall  be  and  continue 
the  Aft.  in  Force  for  and  during  the  Space  of  Five  Years,  from  and  after  the  pafling  hereof,  and  to  the  End  of 

the  next  Seffion  of  Aflembly,  and  no  longer. 

i. -  ■■  I  -     -  •  •■ -  ■    '  ' 

CHAP.    XXXV, 

An  Act  to  prevent  Card  playing^  and  other  deceitful  Gaming. 

Preamble.  j_    «  T  T  H  E  R  E  A  S  Card  playing,  and  other  deceitful  Gaming,  hath  been  found  injurious  to  the 

VV     Inhabitants  of  this  Province,  and  tend  greatly  to  the  Difcouragement  of  Induftry,  Corrup- 
tion of  Youth,  and  Deftruction  of  Families :  For  Remedy  whereof, 

Deceitful  Gam-  II.  B E  it  Enaiied,  bf  the  Governor,  Council,  and  Affimbly,  and  by  the  Authority  eif  the  fame.  That 
ing  pieventcd.  fj-om  and  after  the  palTing  of  this  Ad,  any  Tavern  Keeper  who  fhall  permit  or  iuffer  any  Gaming 
within  his  Houfe,  Booth,  Stall,  Arbour,  or  other  Place  (Whill,  Quadrille,  Picquet,  Backgammon, 
and  Billiards,  only  excepted)  fhall  for  fuch  Oftence,  upon  Convidion  thereof  before  the  Court  of  the 
County  wherein  the  fame  fliall  be  committed,  forfeit  his  Licence,  and  be  further  liable  to  Indiament 
and  Fine,  at  the  Difcretion  of  the  faid  Court ;  and  any  Perfon  or  Perfons,  who  fliall  hereafter  win  at 
any  Game  or  Games,  or  by  betting  or  wagering  in  any  Manner  whatfoever  (Horfe-racing  only  ex- 
cepted) more  than  Five  Shillings  in  Twenty  Four  Hours,  or  the  Value  thereof  in  any  Goods,  Com- 
modities, or  other  Article  or  Articles,  fliall,  upon  Convidion  of  the  fame,  before  any  Court  or  Ma- 
giftrate,  having  Cognizance  thereof,  forfeit  all  fuch  Monies,  Goods,  Commodities,  or  other  Article 
or  Articles,  or  the  full  Value  thereof;  one  Half  to  the  Informer,  and  the  other  Half  to  be  applied  to 
the  Ufe  of  the  Parifti  wherein  fuch  Offence  was  committed  :  Pro'vided  ncverthdefs.  That  if  it  fhall  ap- 
pear that  fuch  Informer  was  either  Winner  or  Lofer,  or  in  any-wife  a  Party  iu  any  fuch  Games,  the 
whole  fhali  be  forfeited  to  the  Ufe  of  the  Parifli. 


IIL   AND 


L   A    iV  S      of     NoXTH-Ca  ROL  I  N  A. 


4H9 


A.    D.   1770. 

Manner  of  R-co. 
vf.11  of  M'  nitt 
lull  at  tfara.ng. 


III.  JN  D  b;  it  further  Enabled,  Ij  the  Authority  aforefaiJ,  That  upon  any  Informniion  made 
to  a  Juftice  or  Jullices  of  the  Peace  wichin  this  rrovince,  or  in  View  of  any  julcicv,  it  lliaii  nppear 
that  any  Perfon  or  Perfons  have  won  at  any  Game  or  Games,  by  bcuing  or  watering,  in  any  Kiaaiicr 
whatfoever,  more  than  Five  Shillings  in  Twenty  Four  Hours,  or  the  Value  thereof  in  any  Goods, 
Gommcditics,  or  other  Article  cr  Articles,  it  (hall  be  lawful  fjr  any  fuch  Court  or  Jalticc,  having 
Cognizance  thereof,  and  they  are  hereby  inipowered  and  reijuired,  to  caufe  fuch  Perlon  or  Perfons  ti> 
be  broutiht  before  fuch  Court  or  Magillrate,  before  whom  Int'.rmation  ihall  be  made,  to  be  examined 
on  Oath  concerning  the  faid  Offence  ;  which  Osth  or  Oaths  the  faid  Court  or  Juftices^  is  hereby  ini- 
powered to  adminiUer,  as  alfo  to  examine  any  V/itnefs  or  Witnefl'cs  concerning  the  fame :  And  if  ic 
Ihall  appear  that  fuch  Perfon  or  Perfons  fhall  have  won  at  any  Kind  of  Game  or  Games,  or  by  betting 
or  wagering  in  any  Manner  whatfoever,  more  than  Five  Shillings  in  Twenty  Four  Hours,  or  the  Va- 
lue thereof  in  any  Goods,  Commodities,  or  other  Article  or  Ariicles,  to  award  Execution  againll  the 
Body,  or  Goods  and  Chattels,  Lauds  and  Tenements,  of  fucli  Perfon  or  Psrfons  fo  cunvitlcd,  for  fuch 
Sum  or  Sums  of  Money,  Goods,  Commodities,  or  other  Article  or  Articles,  which  ihall  have  beea 
won,  over  and  above  the  Value  of  Five  Shillings  in  Twenty  Four  Hours. 

IV.  A  N  D  be  it  further  Ertaaed,  That  all  t)eeds,  Mortgages,  Bills,  Bonds,  Notes,  AfTumptions,  n.^ed?  or  Morf- 
S-ecia'.ty  or  Specialties,  Inltrument  or  Inftruments  of  Writing,  which  fliall  be  hereafter  given  for  the  t-as'e  .  &c  f.  r 
p'ryrnent,  Security,    cr  Difcharge,    of  any  Sum  or  Sums  of  Money,  Goods,  Commodiaes,  or  other    a"y   Thinz  wjn 

A..,;,.I„«-    li-Mz-loo     Tklr.  .■  <•  r  'PKinnc     lull d r C ,f upr     Icift  nf  anv  C^^mc  or  G;imes.    nr  hv  hettiiiff  or  wa.      ^'     gamiiTL',    de- 


ciared  will. 


..r.'iT. 

loiU 

and 


Pryi, ,_..-,    v.v^„...,,     V. g-,     „.    _..,.   -. ,,    , 

Article  or  Articles,  Thing  cr  Things,  whatfoever,  loft  at  any  Game  or  Games,  or  by  betting  or  wa- 
g  ring,  upon  due  Proof  thereof,  fliall  be  deemed  null  and  void. 

V.  AND  whereas  there  are  many  idle,  diforderly,  and  evil-difpofcd  Perfons,  who  are  frequently 
found  I'Mti-ring,  gaming,  and  mifoehaving  theaif^rlvss,  within  this  Province  ;  Be  it  therefore  Enadleo, 
by  the  Adhority  oforefaid.  That  it  Ihall  and  maybe  lawful  for  any  Jullice  of  the  Peace,  and  he  is 
hereby  diredea  and  rcqaireci,  either  on  Information  or  Notice  given  him,  or  on  his  own  View,  to  "''  '^' 
iftue  his  V/arrant,  and  caufe  fuch  Perfon  Or  Perfons  to  be  apprehended,  and,  on  Convidion,  to  com- 
mit fuch  Offender  or  Offenders  to  Gao!,  until  he  or  they  fo  committed  find  fufficient  Security,  in  t!.:: 
Sum  of  Twenty  Pounds,  fcr  his  or  their  good  Behaviour,  during  the  Term  of  Twelve  Months;  and 
if  any  fuch  OlTender  or  Offenders  fhall  be  nccutl-d  and  convicted  a  fccond  Time,  or  oftener,  of  loiter- 
ing, gaming,  or  milbehaving  themfelves  as  aforefaid,  he  or  ihey  fo  offending  fhall  forfeit  and  pay  for 
each  and  every  fuch  Offence  the  Sum  of  Six  Pounds ;  one  H:df  to  the  Ufe  of  him  (r  them  who  fhall 
fue  for  the  fame,  and  the  other  Half  to  the  Churchwatdens,  for  the  Ufe  of  the  Parilh  where  fuch  Of- 
fence was  committed  ;  to  be  recovered  by  Aftion  of  Debt,  Bili,  Plaint,  or  Information,  in  any  Court 
of  Record  within  this  Province  having  Cognizance  thereof,  wherein  there  fiiall  be  no  Elfom,  Injuncli- 
on,  Proieclion,  or  V/ager  of  Law,  allowed  or  admitted  of. 

VI.  P  ROVl  D  ED  always.  That  any  Perfon  or  Perfons  aggrieved  by  the  Judgment  of  any  Infe-  Right  of  Appeal* 
rior  Court  may,  and  are  hereby  intitled  to  an  Appeal  to  the  Superior  Court  of  the  Dillrift  to  which 
.  fuch  Inferior  Court  fhall  belong  ;  and  any  Peifon  aggrieved  by  the  Judgment  of  any  Jullice  of  the 
Peace,  upon  Conviction  for  any  of  the  Offencos  in  this  Aft  cognizable  before  him,  may  appeal  to  the 
next  Coui-t  to  be  held  for  the  County  wherein  futh  Perfon  fhall  be  convifted,  but  Ihall  give  Notice  in 
Writing  of  fuch  Appeal  tc  the  Appellee,  and  fliall  alfo  enter  into  Recognizance,  with  two  Securities, 
before  any  Jullice  of  the  County  wherein  the  Judgment  was  given,  on  Condition  to  try  luch  Appeal  at 
the  next  enfuin^  Court  heid  for  the  fame  County,  waich  fhall  be  by  the  faid  Court  then  heard  and 
finally  determined. 


VII.  PROVIDED  alfo,  That  no  fuch  Judgment  obtained  before  any  Juftice  of  the  Peace  fhall  No  Jadgmfnt  to 
be  fet  afide  for  Want  of  Form,    wherein  it  ihall  appear   to   the  Court  that  the  Fadt  was  funiciently  b-  i<;c    aTiJe  Us 
proved  at  the  Trial ;  nor  fhall  any  fuch  Judgment  be  removed  by  any  Appeal,  V/rit,  or  ProceL  what-  ^^^'^  '-^  ^"'"'• 
foever,  to  any  Superior  Court. 

VIII.  AN D  be  it  further  EnaSed,    ^y  /,?.?  ^«//;-or/V_)i«/«r^_/2jiV,  That  this  Aft  fhall  be  and  continue  Continuance     of 
in  Force  for  and  during  the  Term  of  Five  Years,  and  from  thence  to  the  End  of  the  next  Scffion  of  the  '•-^^ 
Affembly,  and  no  longer. 


CHAP.     XXXVt. 

/in  A£l  to  indemnify  the  feveral  Sheriffs  who  have  not  coUe£led  the  One  Shilling  Tax  pef 
Poll,  for  Jinking  the  Twelve  Thoiijand  Pounds  granted  in  the  Tear  One  Ihoufand  Seven 
Hundred  and  Sixty,  and  the  Tax  of  Two  Shii'ings  per  Pel!,  for  finking  the  Twelve 
Thoufand  Pounds  granted  in  the  7'ear  One  Thoufand  Seven  Hundred  and  Sixty  One ;  and 
to  direct  fuch  Sheriffs  who  have  received  the  faid  Taxes,  to  refund  the  fame  to  the  People 
from  whom  they  received  the  faid  Taxes. 


I. 


WHEREAS  it  was  refolved  in  the  Affembly  in  D^«^i/^(?r,  One  Thoufand  Seven  Hundred    Preamble* 
and  Sixty  Eight,  that  the  Tax  of  One  Shilling;)^/-  Poll,  for  finking  the  Twelve  Thoufand 
in  the  Year  One  Thoufand  Seven  Hundred  and  Sixty,  and  the  I'a.x:  of  Two  Shillings 


Pounds  granted  m  the  Year  One  'ihoufand  Seven  Hundred  and  bixty,  and  tiie  la.x:  ot  I'wo  tjhillrngs 
per  Poll,  for  finkinj  the  Twenty  Thoufand  Pounds  granted  in  the  Year  One  Thoufand  Seven  Hundred 
&nd  Sixty  One,  have  had  their  Effect,  and  ought  not  thencefoith  to  be  collected  j  and  it  being  doubt- 

U  u  u  ful 


49° 


LAWS    of    North-Carolina. 


jS.  D. 


1770. 


Taxes  not  to  be 

solh&ed. 


Whire  they  have 
been  colle£ltd,  to 
bs  refunded. 


To  be  (lifconnteij 
In  the  Tax  of 
X770. 


Treafurers  torfif. 
count,  where  faid 
Tax  has  been  paid 
them, 


Taxes  to    ceafe. 


ful  whetlier  the  ShcrifFs  are  not  liable  to  account  for,  and  pay  th?  faid  Taxes,  into  theTreafury,  not- 
withftanding  the  faid  Refolvc  :  For  Remedy  whereof, 

II.  BE  it  Enabled,  by  theXSovernor,  Council,  and  AJfetribly,  and  by  the  Authority  of  the  \fame.  That 
no  Sheriff,  or  other  CoUeftor  of  the  Public  Taxes,  (hall  be  liable  to  account  for,  and  pay  into  the 
Treafury,  any  Fart  of  the  One  Shilling /^r  Poll,  for  finking  the  Twelve  Ihoufand  Pounds  granted  in 
the  Year  One  Thoufand  Seven  Hundred  and  Sixty,  or  any  Part  of  the  Tax  of  Tw  o  Shillings  ftr  Poll, 
for  finking  the  Twenty  Thoufand  Pounds  granted  in  the  Year  One  Thoufand  Seven  Hundred  and 
Sixty  One,  which  hath  become  due  and  payable  fince  the  laft  Day  qi  December,  One  Thoufand  Seven 
Hundred  and  Sixty  Eight,  for  or  on  Account  of  any  Colledion  of  Taxes;  any  Law,  Ufage,  or  Cuf- 
tom,  to  the  contrary,  notwithftanding. 

lil.  AND  wheireas  fome  Sheriffs  hath  proceeded  and  coUe£led  either  the  Whole,  or  Tome  Fartj 
of  the  faid  Taxes,  fince  the  pafling  the  faid  Refolve,  alledgihg  that  they  would  be  liable  to  account 
for  the  fame  with  the  Treafurer:  Be  it  EnaSed  by  the  Authority  afore/aid.  That  where  any  Sheriff,  or 
other  Colleftoi-  of  Public  Taxes,  hath  received  from  any  Perfon  or  Pcrfons  whatfoever,  any  Part, 
or  the  whole  of  the  aforefaid  Taxes,  on  the  Colleftion  of  any  Taxes  becoming  due  fince  the  laft 
Day  of  December,  One  Thoufand  ieven  Hundred  and  Sixty  Eight,  fuch  Sheriff  or  Colleftor  ftiall 
on  Requeft  of  fuch  Perfon  or  Perfons,  at  any  Time  after  the  Tenth  Yi^y  oi  March  next,  refund  and 
pay  to  the  Perfon  or  Perfons  from  whom  he  received  the  faid  Tax,  or  any  Part  thereof,  the  whole 
Sum  which  he  ftiall  have  received,  on  Account  of  the  One  Shilling  and  Two  Shilling  finking  Funds 
aforefaid  ;  to  be  recovered  by  Warrant,  from  any  Juftice  of  the  Peace,  on  the  Plaintiff's  producing  a 
Receipt  from  fuch  Sherift"  or  Colledor,  and  it  appearing  tb  the  juftice  that  the  faid  Taxes,  or  anjr 
Part  were  adtually  received  by  fuch  Sheriff  or  Colleftor. 

IV  P RO  V ID  E  D  neverihelefs.  That  where  any  Sheriff  or  Colleftor  who  hath  received  the 
Whole,  or  any  Part  of  the  faid  I'axes,  and  is  continued  in  Office  to  colleft  the  Taxes  for  the  Year 
One  Thoufand  Seven  Hundred  and  Seventy,  may  retain  fuch  Sums  as  he  hath  received  on  Account  of 
the  aforefaid  Taxes,  until  he  doth  receive  the  Taxes  for  the  Year  One  Thoufand  Seven  Hundred  and 
Seventy  j  and  he  is  then  direfled  and  required,  to  difcount  fo  much  of  the  faid  One  Shilling  and  Two 
Shilling  Taxes,  as  he  hath  received  heretofore  according  to  the  true  Intent  of  this  Aft.  And  if  any 
Sheriff  or  Colleftor  of  the  Public  Taxes,  ftiall  have  paid  into  the  Treafury  any  Part  of  the  faid  One 
Shilling  or  Two  Shilling  Taxes  aforefaid,  which  hath  been  collefted  on  Account  of  Taxes  becpming 
due  fince  the  laft  Day  oi  December,  One  Thoufand  Seven  Hundred  and  Sixty  Eight,  it  fliall  and  may 
be  lawful  for  fuch  Sheriff  or  Colleftor  to  demand  and  receive  of  the  Teafuicr  or  Treafurers,  to  whom 
he  ftiall  have  paid  any  fuch  Taxes,  all  Sum  or  Sums  of  Money  which  the  faid  Sheriff  or  CoUeftor 
paid  him,  them,  or  either  of  them;  to  be  recovered  by  Aftion  of  Debt,  in  the  Superior  Court  of  the 
Diftrict  wherein  the  County  is  fituated,  of  which  fuch  Sheriff  is  or  was  Collector. 

V.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  neither  of  the  aforefaid  Taxes 
cfOneorTwo  Shillings,  ftiall  be  demanded,  taken  6x  received,  of  or  from  any  Perfon  or  Perfons 
whatfoever  hereafter,  on  any  Pl-etence  whatfoever. 


Preambles 


T3X   laid 

Vears, 


Applied. 


Continuance 
the  Aft. 


Thi-;  Aa  had  its 

Etf.a, 


CHAP.     XXXVII. 

An  additional  A51  to  an  Aff,  intituled.  An  Adt,  for  defraying  the  contingent  Charges 

of  Government. 

I.  T  T  7  H  E  R  E  A  S  the  Tax  laid  by  the  before  recited  Act,  is  not  fufficicnt  to  dtfray  the  Charges 


W"' 


Government ; 


for  ,  It.  BE  it  therefch  Enabled  by  the  Governar,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fane  y 
That  ari  additional  Poll  Tax  of  One  Shilling,  be  levied  on  each  taxable  Perfon  in  this  Piovince  for 
and  during  the  Term  of  Three  Years ;  which  faid  Tax  ftiall  commence  for  the  Year  One  Thoufand 
Seven  Hundred  and  Seventy  One,  ftiall,  by  the  feveral  Sheriffs  be  collefted,  accounted  for,  and  paid 
to  the  Public  Trtafurers,  in  the  fame  Manner,  and  under  the  fame  Rules,  Reftriftiohs,  and  Penal- 
ties, as  other  Taxes  are  by  Law  to  be  eccoimted  for  and  paid. 

III.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  Monies  to  be  raifed  and  paid 
into  the  Treafury,  by  Virtue  of  this  Aft,  ftiall,  by  the  Public  Treafurers,  rcfpeftively,  be  applied 
towards  paying  the  Claims,  Wages,  and  other  Allowances  made  by  the  General  Affembly  of  this 
Province. 

of  IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  above  recited  Aft  ftiall  be 
and  continue  in  Force  for  Three  Years,  from  and'after  the  paffing  of  this  Aft:  Any  Thing  in  the 
faid  Aft  to  the  contrary,  notwithftanding. 


CHAP.     XXXVIII. 

^n  Act,  to  enlarge  the  "Time  for  feveral  Sheriffs,  to  fettle  their  Accounts  with  the  Jufiicei 
of  the  Inferior  Courts  of  Pleas  and  garter  Sejfwns  of  the  Counties  therein  mentioned.    , 

•     G  H  A  x.i 


LAWS    of    North-Carolina. 


491 


CHAP.     XXXIX. 


/f.  D.    1770. 


I'reaable, 


An  Act ^  for  afcertaining  th;  Boundary  Line  between  the  County  of  Rowan,  and  the  Counties 
of  Mecklenburg  and  Tryon  ;  and  for  appointing  ComrniJ/ioners  to  run  the  fame. 

I.  TXrHEREAS  the  Boundary  Line  between  the   County  of  Rowan,  and  the  Counties  ol  Meck- 
y  y     Itnburg  and  Tryon,  hath  not  as  yet  been  afceitained,  by  Reafon   whereof,  the  Inhabitants 
within  the  difputed  Bounds  of  the  faid  Counties   refufe  to  give  in  a  Lift  of  Taxables,  or  pay  their 
Taxes  in  any  of  the  faid  Counties ; 

11.     B  E  it  Enaffe^,   hy  the  Governor,  Council,  and  A£embly,  and  hy  the   Authority  of  the  fame.    That         Commiffi'ners 
Thomas  Neil,  Thomas  Polk,  Mattheiu   Locke,   Giifith  Rutherford,  and  Peter  Johnjion,  Efquires,  be  ap-     appolntrd  to  run 
pointed  Commiflioners ;  and  they,  or  a  Majority  of  them,  are  hereby  impowered  and  required,  to  run     the  di»iaingLin:. 
the  Dividing  Line    between    the  faid    County    of  Ro'wan,    and   the    Counties   of  Mecklenburg   and 
Tryon  •  beginning-  at  Cold  Water,  where  John  Patterfon's  upper  Line  cro/Tis  the   Creek  ;   thence  due 
Weft  until  it  interf  ctsthe  Cherokee  Indian  Lire  ;  which  faid  Line,  when  run  by  the  Commiftioners  afore- 
faid,  or  a  Majority  of  them,  fliull   by  them  be  entered  on   Record   in   the  Court  of  each  of  the  faid  •    " 

Counties,    and   fliall  hercaitcr  be  deemed   and  taken  to    be    the  Dividing  Lines  between    the    faid  5 

Counties.  '*•" 

in.     AND  for  defraying  the  Charge  of  running  the  faid  Line  ;  Be  it  further  Enafied  by  the  Autho-     Tix  laid  f  r  pay- 
rity  aforefaid.  That  the  inferior  Courts  of  each  of  the  faid  Counties,  ftiall  lay  a  fuificient  Poll-Tax  on     '"8  Coiiimifljofl. 
the  Inhabitants  of  their  refpective  Counties,  which  fhall  be  levied   in  the  fame  Manner  as  other  Public     "*' 
Taxes,  as  (hall  be  fufficient  to   pay   and  fatisfy  their  refpective  Commiflioners,  for   the  Charge   and 
Trouble  in  running  the  aforefaid  Line. 


CHAP.     XL. 

An  Act  for  fecuring  and  preferving  the  Titles  of  the  Freeholders  in  this  Province. 

1.  "fT /"HERE  AS  through  the  Neglecl  and  Mifmanagement  of  Perfons,  who  have  heretofore    PreamWei 

W  been  Regifters  in  this  Province,  many  of  the  Books  wherein  the  Conveyances  of  Lands 
within  feveral  of  the  Counties  are  regiftered,  are  fo  abiifed  and  defaced,  as  to  be  almoft  unintelligible, 
and  in  Danger  of  being  entirely  loft,  find  are  feme  of  them  removed  to,  and  difperfed  in  otker  Coun- 
ties, whereby  the  Freeliclders  are  in  Danger  of  being  greatly  injured  j 

II.  BE  it  therefore  EnaCted  hy  the  Go-vernor,   Council,  and  Affemhly,  and  by  the  Authority  of  f he  fame.  Records    to     be 
That  the  Juftices  of  the  Inferior  Court  of  any  County,  or  any  Seven  of  theni,  at  any  Court  held  be-  coUefted,   and 
tween  the  pafling  of  this  Aift  and  the  Firft  Day  oi  May,  One  Thoufand   Seven  Hundred  and  Sevetity  ^>-^  Copies  made. 
Two,  may,  and  are  hereby  impowered,  to  appoint  Tome  Perfon  or  PerfonS  to  colled  together  all  the 

Books  or  Papers,  wherein  are  regiftered  the  Conveyances  of  Lands  in  their  refpedive  Counties,  and 
to  make  a  fa]r  Copy  of  the  fame  into  a  Book  or  Books,  well  bound  in  Calf  or  Vellum;  and  the  fame 
being  fairly  copied  into  the  faid  Book  or  Books,  to  prefent  to  the  Court  for  their  Approbation. 

III.  AND  the  faid  Book  or  Books  being  approved  of  by  the  Court,  in  order  to  prevent  Frauds,  Perfms  to  tt 
and  corred  Errors  ;  Be  it  further  EnaBcd,  hy  the  Authority  aforefaid.  That  Six  Perfons  be  appointed  to  eleded,  to  ror- 
examine  and  corred  the  fame,  in  Manner  following,  tonjoit.  Two  of  them  by  the  Court,  Two  of  them    "^ 'hem. 

by  the  Veftry,  and  the  other  Two  of  them-  hy  the  Freeholders  of  the  faid  County,  or  a  Majority  of 
them:  And  in  order  that  the  Freeholders  be  properly  convened  for  that  Purpofe,  the  Juftices  of  the 
Inferior  Court  are  hereby  impowered,  to  direct  the  SheiifFof  the  faid  County  to  fet  up  Advertife- 
iTients,  appointing  a  Day  for  the  faid  Freeholders  to  meet  at  the  Court  Houfe  of  the  faid  County,  to 
elect  and  choofe  the  faid  two  Perfons  for  the  Purpofe  aforefaid  ;  and  the  Sheriff  is  hereby  direfted  to 
attend  at  the  Courr-Houfe  on  fuch  Day  as  fliall  be  fo  appointed  for  the  Eleftlon  aforefaid,  and  fhall 
take  a  Lift  of  the  Names  of  the  Voters,  and  the  Votes  given  in  by  each  Freeholder  in  his  proper  Per- 
fon, and  the  Poll  kept  open  unnl  Sunfet;  and  the  Sherift"  ftiall  declare  the  Perfons  who  have  the 
greateft  Number  of  Voces  duly  elcttcd,  and  ftiall  fign  the  Poll,  and  return  the  fame  to  the  next  Infe- 
rior Court,  to  be  filed  by  the  Clerk  amongft  the  Records  of  the  faid  County,  the  Clerk  having  firft 
made  an  Entry  of  the  Names  of  fuch  Perfons  fo  eleiVed  on  the  Minutes  of  the  faid  Court;  and  the 
Perfon  fo  appointed  and  eleded  as  aforefaid,  having  examined  the  faid  Book  or  Books,  and  compared 
them  with  the  Originals,  and  correded  any  Errors  that  they  may  find  in  the  fame,  ftiall  certify  the 
fame,  on  Oath,  in  open  Court ;  which  Certificate  fhail  be  entered  on  the  Minutes  of  the  faid  Court, 
and  alfo  in  the  faid  Book  or  Books ;  which  Certificate  fo  entered  in  the  faid  Book  or  Books,  fhall  be 
figned  by  fuch  Perfons  io  appointed  as  aforefaid  to  exa.iiine  the  fame,  and  be  attefled  by  the  Clerk  iii 
open  Court  :  And  all  Deeds  and  Conveyances  of  Lands,  inferted  in  the  faid  Book  or  Books  as  afore- 
faid, from  the  eld  Rcgilters,  Bo:)ks,  and  Papers,  fhall  be  deemed  and  taken  to  be  duly  regiftered  and 
certified  Copies  from  the  faid  Book  or  Books,  and  ftiall  be  of  equal  Validity  with  Copies  of  Deeds 
from  any  other  Regifters  Oiiice  within  this  Province  ;  any  Law,  Ufnge,  or  Cuftom,  to  the  contrary* 
notwithftanding. 

IV.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid,    Tliat  it  fhall   and  may  be  lawful  for    t|,j;^  p^^^^. 
any  Perfon  or  Perfons,  fo  appointed  and  eleded  as  aforefaid,  to  colied  the  Books  and  Papers  wherein    demand   an^ic:- 
«ny  Conveyance  of  Land  within  the  faid  Counties  are  regiftered,  to  demand  and  receive  the  faid  Books    «ivetheRecordi. 

and 


492  LAWS    of    North-Carolina. 


A.  D.    1770.     •'"iJ  Papers  from  every  Perfon  or  Perfons  who  may  have  the  fame,  or  any  of  them,  in  his  or  their  Pof- 

i_^      ^1    . (       feflion  :    And  in  Caie  of  the  Relufal  of  any  fuch  Perfon  or  Perfons,  fo  pofTefled  as  aforefaid,  ic  Jhall 

and  may  be  lawiul  for  the  Superior  Court  of  the  Diftrid,  on  Motion,  after  Ten  Days  previous  Notice 
given  to  fuch  Peifon  or  Pericns  fo  rtfuling,  and  on  the  faid  Fads  appearing  fufficicntly  to  the  Court, 
to  order  and  adjudge  he  or  they  be  committed  to  clofe  Gaol,  without  B  lil  or  A'iainprize,  until  he  or 
they  fhail  caufe  the  faid  Books  and  Papers  by  him  poflelTed  to  be  delivered  to  the  Perfon  or  Perfons  to 
receive  the  fame,  and  (hall  alio  pay  and  fatisfy  all  fuch  Colis  as  may  accrue  by  Reafon  of  fuch  Motion. 

To  he  dtl'ivered  V.  A  N  D  be  it  further  Enafied,  by  the  Authority  aforefard.  That  the  Inferior  Court  of  the  County 
to  the  Rcgiiler  where  the  faid  Records  ihall  be  lb  examined  and  compleated,  ihall  deliver  to  the  Regifter  of  fuch 
of  the  Co.Muy.         (^.Qu^ty  the  faid  Books,  to  be  by  him  kept  as  ufual. 

Allowance  to  VI.     AND  be  it  further  Ena^ed,   by  the  Authority  aforefaid.    That  it  fhall  and   may  be  lawful   for 

thftn  for  their  the  Juftices  of  the  laid  Court  to  make  fuch  reafonable  Allowance  as  may  be  thought  necelfary  to  fuch 
T.-ouble.  Perfons  as  fliall  be  appointed  and  eleded  for  the  Purpofe  aforefaid,  to  be  paid  out  of  the  County  Tax. 

C  nveyances  VII.     AND  whereas  many  Conveyances  for  Lands  in  the  faid  Counties,  certified  by  the  Regifter 

hav  ng  Ccrtifi-  to  have  been  regiftered,  are  not  to  be  found  in  any  of  the  Regifters  Books  for  the  refpeftive  Counties; 
ot  frobate,  jj^  jt  therefore  Enaiied,  by  the  Authority  aforefaid.  That  any  Perfon  prodticing  to  the  Regifter  of  the 
eregiUered.  (jounty  whereof  he  is  Regifter  any  Deed  of  Conveyance  for  Lands  in  the  faid  County,  wicii  a  Certifi- 
cate thereon  indorfed,  of  the  fame  having  been  duly  proved  before  the  Inferior  Court  of  tlie  faid 
County,  or  the  Chief  Juftice,  or  one  of  the  Aflbciate  Jultices,  fliall  be  inti'ied  to  have  the  fame  regif- 
tered ;  and  the  Regifter  of  the  faid  County  is  hereby  required  to  regifter  the  fame,  if  fuch  Convey- 
ance be  not  found  in  the  Books,  notwithftanding  fuch  Certificate  of  Regiftration. 


C  H  A  P.     XLI. 

An  Act  to  alter  the  Method  of  working  upon  the  Roads  in  the  County  therein  mentioned. 

EXP. 

CHAP.     XLII. 

An  Act  for  dividing  the  northern  Part  of  Rowan  County^  and  erecting  a  nevj  County  and 
Farijby  by  the  iVame  of  Surry  County  and  St.  Jude's  Parijh. 

r/eamblej  I.  '^TTHEREAS  the  large  Extent  of  the  County  of  Ro^an,  renders  it  grievous  and  burthenfome 

Y  y      to  many  of  the  Inhabitans  thereof  to  attena  the  Courts  and  General  Mufters,  and  other  Pub- 
lic Meetings  appointed  therein  j 

^  ^      p  11.     B  E  it  Enaiied,   by  the  Governor,   Council,  and  Affembly,  and  by  the  Authority  of  the  fame.    That 

retted.  from  and  after  the  Firft  Day  of  April  next,   the  faid  County  of  ^oxu««  be  divided  by  a  Line,  beginning 

at  a  Point  Forty-two  Miles  North  01  Earl  Gran-uilie's  Line,  on  Guilford  County  Line  ;  thence  running 
North  to  the  Firoina  Line  ;  thence  VVeftwardly  along  the  Mountains  to  the  Ridge  that  divides  the  Wa- 
ters c.il'adkin  and  the  Cataviba  Rivers  ;  thence  along  the  faid  Ridge  to  the  Ncrthweft  Corner  i:\  Ro-Man 
County  ;  then  Eaft  along  Rowan  County  Line  ta  the  Beginning,  be  thenceforth  ereiited  into  a  diftinc: 
County  and  Parifli,  by  tne  Name  of  Surry  County  and  St.  Jude's  Parifti. 

Cmrts  for  the  HI.  A  N  D  for  the  due  Adminiftration  of  Juft'ce,  5# // £/i«i?^^,  ^y /^£  ^a/^orZ/y  ^ycr^iV,  That  after 
h\A  C  unties  to  the  aforefaid  Firft  Day  of  April,  a  Court  for  the  aforefaid  County  oi Rowan  be  conftanty  held  by  the 
be  held.  Juftices  thereof,  at  the  Court-Houfe  in  the  faid  County  at  Salijbury,  on  the  Firft  Tucfdays  in  February, 

May,  Auguft,  and  November,  in  each  Year;  and  alfo,  that  a  Court  lor  the  laid  County  of  5«r;y,  be 
conftantly  held  by  the  Juftices  thereof,  at  Gidco7i  Wright^s,  on  the  third  Tufdays  in  February,  May, 
Augul  Sit-A  No-vember,  in  every  Year,  as  by  the  Laws  of  this  Province  is  provided,  and  fliall  be  by 
Cummiflion  to  the  Juftices  of  the  faid  Counties  reipeftively  directed. 

Sheriff  of  Rowan  jy  J  J^'  D  be  it  further  EnaBcd,  by  the  Authority  aforefaid.  That  nothing  herein  contained  (hall 
to  collea  Taxes,  ^^  <-onftrued  to  debar  the  Sheriff"  of  the  fiid  County  of  Ru^^o.n,  as  the  fame  ftands  now  undivided,  to 
vifi  n  "^  mal-e  Diftrefs  for  any  Levies,  Fees,  or  other  Dues,  that  fliall   be  due  Irom  the  Inhabitants  of  the  faid 

County  on  the  faid  Firft  Day  oi  April,  in  the  fame  Manner  as  by  Law  the  faid  Sheriff  could  or  might 
have  done,  if  the  faid  County  had  remained  undivided  ;  and  the  faid  Levies,  Fees,  and  other  Dues, 
fhall  be  collefted  and  accounted  for  in  the  fame  Manner,  as  if  this  Ad  had  never  been  made;  any 
Thing  herein  contained  to  the  contrary,  notwuhftunding. 

^""Z  ^^\  -^  V  AND  he  it  further  Enaaed,  by  the  Authority  af ore/aid.  That  after  the  Firft  Day  of  April,  the 
^anfburyD.ftr.a      ^_^.^  '^  of  Wfi^all  be,  continue,  and  remain.  Part  of  the  Diftrid  of  the  Superior  Court  of 

juftice  ufually  held  for  the  Diftrid  oi  Salifurv ;  and  the  Sheriff' of  the  faid  County  of  Surry  ihM,  from 
Time  to  Time,  account  for  and  pay  to  tne  Public  Freafurer  of  the  Southern  Diftiid  of  this  Provmce, 
for  the  Time  being,  all  Public  Levies  by  him  colleded,  or  wherewith  he  ihrM  ftand  chargeable,  in 
the  fame  Manner,  and  under  the  like  Pains  and  Penalties,  as  other  Sheriff's. 

\  I,   r  K  U' 


LAWS    of    North-Carolina. 


493 


VI.     P  ROV  ID  ED  always,    That -nothihg  herein    contained  fliall  be  conftrued  to  alter   or  de-  A,  D.    1770. 
fogate  from  the  Right  and  Royal   Prerogative  of  his   Majeily,  his   Heirs  or   Succeflbrs,  of  granting      v,.— v**w/ 

Letters  of  Incorporation  to  the  faid   Counties ;  aqd  of  ordering,  appointing,  and  diteding  the  Elec-  R'^alk'rerogative 

tion  of  a  Member  or  Members  to  reprefent  them  in  Aflembly  ;  and  of  granting   Markets  and  Fairs  f'^j,„V""T"*^"" 

to  be  kept  and  held  in  them  refpedively  ;    but  that  the  faid  Right  and  Prerogative  fliall  and  may,  .^^ 

at  all  Times  hereafter^  be  exercifed   therein  by  his  faid  Majelly,  his  Heirs  and   Succelfors,  in  as  full  ■'  * 

and  ample  Manner,  to  all  Intents  and  Purpofes  whatfocver,  as  if  this  Acl  had  never  been  made. 


VII.  AND  be  it  further  EnaSed,  by  the  Authority  aforejaid^  That  Griffith  Rutherford,  John  Dunn, 
Matthenv  Locke,  Martin  Armjirong,  and  Anthony  Hampton,  Kfquires,  be  appointed  Commiflioners ;  and 
they  are  hereby  impowered  and  required  to  run  the  faid  dividing  Lines  between  the  Counties  ol  Rowan 
and  Surry,  agreeable  to  the  Direftions  of  this  A&.  ;  which  faid  Lines  when  run  by  the  Commiffion- 
ers,  or  a  Majority  of  them,  ftiall  be  by  them  entered  on  Record  in  the  Court  of  each  of  th^' laid 
Counties,  and  fliall  hereafter  be  deemed  and  taken  to  be  the  dividing  Lines  between  the  faid  Counties 
of  Roiuan  and  Surry, 


Corr.mlffiinerj 
appoitu'd  to  run 
the  dividing  Line, 


hy  the  Authority  afore/aid.    That    xk^  {a.\d  Griffith  Rut  h'erf or  d,    TH-iWaCo 
rniflrotig,  and   Anthony   Hampton,  the  Survivor  or   Survivors  of       ''"  ~>  ^'^' 


Court 


urori  foiRcwan, 


lijb 

E. 


VIII.  AND  he  it  further  EnaSed, 
John  Dunn,  Matthevj   Locke,  Martin   Armfrong,  and   Anthony   Hampto 

them,  be,  and  tlrcy  are  hereby  impowered  and  dircded,  to  agree  and  funtrad  with  Workmen  for 
eredling  and  building  a  Court- Houfe,  Prifon,  and  Stocks,  for  the  \Jk  of  the  faid  County  oi  Surry,  at 
fuch  Place  as  they,  or  the  Majority  of  them,  or  tlieir  Survivors,  ihall  agree  upon. 

IX.  A  N  D  for  reimburfing  the  faid  CommiiTioners  the  Money  they  fliall  expend  in  erefting  the  Tax     laiJ     for 
faid  Buildings  ;  Be  it  further  Enabled,   by  the   Authority   aforefaid.  That  a  Poll-Tax   of  Two    Shillings  I'uilding    Couu- 
Prcclamation   Mi'ney,   per  Annum,    fliall   be  levied   on  each   taxable  Perfon  in  the  faid  Counry  of  Houfe,  &c. 
Surry,    for  three   Vcprs  next  after  the  faid   Firil  Day  of  April :  And  that  all  Perfons  who  fliall  ne- 

gled  to  pay  the  faid  Tax  till  after  the  Tenth  Day  of  March  in  each  Year,  fliall  be  thereafter  liable 
to  the  fame  Diftrefs  as  for  Non-Payment  of  Public  Taxes;  and  the  SheriiFof  the  faid  County  is  here- 
by required  and  dirtdcd,  on  or  before  the  Tenth  Day  of  June  in  the  faid  Years,  refpedively, 
to  account  for  and  pay  the  Money  fo  by  him  colleded,  to  the  Commiflioners  aforefaid,  after  deduding 
Eight /«r  Cent,  for  his  Trouble  in  colleding  the  fame  :  And  in  Cafe  of  Failure  or  Negled  therein  by 
the  Sheriff,  he  fliall  be  liable  to  the  fame  Penalties  as  by  Law  may  be  had  againft  Sherili's  who  neg- 
led or  refufe  to  account  for  and  pay  any  Public  Taxes. 

X.  AND  for  defraying  the  Charges  of  running  the  faid  Lines  between  the  Counties  of  ^ewa«  Surry  to  lay  • 
tad  Surry  ;  Be  it  Enafte^d  hy  the  Authority  aforefaid.  That  the  Inferior  Court  of  the  laid  County  of  T".-^'".- '"?"'"' 
Surry,  ihal!  I.iy  a  liifHcient  Poll-Tax  on  the  Inhabitans  of  their  faid  County  ;  which  fliall  be  levied  in    '  "   "' 

the  fame  Manner  ns  other  Public  Taxes,  to  pay  and  fatisfy  their  faid  CommiiTioners  for  the  Carge  and 
Trouble  in  ruiaiiiig  the  aforefaid  Lines. 

XI.  AND  whereas  the  Number  of  Jurors  to  ferve  at  the  Superior  Court  for  the  Didrid  of  Sa-    y 
/bury,  for  the  County  of  Rowan,  were  formerly  Eleven   Grand  jurors  and  Eleven  Petit  Jurors  ;  Be  it 

Juaffed,  by  the  Authority  aforefaid.  That  the  Jultices  of  the  faid  County  of  Rowan,  fhall  for  the  fu- 
ture, appoint  only  Six  icnbns  to  ferve  as  Grand  Jurors,  and  Six  Peifons  to  ferve  as  Petit  Jurors,  at 
the  faid  ouperior  Court  of  Salijhury  :  Any  Law,   Ufage,  or  Cuftom  to  the  contrary,  notwithilainding. 

XII.  AND  be  it  furthtr  EnaSled,  by  the  Authority  aforefaid.  That  the  Ju.lices  of  the  Inferior  Court  ]«">'•  '<"  Sorry, 
of  Surry  County,  fliali,  and  they  are  hereby  direded,  before  every  Superior  Court  held  for  the  Dillrid 

of  Salijhury  aforefaid,  to  nominate  and  appoint  fix  Freeholders  to  ferve  as  Grand  and  Petit  Jurors  at 
fuch  Superior  Court ;  A  Lilt  of  which  Jurors  fo  nominated,  fliall  be  delivered  by  the  Clerk  of  fuch 
Court  to  the  Sheriff,  who  fliall,  and  is  herfby  required,  to  fummons  the  Perfons  fo  nominated  to  ferve 
as  Jurymen  at  the  faid  Superior  Court ;  which  Jurymen  fo  nominated,  ftiall  have  and  receive  the  fame 
Allowance,  and  fh:u!  be  under  the  fame  Rules,  Fines,  and  Reltridiuns,  as  other  Juiymen  in  the  ref- 
pedive  Counties  in  this  Province, 

XIIT.     AND  he  it  further  Enaiicd,  If  the  Authority  aforefaid.  That  the  Freeholders  of  the  faid  Coun-    Veftrymen      ftfr 
ty  of  Surry,  fliall,  on   Eajler-Monday  iitxt,  meet  at  the   Place  where   the  Inferior  Courts  of  the  faid    the    County    of 
County  arc  to  be  htld  ;  then  and   there  to  choofe  and  eled  Vellrymen  :  Which  Veftrymcn  fo  chofen,    Surry   to    be  «• 
after  taking  the  Oaihs   hy  Law  appointed   for  their  Qualification,  ftiall   be,  and  are  hereby  inverted    ''"'='*• 
wiih  as  full  Power  and    Authority,  and  liable  to  the  fame  Rules,  Reftridions,  and  Penalties,  as  the 
\'cllrics   are  by  Law   fubjed  to;   and    fliall  be  and  remain   the  Vellry  of  the  faid  Pariih  and  County, 
until  the  'lime  by  Law  appointed  for  the  Elediorf of  Veftrymen  throughout  the  Province. 

XIV.     AND  whereas  fome  Doubs  have  arifen,  how  far  the  breaking  of  the  laft  Superior  Court    Procefs  in  Hillf- 
of  Juilicc  held  for  the  Dillrid  of  Ihlifwrough,  by  the  Infurgents,  without  a  regular  Adjournment  there-    butuugli  Superior 
of  to  ihc  next  'Perm,   may  aflcd  the  Ojuiiation  in  Law  of  the   Adions,  Writs,  Suits,    Proceffes,  and    "^""^   cintinue* 
Recognizances,  returnable  to,  or  depending  in  the  faid  Court :  For  removing  of  which  Doubts,  Be  it    '"  next  Term. 
Enaited,  by  the  Authority  aforefaid,  'f'iiat  all  Adions,  Suits,  Writs,  Procefs,  Petitions,  Indictments,  In- 
formations, and  Prefcntmcnts  whatfoever  heretofore  commenced  in,  iffued  from,  or  retur.iable  to  the 
faid  Court,  the  Adjournment  wliereof  to  the  Term  in  Courfe  was  prevented  as  aforefaid,  fliall  be,  and 
are  hereby   continued  to  the  next  Term  in   Courfe  :    And  all   Subpoenas  for  WitnefTes,  and  Recogni- 
zances for  the  Appearance  of  Perfons,  as  eficdual  as  if  a  regular  Adjournment  had   been  made  of  faid 
Court ;  ana  the  Perfons  fummonod  at  Witneffes,  and  entering  into  fuch  Recognizances,  bound  to  ap- 
pear to  the  next  Term  accordingly.  ^ 

X  X  X  CHAP. 


494 


LAWS    of    North-Caroli  na. 


A.  D.    1770. 


fream' 


blei 


CHAP.     XLIII. 

An  A£l^  for  the  more  fpeedy  Recovery  of  all  Debts  and  Demands  under  Five  Pounds^  Pro-^ 
damation  Money,  wtthin  this  Province, 

I.  WJ  H  EREA  S  the  Method  of  recovering  Sums  of  Money  above  the  Value  of  Forty  Shillings, 
y  V  ^^^  under  Five  Pounds,  Proclamation  Money,  by  Way  of  Petition  and  Summons,  as  here- 
tofore by  Lawdirefted,  has  riot  only  been  frequently  found  to  be  attended  with  much  Delay,  but  alfo 
with  great  Cofts  and  Expence  to  the  Parties ;  and  whereas  many  Miftakes  and  Abufes  have  been  com- 
Initted  in  recovering  SumsAinder  Forty  Shillings,  for  Want  of  feme  Law  more  explicit,  with  Refpeft 
to  the  Mode  of  recovering  and  obtaining  Satisfaction  for  Sums  under  that  Denomination :  For  Remedy 
whereof. 

Method  of  Reco.  H-  BE  it  EnaiieJ,  by  the  Governor,  Council,  and  AJfembly,  and  hy  the  Authority  tf  the  fame.  That 
very  of  Sums  un-  from  and  after  the  Firft  Day  oi  March  next  from  the  paffing  of  this  Ad,  all  Debts  and  Demands,  not 
^et  5  1.  before  exceeding  Forty  Shillings,  Proclamation  Money,  are  hereby  declared  to  be  cognizable  and  determin- 
Jufticcs.  able  by  any  one  Juftice  of  the  Peace  ;    who  may,  by  Warrant  under  his  Hand  and  Seal,  direfted  to 

the  Sheriff,  Deputy  Sheriff,  or  Conftable  of  the  County  wherein  he  is  a  Juftice,  caofe  to  be  fummon- 
ed  any  Perfon  to  appear  before  him,  or  fome  other  Juftice  of  the  Peace  of  the  County,  to  anfwer  the 
Complaint  of  a  Creditor,  for  any  Debt  or  Demand,  not  exceeding  Forty  Shillings  as  aforefaid;  and 
alfo  to  iffue  his  Summon  or  Summons  for  fuch  Witnefs  or  Witnefles,  as  Ihall  or  may  be  required  by 
either  Plaintiff  or  Defendant,  for  the  better  Proof  of  the  Matter  contefted  between  the  Parties;  and 
every  Perfon  fo  fummoned,  ftiall  appear  and  give  Teftimony,  at  fuch  Times  and  Places  as  by  the 
Summons  direded  and  required  ;  under  the  Penalty  of  forfeiting  Three  Pounds,  Proclamation  Money, 
to  the  Party  aggrieved, '  and  to  be  further  liable  to  his  Adion  for  Damages,  unlefs  good  Caufe  be 
Ihewn  to,  and  approved  of  by  the  Juftice  before  whom  he,  fhe,  or  they,  were  fummoned  to  appear, 
within  Ten  Days  after  the  Time  appoined  for  fuch  Appearance  :  And  after  having  heard  the  Parties, 
and  fuch  Evidences  as  fhall  be  produced  by  each  and  either  of  them,  to  give  Judgment,  and  thereup- 
on to  award  Execution  againft  the  Goods  and  Chattels,  or  the  Body  of  the  Debtor  or  Party  againft 
whom  Judgment  Ihall  be  given,  which  fhall  be  executed  and  returned  by  the  Sheriff,  Deputy  Sheriff, 
or  Conftable,  to  whom  direded,  at  the  Inftance  of  the  Plantiffor  Complainant,  in  the  fame  Manner 
as  other  Writs  o{  Fieri  Facias,  ot  Capias  ad  Satisfaciendum,  are  to  be  executed  and  returned,  exceot 
is  by  this  Ad  is  hereafter  direded  for  the  Sale  of  Goods  fo  taken  :  And  all  Debts  and  Demands  above 
Forty  Shillings,  and  under  Five  Pounds,  Proclamation  Money,  are  in  like  Manner  hereby  declared  to 
be  cognizable  and  determinable  before  any  Two  Juftices  of  the  Peace;  who  are  hereby  authorized  and 
impowered,  by  Warrant  from  under  the  Hand  and  Seal  of  any  one  Juftice  of^he  Peace,  made  return- 
able before  himfelf,  and  one  other  Juftice  of  the  Peace,  or  any  Two  Juftices  of  the  Peace  for  the 
County  wherein  he  is  a  Juftice  ;  and  the  fame  being  accordingly  returned  to  any  Two  Juftices  as  afore- 
faid, for  them  to  hear  the  Parties,  and  fuch  Evidences  as  Ihall  be  produced  by  each  and  every  of  them, 
for  any  Debt  or  Demand  above  Forty  Shillings,  and  under  Five  Pounds  as  aforefaid,  and  to  give 
Judgment,  and  thereupon,  under  their  Hands  and  Seals,  to  award  Execution  againft  the  Goods  and 
Chattels,  or  the  Body  of  the  Party,  until  Satisfadion  thereof  be  had,  with  all  Cofts,  in  like  Manner 
as  in  and  by  this  Ad  is  direded  and  prefcribed  for  the  Recovery  and  Satisfadion  of  the  Debt  and  Cofts 
of  all  Sums  of  Forty  Shillings  Value,  and  under,  before  a  fuigle  Magiftrate;  and  all  Summonfes  for 
Witneffes  to  attend  before  any  Two  Magiftrates,  on  the  Trial  of  any  Debt  or  Demand  above  Forty 
Shillings,  and  under  Five  Founds,  ftiall  and  may  be  figned  by  one  Juftice:  And  each  and  every  Per- 
fon fummoned  to  appear,  and  give  Teftimony  before  any  Two  Juftices,  and  failing  fo  to  do,  fl>all  be 
l^jbjed  to  the  fame  Penalty,  and  liable  to  the  like  Adion,  as  by  this  Ad  inflided  and  direded  in  Cafe 
of  Failure  before  a  fingle  Magiftrate. 

•^itnefles  may  III.  PRO  FID  ED  altuays.  That  the  Party  fo  failing  to  appear  and  give  Teftimony,  ftiall  be  in- 
fliew  Caofe  for  titled  to  the  like  Privilege  of  ihewing  the  Caufe  to  the  faid  [uftices,  and  from  exempting  himfelf  from' 
non-AttenJance.     .inirA  J^o 

the  Penalty  for  non-Appearance. 


Stay  of  Execotion 
may  be  granted^ 


IV.  PRO  VIDED  always.  That  if  Judgment  Ihall  be  given  by  any  one  or  more  Juftices  for  any 
Sum  above  Forty  Shillings,  Proclamation  Money,  the  Party  or  Parties  againft  whom  fuch  Judgment 
Ihall  be  given,  may  defire  a  Stay  of  Execution  for  any  Term  of  Time,  not  exceeding  Two  Months  j 
which  faid  Juftice  or  [uftices  is,  and  are  hereby  authorized,  impowered,  and  required,  to  grant  the 
Party  praying  fuch  Stay  of  Execution,  firft  giving  fufficient  Security  for  paying  the  fame;  which  Se- 
curity, in  like  Manner  as  the  Principal,  Ihall  be  liable  to  the  Execution  of  the  Party,  if  not  dif- 
charged  at  the  Expiration  of  the  faid  Term. 

Manner  of  felling  V.  A  N  D  he  it  further  EnaBed,  hy  the  Authority  aforefaid.  That  all  Goods  and  Chattels  taken  ii> 
Ooods  taken  on  Execution  by  any  Sheriff  or  Conftable,  in  Virtue  of  this  Ad,  ftiall  be  kept  in  fafe  Cuftody  Ten  Days : 
Execution.  ^p  J  jf  jj^g  Owner  or  Owners  of  fuch  Goods  Ihall  not,  within  the  faid  Time,  fatisfy  the  faid  Debt  and 

Cofts,  the  Sheriff,  Deputy  Sheriff,  or  Conftable,  fliall,  on  the  Day  following  (if  not  Sunday,  and  if 
fo,  then  on  the  Day  fucceeding)  between  the  Hours  oi  One  and  Five  in  the  Afternoon  of  the  faid 
Day,  he  having  firft  adverrifed  fuch  Sale  Ten  Days  at  leaft,  at  the  Court-Houfe,  Church,  Mill,  or 
other  Public  Place,  adjacent  to  whete  the  Goods' were  taken,  fell  the  faid  Goods  and  Chattels  at  Ven-' 
due;  and  after  fatisfying  the  Judgment  and  Cofts  as  aforefaid,  fhall  return  the  Overplus,  if  any  there 
fhould  be,  to  the  Owner. 

ConflaWeaFe*.  VL     AND  he  it  further  Enafied,  by  the  Authority  aforefaid.  That  every  Sheriff,  Deputy  Sheriff,  or 

Conftable,  for  every  Warrant  executed,  fliall  be  allowed  Two  Shillings  and  Eight  Pence;    and  for 

every 


LAWS    of    Nokth-Carolina. 


495 


every  Subpoena,  One  Shilling;  and  for  iM^xy  Execution  executed,  Two  Shillings  and  Eioht  Pence; 
and  fo  at  the  fame  Rate  for  t\txy  Perfon  where  there  ihall  be  more  than  one  "mentioned  in  each  War- 
rant, Subpoena,  or  Execution. 


A.  D.    1770. 


ed  by  JuOices. 


Right  of  Appeal. 


On  Apptals,  Juf- 
tices  that  tried 
the  Caufe,  noc 
to  fit. 

Judyments  enter- 
ed on  Bonds,  /fee, 
*ir  lefs  than  5  I.- 
no  more  Fees  to 
be  taxed  than  oa 
Appeals  from 
MagiftrateS4 


VII.     AND  be  it  further  EnaHed,  by  the  Authority  afore/aid.  That  all  Debts  and  Demands  arifing    AH  Demands  un- 
by  Bond,  Bill,  Note,  Account,  Ccntraft,  Affumpfit,  or  otherwile,  under  Five  Pounds,  Proclamation    <i<^r  s'   fbetri- 
Money,  (hall  only  be  complained,  profecuted  for,  and  tried,  in  Manner  and  Form  as  by  this  Ad  di- 
tefted,  and  not  otherwife  ;    And  if  any  Perfon  fhall,  contrary  to  the  true  Intent  and  Meaning  of  this 
Aft,  commence  or  bring  any  Aftion  or  Suit  in  any  Court  within  this  Province  for  l^ive  Pounds,  or 
upwards,  on  Purpofe  to  evade  this  Aft,  and  thereupon  fiiall  have  a  Verdict  for  a  lefs  Sum  than  Five 
Pounds,  he  ihall  pay  the  Colls  of  that  Suit ;  except  in  Actions  of  Trefpafs  or  Tort,  or  Aftion  of  De- 
famation,   or  where  an  Account  is  unfettled,  and  the  Defendant  Ihall  rcfufe  or  negled,  upon  Notice 
given  by  the  Plaintiff,  to  meet  and  fettle  the  fame;    Proof  of  which  Notice,  either  written  or  verbal, 
may  be  made  by  the  Oath  of  the  Plaintiff,  or  otherwife  :    And  if  either  of  the  Parties  Ihall  be  diffatif- 
fiad  with  the  Judgment  of  the  faid  JulHce  or  JulHces,  the  Party  or  Parties  fo  diffatisfied,  may  appeal 
to  the  next  Inferior  Court  of  Pleas  and  Quarter  Seffions  that  fliall   be  held  in  the  County  where  fuch 
Judgment  fliall   be  given,  he,  jlie,  or  they,  firft  entering  into  fufficient  Security,  for  the  p'rofecutino- 
fuch  Appeal  with  Effeft ;    which  Appeal  Ihall  be  heard,  tried,  and  determined,  the  fame  Court,  by 
the  jullices  of  the  faid  Court,  in  a  fummary  Manner,  without  a  Jury,  upon  fuch  Evidence  as  ihall  be 
given  them,  and  fliall  give  Judgment  according  to  the  very  Right  of  the  Caufe,  and  Matter  in  Law, 
fliall  appear  to  them,  without  Regard  to  Form  in  the  Proceis,  or  Courfe  of  proceeding  ;  and  the  Court 
ihall  not  delay  in  Determination  in  any  fuch  Suit  until  another  Court,  unlefs  good  Caufe  be  made 
appear,  upon  Oath,  for  fuch  Delay,  and  Judgment  fhall  be  thereupon  given,  and  the  Party  call  ihall 
pay  the  Coll  of  all  Proceedings  thereon,  which  is  hereby  declared,  exclufive  of  the  Colls  before  the 
Juftice  or  Jullices,  to  be  Seven  Shillings  and  Sixpence,  to  the  Clerk,  for  the  whole  Fees  on  luch  Ap- 
peal, and  no  more. 

VIII.  PROVIDED  airways;  That  the  Juftice  or  Jufticcs  before  whom  fuch  Suit  was  firft  heard 
and  determined,  fliall  not  fit  in  Court,  or  give  Judgment  on  the  Trial  of  fuch  Appeal. 

IX.  AND  whereas  it  hath  often  happened  that  when  Bonds,  with  a  Power  of  Attorney  annexed 
empowering  any  Attorney  to  confefs  Judgment  for  the  Sum  mentioned  in  the  Bond  or  Bill,  in  any 
Court  of  Record,  notwithllanding  the  fame  were  for  very  fmall  and  inconfiderable  Sums,  that  Jud?- 
ment  haih  been  entered  in  the  Inferior  Court  of  Pleas  and  Quarter  Seilions,  on -fuch  Bonds  or  Bills 
and  Colls  taxed  on  the  fame,  as  if  it  had  been  on  a  Writ;  whereby  the  Colls  of  Suit  hath  greatly  ex- 
ceeded the  Sum  due  by  fuch  Bond  or  Bill :"  For  the  Prevention  whereof  for  the  future.  Be  it  Enaded 
hy  the  Authority  afore/aitl.  That  when  any  Judgment  fhall  be  entered  on  ^ny  Bond  or  Bill,  in  any 
Inferior  Court  of  Pleas  and  Quarter  Seffions  in  this  Province,  by  Virtue  of  a  Power  of  Attorney  an- 
nexed, to  confefs  Judgment  for  the  Sum  mentioned  in  fuch  Bond  or  Bill,  the  Penalty  whereof  being 
under  Five  Pounds,  that  no  more  Fees  fliall  be  allowed  or  taxed  in  the  Bill  oi  Colls  than  fuch  as  are 
direded  to  be  taxed  on  an  Appeal  from  a  Judgment  of  one  or  more  Jullices  of  the  Peace;  any  Law, 
Ufage,  or  Cullom,  to  the  contrar)',  notwithllanding, 

X.  AND  he  it  further  EnaBed,  hy  the  Authority  afore/aid.  That  it  fhall  and  may  be  lawful  for 
any  Creditor,  where  his  Debt  or  Demand  is  under  Five  Pounds  Proclamation,  to  ^o  before  any  Juf- 
tice of  the  Peace  of  the  County,  and  make  Oath  how  much  is  jullly  due  to  him,  and  that  he  has  kea- 
fon  to  fufpedt  that  his  Debtor  hath,  or  intends  to  remove  himfelf  and  Effeds  privately  out  of  the 
County,  or  fo  abfconds  that  the  ordinary  Procefs  of  Law  cannot  be  ferved  upon  him  ;  and  thereupon 
fuch  JulHce,  firll  having  taken  Bond  and  Security,  as  in  other  Cafes  of  Attachments,  Ihall  iffue  an 
Attachment  againll  the  Ellate  of  fuch  Debtor,  returnable  before  any  Jullice,  or  Two  Jultices  of  the 
Peace,  as  the  Cafe  may  be,  direded  to  the  Sheriff,  Deputy  Sheriff,  or  Conllable  of  the  County;  and 
by  Virtue  thereof  it  ihall  be  lawful  for  fuch  Sheriff,  Deputy  Sheriff,  or  Conilable,  to  purfue  and  at- 
tach fuch  Effecis,  and  make  due  Return  of  fuch  Attachment;  and  the  Proceedings  thereon  by  the  faid 
Juftice  or  Jullices  (due  Regard  being  had  to  the  different  Jurifdidion  by  this  Ac^  given  to  Two  Juf- 
tices  jointly,  or  one  feparately)  fliall  be  in  a  fummary  Way,  in  the  fame  Manner  as  on  a  Warrant; 
any  Law,  Ufage,  or  Cullom,  to  the  contrary,  notwithllanding. 

XI.  AND  he  it  further  Enabled,   by  the  Authority  aforefaid.    That  (o  much  of  the  feveral  Ads  of    J^«peal-ngCJaufe. 
Affembly  of  this  Province,    made  for  eftablilhing,    amending,    and  continuing  the  feveral  Inferior 

Courts  of  Pleas  and  Quarter  Seilions,  as  relate  to  Petitions  Snd  Summons,  and  the  Jurifdidion  of  a 
fingle  Magiftrate,  to  take  Cognizance  of  the  Sum  of  Forty  Shillings  5  and  all  and  every  Ad  and  Ads, 
and  every  Claufe  and  Article  thereof,  heretofore  made,  fo  far  as  relates  to  any  Matter  within  the  Pur-' 
view  and  Meaning  of  this  Ad,  is  hereby  repealed,  and  made  null  and  void. 

XII.  /'^Or/Z)i'Z)  w^'ffr/^f/fy},  That  nothing  herein  contained  fliall  be  conflrued,  deemed,  or 
taken,  to  extend  the  Trial  of  fuch  Petition  and  Summons,  as  heretofore  have  be«n,  or  may,  between 
the  paffing  of  this  Ad  and  the  Firft  Day  oi  March  next,  be  iffued ;  but  that  the  fame  may  be  proceed- 
td  on,  or  heard  and  determined,  in  the  fame  Manner  as  if  this  Ad  had  never  been  made. 

XIII.  AND  be  it  further  Enaaed,  by  the  Authority  aforefaid.  That  this  Ad,  and  every  Claufe 
and  Article  thereof,  fliall  be  and  continue  in  Force  for  and  during  the  Term  of  Two  Years,  and  no 
longer. 


Attachment  how 
granted. 


Pftitions  aJrrady 
jflued,  to  1)6  tried 
in  the  farr.e  Man- 
ner as  before  this 
Aft. 


Continuance 
the  Afl. 


of 


CHAP.    XLIV. 

An  A5t  to  encourage  andfupport  the  EJlabliJhment  of  a  Poft  Office  in  thk  Provime, 


Repeal'd  by  Proc, 


496 


LAWS    of    North-Carolina. 


-&*^^S£ha^^^^^K«&^^'««K-^«^^^.<Ss^^^  «^^^^-Si*^^^-^«3^^^,i^«^<g*^ 


^    4*4'    '^'^    "^"^    "^"^    '^'^    '^'^    ^    •'^'*^    ^"^    •^•^    •'^'"^S'    •$•4*    4"^ 

^•^^  "^H^*  •I**!*  •§••$•  ^4*  ■?  ^4*  •$*4*  4*'^  -^^i*  ^-^  ^-l* 


-*.   Z).  1771. 


ANNOREGNI 

G    E    O    R    G    I   I      III. 

REGIS, 

MAGNiE    BRITANNIiS,    FRANCIiE,   &   H  I  B  E  R  N  I  ^, 
DUODECIMO. 

JOSIAH   At  an  ASSEMBLY,    began  and  held  at  l^ewbern,   the  Nineteenth 

MARTIN, 

Day  of  November^  in  the  Twelfth  Year  of  the  Reign  of  our  Sovereign 
Lord  GEORGEiht  Third,  by  the  Grace  of  God,  oi  Great-Britain^ 
France,  and  Ireland,  King,  Defender  of  the  Faith,  &c.  and  in  the  Year 
of  our  Lord  O^p  Thoufand  Seven  Hundred  and  Seventy-one  :  Being 
the  Second  Seffion  of  this  Affenibly.   . 


Efq;    Gover- 
nor. 


Preamble. 


Tax  hid. 


To    be   eolltftcd 
by  the  Sheriffs. 


Time  of  Conti 
nuance,  and  ap- 
ptoprialcd. 


Provifo,  if  De- 
brnTures  paid  in 
fi  flioner  Time. 


C  H  A  P.    I. 

Jn  A£l  for  impo/mg  a  fax  of  fwo  Shillings  Proclamation  Money,  per  PoU,  on  all 
taxable  Pefons  within  this  Province,  and  for  granting  the  Money  arifing  from  fuch 
Tax  to  his  Majefly,  his  Heirs  and  Succeffors,  to  be  applied  as  herein  after  dire  tied, 

I.  TT  7  HE  RE  AS  there  is  an  abfolute  Neceffity  that  Provifion  be  immediately  made  for  paying 
W    the  Expence,   computed  at  Sixty  Thoafsnd  Pounds*  incurred  in  the  late  ncceffary  Expe- 
dition againll  the  Infurgents ; 

II.  We  pray  that  it  may  be  Enafted,  And  he  it  t.mlted,  hy  the  Governor,  CounciU  and  AJemlly 
and  hy  the  Autority  of  the  fame.  That  an  annual  Tax  of  Two  Shillings,  Proclamation  Money,  per 
Head,  be,  and  is  hereby  impofed,  to  be  levied  on  all  the  Taxable  Perfons  within  this  Province. 

Ill  A  l^  D  he  it  further  Enaaed,  hy  the  Authority  aforefaid.  That  the  Poll  Tax,  hereby  impofed 
on  all  taxable  Perfons,  fliall  be  coUetted,  accounted  for,  and  paid,  by  the  Sheriffs  of  the  feveral 
Counties  within  this  Colohy,  who  arehfereby  veiled  with  all  the  Powers  and  Authorities,  and  declar- 
ed to  be  fubjed  to  the  fame  Rules,  Regulations,  Pains,  and  Penalties,  and  intitled  to  the  fame  Emo- 
•luments,  as  are  direfted  and  provided  by  an  Aft  intituled,  An  Ail  for  appointing  Sheriffs,  and  direding 
their  Duty  in  Office, 

IV,  AND  he  it  further  Enaaed,  hy  the  Authority  aforefaid.  That  the  faid  Tax  of  Two  Shilllngi 
per  Poll,  hereby  impofed,  Ihall  be  annually  levied  and  collefted  for  Ten  Years  next  after  the  palling 
of  this  Aft,  and  no  longer,  and  applied  annually  towards  calling  in  and  redeeming  the  Debenture 
Bills  by  this  Aft  direfted  to  be  iffued  ;  wnich  Debenture  Bills,  when  fo  redeemed,  are  hereby  direft- 
ed  to  be  burnt  and  deftroyed. 

V.  PROVIDED  neverthelefi.  That  if  the  Sum  hereby  iffued  in  pebenture  Bills,  Ihall  be  col- 
kfted  on  the  faid  Tax  of  Two  Shillings  ter  Poll  in  a  Ihorter  Time  than  Ten  Years,  then  the  faid 
Tax  Ihall  ceafe. 

VI.  AND 


LAWS    of    North-Carolina. 


497 


VI.     AND  Be  it  further  EnaSlid,  by  the   Authority   aforefaid.    That   the   Honorable  y«;C-?»  Ruther-  A.  D.     177J. 

ford,  Lewis  Henry  De  Rejitt,  Efquirs,  and  Richard  Cci/ti-eil  and  John  Har'vey,  Efquires,   be,  and  art  v.,  -^i^.  ,.W 

'  hereby  aooointed  Commiffioners :  and  are  veiled  with    full  Power  and  Authority,  as  foon  as  conveni-  Commifiio«ers 

'     *^'^  .  .-  .      _    .  ..  j-^,^  cmiuing   the 


«ntly  may'  be  after  pafling  of  this  Aft,  to  ftamp  and  fign  Debenture  Bills  chargeable  on  the  Public  ^^^^ 
Treafury  of  this  Province,  to  the  Amount  of  Sixty  Thoufand  Pounds  Proclamation  Money  in  the  fol-  ''"'^" 
lowing  Form,  viz.     The  Province  of  North  Carolina  is  indebted  to  the  Pcfjefor  hereof  Pro- 

clamation Money,  to  be  paid  out  of  the  Public  Treafury,  according  to  Ail  of  Affembly,  pajfed  December,  One 
Thoujand  Se'ven  Hundred  and  Sewnty  One  ;  and  of  the  following  Denominations,  vix.  Two  Thou- 
fand Five  Pounds  Bills,  ThreeThoufand  Three  Pounds  Bills,  Five  I'houiand  Two  Pounds  Bills,  Four 
Thoufand  Thirty  Shllings  Bills,  Ten  Thoufand  Twenty  Shillings  Bills,  Ten  Thoufand  Ten  Shil- 
lings Bills,  Twenty  Thoufand  Five  Shillings  Bills,  Thirty  Two  Thoufand  Two  Shillings  and  Six- 
pence Bills,  Twenty  Thoufand  One  Shilling  Bills :  And  the  fame  having  Rruck  and  figned,  in  equal 
Portions,  to  pay  to  the  refpedtive  Public  Treafurers.  And  the  faid  CommifTionefs  fhall  be  allowed 
Fifteen  Hundred  Pounds,  Proclamation. Money,  for  their  Trouble  and  Expence  in  this  Service. 


Tenor  and  Deno- 
mination of  the 

Bills. 


VII.  AND  be  it  further  EnaSlid,  by  the  Authority  aforefaid.  That  the  Debenture  Bills,  herein 
Jjefore  direfted  to  be  llruck,  and  paid  into  the  Hands  of  the  Public  Treafurers,  fhall  by  them  be  deli- 
vered to  the  Public  Creditors  of  this  Province,  in  Proportion  to  the  Sums  refpeftively  due  to  them, 
for  which  they  fhall  be  allowed  Three  per  Cent. 

VUI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  Hononrable  John 
Rutherford,  Lewis  Henry  De  RoJJ'ett,  Efquires,  and  Richard  Cafivell  and  John  Harvey,  Efquires,  are 
hereby  directed  and  requred,  prcvioufly  to  their  entering  on  the  Trull  by  this  Act  repofed  in  them, 
to  give  Bond  with  good  and  fufficient  Security,  in  the  Sum  of  Ten  Thoufand  Pounds,  Proclamation 
Money,  each,  payable  to  the  Governor,  or  Commander  in  Chief  for  the  Time  being,  to  the  Ufe  of 
this  Province ;  with  Condition  that  he  Ihall  duly  and  faithfully  execute  and  difcharge  the  faid  Trull 
repofed  in  him,  according  to  the  true  Intent  and  Meaning  of  this  Aft,  and  fliall  alfo  make  Oath  be- 
fore fome  Magiftrate  to  the  fame  Purpofe  ;  which  Bond  fhall  be  lodged  in  the  Secretary's  Office  :  And 
in  Cafe  of  a  Breach  of  the  Condition  thereof,  may  be  put  in  Suit,  and  recovered,  to  t^ie  Ufe  of  this 
Province.  And  if  any  of  the  Commiflioners  herein  before  appointed  Ihall  die,  remove  out  of  this 
Province,  or  refufe  to  Aft,  the  Governor,  or  Commander  in  Chief  for  the  Time  being,  Ihall  appoint 
others,  or  another,  in  the  Room  of  him  or  them  fo  dying,  refuiing,  or  removing  himfelf;  which 
Commiflioner  or  Commiflioners  fo  appointed,  fhall  enter  into  Bond,  and  make  Oath,  in  the  fame 
Manner  as  the  Commiflioners  herein  appointed  are  directed. 

IX.  And  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  ifanyPerfon  fhall  Counterfeit, 
alter,  or  deface,  any  of  the  DebL-nture  Bills  llruck  by  Virtue  of  this  Aft,  he  fliall,  on  Conviction 
thereof,  be  adjudged  a  Felon,  and  fhall  fufFer  Death  without  Benefit  of  Clergy. 

X.  A  N  D  for  the  bettei-  fecuing  the  Debenture  Bills  to  be  emitted  by  this  Act  froin  being  coun- 
terfeited. Be  it  Er.aHed,  by  the  Authority  aforefaid.  That  the  Public  Treafurers  fhall  not  redeem  or  re- 
ceive, from  any  Perfon  whatfoever,  any  of  the  faid  Bills  which  fhall  appear  to  have  any  Paper,  or 
other  Thing  whatfoever,  palled,  glued  or  fealed  on  the  Back  thereof;  and  fuch  Bills  fo  palled,  glued, 
or  fealed,  fhall  not  be  chargeable  on  the  Public  Treafur)  of  this  Province. 


To  be  paid  to  the 
fublic  CreJitors, 


Commiflioners  to 
give  Bonil,  aud 
be  on  Oath. 


Commiflioners 
kept  up. 


Felony  to  coun- 
terfeit Dcben- 
tuies. 


Parting  on  the 
Bick  of  Deben- 
tares  pievtnted; 


CHAP.     II. 


An  Act  to  alter  the  Method  of  working  upon  the  Roads  in  the  Counties  therein  mentioned. 

I.  "IT  THERE  AS  the  Power  given  by  Law  to  Overfecrs  of  Roads  is  found  inconvenient  in  the    preambis, 
VV     Counties  of  .5<Wi?«,  Mecklenburg,  ^nA  Guilford  :  For  Remedy  whereof. 


fevrral  Counties, 
altered, 


II.  B  E  it  EnaQed,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  of  the  fame,  That  Method  of  work- 
the  Inferior  Court  of  the  faid  refpective  Counties  fhall,  at  the  firfl  or  fecond  Court  held  after  the  paf-  ing  <'n  Roads  in 
ling  of  this  Act,  divide  their  refpective  Counties  into  as  many  Diilricts  as  they  may  judge  neccflary 
and  mofl  convenient  for  the  Inhabitats  to  work  on  the  Road?,  and  at  the  fame  Time  the  faid  Court 
fhall  nominate  and  appoint  proper  Perfons  to  be  CommifTioners  of  the  Roads  in  each  of  the  faid  Dif- 
tricts  ;  which  faid  Commiflioners,  or  the  Majority  of  them,  in  their  refpective  Diilricts,  are  hereby 
vefled  with  all  Powers  refpecting  Roads,  Bridges,  and  clearing  cf  Rivers  and  Creeks,  and  fhall  be 
fubject  to  the  fame  Pains  and  Penalties,  for  Neglect  of  Duty,  as  the  CommifTioners  of  the  Roads  were 
veiled  with  or  were  liable  to,  by  an  Act  of  AfTembly  of  this  Province,  when  in  Force,  intituled.  An 
Ad  for  Inipovoering  the  feveral  Commijfioners  herein  after  named  to  make,  mend,  and  repair,  all  Roads, 
Bridges,  Cuts,  and  IVater  Coiirfes,  already  laid  out  in  the  feveral  Counties  and  Dijlridr  herein  after  ap- 
pointed, in  fuch  Manner  as  they  judge  moft  ufefulfor  the  Public. 


III.  PRO  FID  ED  neverihelefs.  That  no  Perfon  fhall  be  liable  to  work  on  any  Road,  River,  or 
Creek,  more  than  Twelve  Days  in  One  Year.  And  in  Cafe  the  Commiilioners  of  any  of  the  faid 
Diilricts,  fliall  be  fued  or  inJicted  on"  Account  of  any  Road,  River,  or  Creek,  fuch  Commiflioners 
making  Proof  of  having  worked  all  the  Perfons  in  their  Diflrict  liable  thereto  Twelve  Days  in  each 
Year,  fhall  be  exempt  from  any  Recovery,  Fine,  Penalty,  or  Colls,  whatfoever. 


To  wnrk  but  la 
Dayi  in  a  Year, 


Yyy 


V.  AND 


498 


L   A   IV  S      of      NORT  H-C  A  R  OL  I  NA. 


A.  D.  1771.  IV.  A  N  D  he  it  further  EnaSed,  by  the  Authority  afore/aid.  That  in  Cafe  any  Commiffioner  or 
eommilfioners  to  be  named  by  Virtue  of  this  Act,  ihall  refufe  cr  neglect  to  take  upon  him  or  them 
fuch  Office,  or,  having  accepted,  ftiall  die,  or  remove  out  of  his  Diltrict,  tlie  remaining  or  furviving 
Commiffioner  or  Coinmiffioners  of  fuch  Diftrict  fhall,  and  are  hereby  required,  impowered,  and  di- 
rected, to  appoint  another,  or  others,  in  his  or  their  Room  ;  who  Ihall  have  the  fame  Powers,  and 
ihall  be  liable  to  the  fame  Pains  and  Penalties,  as  the  Commiffioners  have  and  are  liable  to,  who  are 
to  be  appointed  under  this  Act. 

Repealing  Cl3«fe.  ^  y.  A N D  be  it  further  EnaSed,  hy  the  Authority  afore/aid.  That  fo  much  of  a  former  Aft,  pafled 
in  the  Fifth  Year  of  the  Reign  of  his  prefent  Majelty,  as  relates  to  the  Power  or  Appointment  of 
Overfeers  of  the  Roads,  fhall  from  henceforth  be  repealed,  with  refpcft  to  the  faid  Counties  of  J?/«- 
den,  Mecklenburg  and  Guilford, 


Preambles 


felebe  to  be  f  Jd. 


CHAP.     III. 

An  A£l  to  impower  the  Churcbivardens  and  Veftrymen  of  the  Parijh  of  St.  Gabriel'j  in 
the  County  <j/'t)uplin,  to  fell  the  Glebe  in  the  faid  Parifh  and  County 


'W 


H  E  R  E  A  S  the  Situation  of  the  Glebe  in  the  Parifh  and  County  aforefaid  is  found  to  be 
inconvenient,  and  the  fame  much  out  of  Repair. 


II.  B  E  it  therefore  Enabled  hy  the  Governor,  Council,  and  Affemhly,  and  hy  the  Authority  of  the  fame. 
That  it  iliall  and  may  be  lawful  for  the  Churchwardens  and  Veftrymen  of  the  faid  Parifh,  or  the 
Majority  of  them,  or  their  Succeffors,  to  fell  and  difpofe  of  the  faid  Glebe,  and  the  Money  arifmg 
from  fuch  Sale  to  be  apropriated  towards  purchafing  a  Glebe,  fituate  in  a  more  convenient  Part  of  the 
faid  Parifli ;  which  Glebe  fo  purchafed,  Ihall  be  vefted  in  the  faid  Churchwardens  and  Veftrymen, 
and  their  Sucpeffors,  in  the  fame  Manner,  and  to  the  fame  Ufes  and  Purpofes,  as  other  Glebes  are  by 
the  Laws  of  this  Province  inverted  in  the  Churchwardens  and  Veftrymen  of  their  refpeftive  Pari/hes. 


CHAP.     IV. 

An  Aui  to  enable  the  Freeholders  of  the  Parifh  of  Si.  John,  intheCouhty  Pafquotank; 
to  ele£t  a  Veflry,  and  provide  for  their  Poor. 

Preamble,  !•  ITZHEREAS  the  Poor  of  the  Parifti  of  Sr.  ^''^w,  in  iht  Connty  oi  Pafquotank,  labour  under 

V  V    great  Diftrefs,  by  Reafon  that  Perfons  heretofore  eledled  to  coriftitute  a  Veftry  have  negkft- 
ed  to  qalify  and  aft  agreeable  to  Law  : 

Vcftrvtobe  II.     BE  it  therefore  Ena^ed  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  of  the  fame  4 

eltfled,  T}jat  the  Sheriff  of  the  County  o{  Pafqmtank  fhall  give  Notice,  according  to  Law,  to  the  Freeholders 

of  the  faid  Parifh,  to  meet  at  the  Court-Houfe  on  the  Firft  Monday  in  March  next,  then  and  there  to 
choofe  and  eleft  Twelve  Veftrymen,  who  fhall  be  of  the  ef^blifhed  Church,  according  to  the  Rules, 
Limitations,  and  Reftriftions,  of  an  Aft,  intituled.  An  Ad  to  amend  and  continue  an  Aii,  intituled.  An 
A£i  concerning  Vejlries.  And  when  the  Perfon  fo  chofen  fhall  have  qualified  agreeable  to  Law^  they 
fhall  be  deemed,  taken,  and  efteemed  a  lawful  Veftry  ;  and  are  hereby  inverted  with  all  the  Power  and 
Authority  that  other  Veftries  within  this  Province  are  pofTeffed  of,-  agreeable  to  Law,  until  a  re- 
Election  at  the  Time  direfted  by  an  Aft,  intituled.  An  Ad  to  amend  and  continue  an  Ad  concerning 
Vejiries. 

Tax  bid.  IIL     AND  that  the  Veftry  may  be  enabled,  as  foon  as  maybe,  to  provide  for  the  Poor  of  the 

Parifli ;  Be  it  further  Enaded,  by  the  Authority  aforefaid.  That  a  Tax  of  Sixpence  fhall  be  levied  on 
every  taxable  Perfon  within  the  faid  Parifh  of  St.  John,  for  the  Year  One  Thoufand  Seven  Hundred 
and  Seventy  One,  and  collefted  by  the  Sheriff  of  the  County  with  the  Public  Taxes  for  that  Year  ;■ 
which  Tax  fliall  be  paid  by  him  to  the  Vertrymen  and  Churchwardens,  under  the  fame  Rules  and 
Regulations,  as  if  the  faid  Tax  had  been  laid  by  a  Veftry,  and  fhall  be  applied  to  the  Uie  of  the 
Poor,  at  the  Difcretion  of  the  Veftry. 

Pen.  on  the  She-  IV.  A'ND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  the  County  Court  oi  Pafquo- 
riff  for  Negleft  tank  ftiall  inquire  into  the  Execution  of  thi-;  Aft,  and  if  the  Sheriff  fhall  have  refufed  or  neglefted  to 
oi  Duty,  jJq  ^yj|,jj  jj  i,^.^e{^,y  required  of  him  by  this  Law,  he  rtiall  forfeit  and  pay  the  Sum  of  Twelve  Pounds, 

to  tke  Ufe  of  the' Poor  of  the  faid  Parifli ;  to  be  recovered  by  Bill,  Plaint,  or  Information,  the  faid 
Co^  appointing  one  of  their  Members  Plaintiff  for  that  Purpofe  :  And  on  the  Information  of  the 
Shi^iF,  on  Oath,  fuch  of  the  Perfons  chofen  for  Veftrymen  as  fliall  have  refufed  or  fteglefted  to  aft 
agreeable  to  Law,  fliall  forfeit  and  pay  the  Sum  of  Three  Pounds  each  ;  and  the  Money  arifing  from 
the  Fines  and  Forfeitures  herein  mentioned,  fliall  be  applied  b_y  the  Court. to  the  Maintenance  of  the 
Poor,  in  the  fame  Maniner  as  the  \ti\ry  might  apply  it. 

if  no  Veftry,  V.     AND  he  it  further  Enaded,  by   the  Authority  aforefaid.    That  if  through  the  Negleft  of  the 

Tix  to  be  paid  Sherifi^  or  Perfons  elefted,  there  fliould  be  no  Veftry  or  Churchwardens,  the  Tax  of  Sixpence /^r 
the  Court.  p^jj  jjgj.g[jy  j^-^^  g^jj  ^^  Ijg  collefted  by  the  Sheriff,  ftiall  be  paid  by  him  to  the  Court  of  the  County, 

aS' 


LAWS    of    North-Carolina. 


499 


at  the  next  Court  fucceeding  the  Tenth  Day  of  yune,  in  the  Year  One  Thoufand  Seven  Hundred  and     A.  D.    177 1. 
Seventy  Two,  and  fhall  by  the  Court  be  applied  to  the  Ufe  of  the  Poor,  with  the  fame  Power  and       %_      yf   \ii 
Authority  as  the  Churchwardens  and  Vellry  might  ufe  :  And  the  fatd  Inferior  Court  are  hereby  in- 
vefted  with  the  fame  Powers  and  Authority,  to  compell  the  Sheriff  to  account  for  the  Tax  hereby  im- 
pofed,  as  the  Veftry  and  Churchwardens  might  ufe. 

VI.     AND  it  it  further  Ena8ed,  by  the  Authority  aforefaid.  That  fo  much  of  the  afore-recited     Repealing  Claufc. 
A£t,  as  comes  within  the  Purview  and  Meaning  of  this  Att,  is  hereby  declared  to  be  null  and  void. 


CHAP.     V. 

An  AB  for  appointing  an  Agenty  to  follicit  the  Affairs  of  this  Province  at  the  feveral 

Boards  in  England. 

I.  TT  THE  RE  AS  it  is  neceflary  that  fome  Perfon,  properly  qualified,  be  appointed  by  Public 


England  : 


Authority  to  follicit  and  truly  reprefent  the  Affairs  of  this  Province  at  the  feveral  Boards  in 


Preamble, 


II.  BE  if  EnaBedy  by  the  Governor,   Council,  and  AJfctnhly,  and  by  ike  Authority  of  the  fame,    That     Agfnt  appointed. 
Henry  Eu/lace  M'CuUoch,  Efquire,  be,  and  is  hereby  appointed  Agent  for  this  Province,    to  follicit, 

reprefent,  and  traafaft,  all  fuch  Public  Affairs  and  Bufinefs  now  relating  to  the  faid  Province,  or  that 
Jhall  or  may  be  moved  concerning  theflime  at  any  of  the  faid  Boards  in  England,  according  as  hs  fhall, 
from  Time  to  Time,  find  Occafion,  or  be  direfted  and  inftruded  by  the  Committee  of  Correfpondence 
herein  after  appointed;  and  the  faid  Henry  Evjiace  M'Culloch  fhall  have  and  receive,  for  his  Trouble  fiii  Salary, 
and  Expences  in  folliciting  the  Affairs  and  Public  Concerns  of  this  Province,  the  Sum  of  Three  Hun- 
dred Pounds  Sterling,  paid  in  London  annually,  to  bt  paid  by  Warrant  from  his  Excellency  the  Go- 
vernor, or  Commander  in  Chief  for  the  Time  being,  out  of  the  Public  Treafury,  to  the  faid  Com- 
mittee, and  by  them  be  remitted  to  the  faid  Agent. 

III.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  the  Honourable  Z,fw?'x  ^^ar)/ Z>^     Coir.mUtee  of 
Roffett,  and  Marmaduke  Jones,  Efquires,    Richard  Cafivell,    John  Hariiey,  James  Moore,    Jofcpb  Mont-     Cu.-reipondcnte 

fort,  Robert  Hoixe,  Maurice  Moore,  and  Cornelius  Harnett,  Efquires,  or  the  Majority  of  them,  or  the  «PP*""t«il. 
Alajority  of  the  Survivors  of  them,  be,  and  they  are  hereby  nominated  and  appointed  a  Committee,  to 
correfpond  with,  and  from  Time  to  Time,  during  the  Continuance  of  this  Aft,  to  advife,  direft,  and 
inftruft,  the  faid  Henry  Euftace  M'Culloch,  in  all  fuch  Matters  relating  to  this  Province,  as  may  be 
moved  or  follicited,  or  that  they  may  think  proper  at  any  Time  to  move  or  follicit,  before  any  of  the 
Boards  in  England:  And  the  faid  Committee  fhall,  from  Time  to  Time,  when  thereto  required,  lay 
before  the  General  AfTembly  of  this  Province  the  Advices  they  fhall  receive  from  the  faid  Agent ;  and 
alfo  Copies  of  fuch  Difpatches,  Orders,  and  Direftions,  as  they  fhall  fend  to  him, 

IV.  AND  be  it  further  EncHed,  by  the  Authority  aforefaid.  That  this  Aft  fhall  continue  and  be  in     Continuaucc  •! 
Force  for  and  during  the  Term  of  Two  Years,  from  and  after  the  Second  Day  oi  December,   in  the    the  Aft. 
Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Seventy  One,  and  no  longer. 


CHAP.    VI. 

An  ASl  to  amend  an  ASl,  intituled^  An  A5i  What  Fences  are  fufficient  -,  and  to  amend 
and  continue  an  A£f-  relating  to  taking  up  fir  ay  Horfes. 

1.  "IT  7  HER  E  AS  Difputes  daily  arife  between  many  of  the  Inhabitants  of  this  Province,  byRea-    Preamble, 
W    fon  of  the  Ambiguity  of  the  before  recited  Aft : 

II.      "BE  it  EnaHed,  by  the  Governor,   Council,  and  Affembly,  and  by  the  Authority  of  the  fame,    That     What  Fences fuf« 
every  Planter  fhall  make  a  fufficient  Fence  about  his  cleared  Ground  under  Cultivation,  where  no  na-     ficieat. 
vigable  Stream  or  deep  Water  Courfe  fhall  be,  that  may  be  deemed  fufficient,  inftead  of  a  Fence  Five 
Feet  high,  and  the  Rails  near  figether  until  the  Fence  be  Three  Feet  high  from  the  Ground. 


III.  AND  be  it  Jurther  Enafied,  by  the  Authority  aforefaid.  That  upon  Complaint  made  by  any 
Perfon  whatfoever  to  any  Magilfrate  of  the  County,  of  any  Trefpafs  or  Damages  done  by  Horfes, 
Cattle,  or  Hogs,  it  fhall  and  may  be  lawful  for  fuch  Magiftrate,  and  he  is  hereby  authorized,  im- 
powercd,  and  required,  to  fummon,  or  cauie  to  be  fummoned.  Three  Freeholders,  indifferently  cho- 
fen,  who,  together  with  himlcif,  fhall  view  and  examine,  on  Oath,  whether  the  Complainant's  Fence 
be  fufficient  or  not,  and  what  Damages  he  hath  fuftained  by  Means  of  the  Trefpafs,  and  certify  the 
fame  from  under  their  Hands  and  Seals ;  and  if  it  fhall  appear  that  the  faid  Fence  be  fufficient,  then 
the  Owner  of  fuch  Horfc-;.,  Cattle,  or  Hogs,  fhall  make  full  Satisfaftion  for  the  Trefpafs  or  Damages 
to  the  Party  injured  ;  to  be  recovered  before  any  Jurifdiftion  having  Cognizance  thereof:  But  if  it 
fliall  appear  that  the  faid  Fence  be  infufficicnt,  then  whatever  Damages  fuch  Perfon  fhall  fullain  by 
Means  of  fuch  Trefpafs,  the  Owner  of  luch  Horfes,  Cattle,  or  Hogs,  fhall  not  be  liable  to  make  Sa- 
tisfaftion for  fuch  Injury. 


Method  of  Pro- 
ceeding in  Cafe 
of  Trcfpifs  by 
Horfc!,   &e. 


IV.  AND 


500 


LAWS    of    North-Carolina. 


ji.   D.  177 1. 

i*en  for  Damage 
done  to  Hotfes, 
&c. 

Preamble, 


Pen.  fir  nfing' 
Strays  before  ap- 
praifed, 


Method  where 
Strays  are  taken 
up. 


Counties  where 
this  A£i  intoic* 
ed. 


ACls  continued. 


IV.  J  N  D  be  it  further  Enaaed,  hy  the  Autherity  afore/aid,  Th^X  if  zx\y  ?tr{on\\\\ok'P met  fhsA 
be  adjudged  infufficient,  fhall  with  Guns,  Dogs,  or  othervvife,  unreafonably  chafe,  worry,  maim,  or 
kill,  any  Horfcs,  Cattle,  or  Hogs,  or  caufe  the  fame  to  be  done,  fuch  Perfon  fo  oiFending  fhall  make 
full  Satisfaftion  for  fuch  Damages  to  the  Party  injured ;  to  be  recovered  as  aforefaid. 

V.  W  H  E  R  E  A  S  an  Aft,  pafled  at  Neiubern  the  Fifth  Day  of  December,  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Sixty  Eight,  intituled.  An  Ad  for  preventing  the  frequent  Ahufes  in 
taking  up  and  fecreting  fray  Horfes  in  the  Counties  of  Omnge,  Granville,  Bute,  Rowan,  Anfcn,  Meck- 
lenburg, Johnfton,  Dobbs,  Halifax,  Edgcomb,  I^orthampton,  Hertford,  Tyrrell,  Craven,  and  Pitt, 
will  expire  at  the  End  of  this  prefent  Seffion  of  AfTembly ;  and  whereas  the  faid  Aft  hath  been  of  great 
Utility,  and  fingular  Service,  to  many  Perfons  whofe  Horfes  have  ftrayed  from  them  in  the  Counties 
afore  mentioned,  as  well  as  in  many  of  the  neighbouring  Counties,  it  is  thought  necefTary  and  expe- 
dient that  the  fame  ftiould  be  amended  and  continued  :  Be  it  therefore  Enaiied,  by  the  Authority  afore- 
faid, That  every  Perfon  who  fhall  hereafter  take  up  any  flray  Horfe,  Mare,   Gelding,  or  Colt,  and 

fhall  refufe  or  negleft  to  lead  the  fame  to  the  Owner,  if  known,  if  not,  then  to  the  Ranger  of  the 
County  as  aforefaid,  within  the  Time,  and  according  to  the  Direftions  of  the  faid  Aft ;  or  fhall  make 
Ufe  of  any  fuch  Stray,  before  the  fame  fhall  be  appraifed  as  aforefaid  ;  he,  fhe,  or  they,  fo  offending, 
fhall,  for  every  Offence,  forfeit  and  pay,  to  any  Perfon  that  fhall  fue  for  the  fame,  the  Sum  of  Four 
Pounds  Nineteen  Shillings,  Proclamation  Money;  to  be  recovered  by  an  Aftion  of  Debt,  before  any 
Jurifdiftion  having  Cognizance  thereof,  and  be  further  liable  to  an  Aftion  of  the  Owner  or  Party 
grieved. 

VI.  A  N  D  to  the  End  that  Strays  liiay  be  as  publicly  known  as  poffible,  and  not  fecreted  from 
their  Owners  by  the  Perfon  taking  up  the  fame  :  Be  it  further  Enabled,  by  the  Authority  aforefaid,  That 
every  Perfon  taking  up  any  Stray  as  aforefaid,  fhall,  at  the  next  fucceeding  Court  of  the  County  where 
the  fame  fhall  be  taken  Up,  advertife,  or  caufe  to  be  advertifed,  the  Marks,  Brand,  Stature,  Age, 
and  Appraifement  of  the  faid  Stray,  together  with  the  Time  of  taking  up,  and  Place  of  Abode  of  the 
Perfon  taking  up  the  fame,  as  defcribed  in  the  Ranger's  Book;  which  Advertifement  fhall  be  aflixed 
iip.at  or  near  the  Court-Houfe  Door,  during  the  fitting  of  the  faid  Court,  under  the  Penalty  of  Four 
Pounds,  Proclamation  Money;  to  be  recovered  by  any  Perfon  who  (hall  fue  for  the  fame,  by  an  Aftion 
of  Debt,  before  any  Jurifdiftion  having  Cognizance  thereof,  and  be  further  liable  to  an  Aftion  of  the 
Owner  or  Party  grieved. 

VII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  this  Aft,  together  with  the  faid 
recited  Aft,  fhall  be  extended  to,  and  be  in  Force  in,  the  Counties  of  7rjo«,  Guilford,  Surry,  Bertie, 
Duplin,  Cumberland,  and  Wake,  in  as  full  and  ample  a  Manner  as  in  the  Counties  mentioned  in  the 
before  recited  Aft. 

VIII.  AN  D  be  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  this  Aft,  and  the  Aft  before  re- 
cited, as  by  this  Act  amended,  fhall  be  and  continue  in  Force  for  and  during  the  Teiln  of  Three 
Years,  and  from  thence  to  the  next  Seffion  of  Affembly,  and  no  longer. 


CHAP.    VII. 

An  ASi  to  impower  the  Treeholders  of  the  fever alTarijJoes  therein  mentiond  to  eleSl  Vejlries 
for  their  refpehive  Parijhes, 

Preamble.  J.  T  T  7"  HE  R  E  A  S  the  Veflrymen  elefted   for  Unity  Parifh,  in  Guilford  County,  and  the  Veflry- 

yV     men  elefted  for  St.  Margaret's   Parifh,  in  Wake  County,  neglefted  to  qualify  agreeable  to 
Law,  whereby  the  faid  Parifhes  are  without  Veftries  : 

Veftries  to  be  e-  II.     B  E  it  Enabled  by  the  Governor,  Count},  and  Affembly,  and  by  the  Authority  of  the  fame.  That 

lefted.  tiie  Freeholders  of  the  faid  Parithes  refpeftively  fhall,  and  they  are  hereby  reqired,  to  meet  at  the 

Court-Houfe  in  their  refpp ftive  Counties  on  Eajler  Monday  next  after  the  palling  hereof,  to  eleft  and 
choofe  Twelve  Freeholders  of  the  faid  Parifh  to  ferve  as  Veflrymen ;  which  Eleftions  (hall  be  made 
by  the  Sheriff,  under  the  like  Rules  and  Reftriftions,  Pains  and  Penalties,  as  well  with  Refpeft  to  the 
Sheriffs  as  the  Freeholders  of  the  faid  Parifhes,  as  other  Eleftions  of  Veftries  in  this  Province  are  by 
Law  appointed  to  be  made  :  And  the  Freeholders  fo  elefted  Veflrymen  for  the  faid  Parifhes  refpeftively, 
after  taking  the  Oaths  by  Law  appointed  for  their  Qualification,  fhall  be,  and  they  are  hereby  de- 
clared from  thenceforth  to  be  Veftries  of  the  faid  Parifties  refpeftively,  until  the  general  Eleftion  of 
Veflrymen  throughout  this  Province,  and  fhall  execute  and  ufe  the  fame  Powers  and  Authorities  as 
other  Veftries  of  this  Province  may,  can,  or  ought  to  exercife. 

Pen.  on  Veftry-  III.  AND  be  ii  further  Enaded,  by  the  Authority  aforefaid.  That  every  Perfon  elefted  or  chofen  as 
men  negkfting  to  a  Veftryman  in  any  of  the  faid  Pariflies,  who  fhall  negleft  or  refufe,  on  Notice  given  by  the  Sheriff, 
qualify.  to  appear  and  qualify  agreeable  to  Law,  fuch  Veflrymen,  fo  refufing  or  neglefting,  ftiall  forfeit  and 

pay  the  Sum  of  Three  Pounds ;  to  be  recovered  before  any  Juftice  of  the  Inferior  Court  of  the  County, 
in  the  Name  of  the  Sheriff,  by  any  Perfon  who  fliall  fue  for  the  fame  ;  to  be  paid  to  the  Sheriff  of  the 
County,  and  to  be  accounted  for,  and  paid  by  him,  to  the  Inferior  Court  of  the  County,  to  the  Ufe 
of  the  Poor  of  the  Parifh. 


IV.  PROriDELl 


L  A  JV  S    of    North-Carolina. 


501 


IV.  PROVIDED  ne'verthelefs.  That  no  Diffenter  from  the  Church  of  £»^/a»</ fliall  be  elefted 
a  Veftrynian  for  either  of  the  faid  Parilhes ;  any  Thing  herein  contained,  to  the  contrary,  notwith- 
llanding. 

V.  AND  whereas  by  the  Divifion  of  Orange  County,  the  Majority  of  the  Veftrymen  elefted  for 
Sl.*Maa/je^u>'s  Parilh,    in   the  County  aforefaid,    refiie  in   the  Counties  of  Chatham  and   Guilford, 


A.  D.    1771. 

Dllenters  not  to 
be  elcftcd. 

Veftry  to  be   e- 
Itflcd     for      St. 


whsreby  the  faid  Farilh  is  without  a  Veftry  ;    Be  it  further  Enaaed,  by  the  Authority  aforefaid.  That  it    Mntbew's    l-a- 

Ihall  and  may  be  lawful  for  the  Freeholders  of  the  faid  Parifh  of  St.  Matthe-w,  in  Orange  County,  and    ''^• 

they  are  hereby  required,  to  meet  at   the  Court-Houfe  in   HiUJborough,  on  Eafcr  Monday  next,  then 

and  there  to  eleft  Veilr)  men  ;  which  Veftrymen  fo  eleded,  after  due  Qualification,  ihall  be  the  Veftry 

of  the  faid  Parifh,  and  ihail  be  intitled  to  the  fame  Privileges,  inverted  with  the  fame  Powers,    and 

fubjed  to  the  fame  Pains  and  Penalties,  as  the  ether  Vellries  to  be  eletted  in  Virtue  of  this  Aft. 

VI.  AND  whereas  for  the  Want  of  a  Sheriff  in  the  County  of  5arr>',  no  Eleftion  of  Veftrymen  For  St,  Jdde'« 
was  made  in  the  Pariih  of  St.  Judcs's  en  Eafier  Monday  laftj  Be  it  therefore  EnfBed,  by  the  Authority  Farifli, 
aforefaid.  That  the  Freeholders  of  the  faid  Parifti  ih«ll,  and  are  hereby  diredcd,  to  meet  on  Eafier 
Monday  next  after  the  palfing  of  this  Ad,  at  the  ufual  Place  of  holding  Courts  for  the  faid  County, 
and  then  and  there  choofe  and  eled  Twelve  Freeholders  to  ferve  as  Velirymen  ;  which  Veftrymen, 
after  dut  Qualification,  Ihall  be,  and  are  hereby  invefted  with  as  full  Power  and  Authority,  to  ad  and 
do  in  all  1'liings,  as  any  Veftrymen  elected  or  chofen  in  Virtue  of  any  Act  of  Alfembly  of  this  Pro- 
vince. 

CHAP.     VIII. 

An  Act  for  the  further  enabling  Francis  Locke,    Andrew  Allifon,  Griffith  Ruther-   iiaditsEffia. 
ford,  and  William  Temple  Coles,  former  Sheriffs  of  Rowan  County,  to  collect  the 
Arrearages  of  Taxes. 

C  H  A  P.     IX. 

An  Act  to  amend  an  Act,  intituled.  An  Act  for  founding,  eflahlifhing,  and  endowing,  of  Th&  Art  which 
Queen'j  College,  in  the  Toxvn  of  Charlotte,  in  Mecklenburg  County.  'eLT"^''''  '** 


Preamble, 


CH  A  P.     X. 

An  A51  to  indemnify  fuch  Perfous  as  have  acted  in  Defence  of  Government,  and  for  the 
Prefervation  of  the  public  Peace  of  this  Province,  during  the  late  InfurreSiion,  from 
vexatious  Suits  and  Projecutions. 

I.  \X  Z  H  E  R  E  A  S  during  the  late'lnfurrcdion,  which  began  in  or  about  the  Mortth  of  December, 

y  V  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Seventy,  divers  Officers  of  the 
Militia,  Juftices  of  the  Peace,  Ccnftables,  and  other  Officers  and  Perfons,  well  afFeded  to  his  Majefty 
and  his  Government,  in  Order  to  preferve  our  prefent  happy  Eftabliftiment  and  the  Peace  of  this 
Colony,  and  to  fupprefs  and  put  an  End  to  the  faid  Infurredion,'  apprehended  and  put  into  Cuf- 
tody,  and  imprifoned,  or  caufc-d  to  be  apprehended,  put  into  Cuftody,  and  imprifoned,  feveral  Cri- 
minals, and  Perfons  who  they  fufpeded  had  or  might  difturb  the  Public  Peace,  or  foment  or 
promote  Riots,  Tumults,  Infurredions  or  evil  Defigns  againll  the  Government;  and  alfo  feized  and 
ufed  fevetal  Horfes,  Arms,  and  other  Things ;  and  alfo  prefted  divers  Horfes,  Carts,  and  Carriages, 
.for  the  Service  of  the  Public:  And  for  the  Purpofes  aforefaid,  entered  into  the  lioufes  and  PofTeflions 
of  fundry  Perfons,  and  did  divers  Ads  which  could  not  be  juftified  by  the  ftrid  Forms  of  Law,  and 
yet  were  neceffary,  and  fo  much  for  the  Service  of  the  Public,  jhat  they  ought  to  be  juftified  by  Ad  of 
A/Tembiy,  and  the  Perfons  by  whom  they  were  tranl'aded  ought  to  be  indemnified  : 

U.  Be  it  therefore  EnaSied,  by  the  Go'vernor,  Council,  and  Affcmhly,  arid  by  the  Authority  of  the  fame.  Indemnity  aeainft 
That  all  perfcnal  Adions  and  Stiti,  Indidments,  Informations,  and  all  Moleftations,  Profecutions,  Anions  tliat" may 
and  Proceedings  whailbever,  and  Judgments  thereupon  if  any  be,  fcr  or  by  Reafon  of  any  Matter  or  !«■  brought  for  any 
Thing  advifed,  commanded,  or  appointed  to  be  done,  during  the  Infurredion,  and  until  the  loth 
Day  ofju/y,  in  the  Year  of  our  Lord  One  Thojfand  Seven  Hundred  and  Seventy  One,  in  Order  to 
fupprefs  the  faid  Infurredion,  or  for  the  Prefervatian  of  the  public  Peace,  or  for  the  Service  or  Safety 
of  the  Government,  fhall  be  difchargcd  and  made  void;  and  that  every  Perfon  by  whom  any  fuch 
Ad,  Matter,  or  Thing,  fhall  have  been  fo  advifed,  commanded,  appointed,  or  done^  for  the  Pur- 
pofes aforefaid,  or  any  of  them,  before  the  faid  Tenth  Day  of  Ju/y,  fhall  be  freed,  acquitted,  and 
indemnified,  as  well  againrt  the  King's  Mtjefly,  hisTIeirs  and  iJuccefTors,  as  againft  all  and  every 
other  Perfcn  or  Perfons  ;  and  that  if  any  Action  or  Suit  hath  been,  or  fhall  be  commenced  or  profe- 
cuted  againrt  any  Perfbn  or  Perfons,  for  any  fuch  Act,  Mater,  or  Thing,  fb  advifed,  commanded, 
appointed,  or  done,,  for  the  Purpofes  aforefaid,  or  any  of  them,  before  the  faid  Tenth  Day  of  7^ A-, 
he,  fhe,  or  they,  ma/  plead  the  General  l/Tue,  and  give  this   Ad  and  the  Special  iVdaucr  in  Evi* 

Z  2  a  dence: 


Thing  done  dur- 
ing tlie  liifurri:C- 
tion. 


502 


LAWS      of     N  ORT  H -C  A  ROL  I  NA. 


A.  D.    1771.    dence  :  And  if  the  Plaintiff  or  Plaintiffs  fhall  become  nonfuit,  or  forbear  further  Profecution,  or  fufFer 
\_     -^      {      Difcontinuance,  or  if  a  Verdift  pafs  againft  fuch  Plaintiff  or  Plaintiffs,    the  Defendant  or  Defendants 
Jhall  recover  his,  her,  or  their  full  Colls,  for  which  he,  fhe,  or  they,  fhall  have  the  like  Remedy  as 
where  Cofts  by  Law  are  given  to  Defendants  in  other  Cafes. 

Not  to  extend  to  HI.  PR  0  FID  ED  neverthtlefs.  That  nothing  herein  contained  fhall  be  conflrued  to  extendUo, 
B  nds  &c.  de-  Q^  debar  any  Perfon  or  Perfons,  from  his,  her,  or  their  Right  of  fuing  for  and  recovering  any  Bonds, 
tamed.  Notes,  or  Book  Accounts,  detained  from  them  by  any  Perfon  or  Perfons  whatfoever. 


CHAP.     XI. 


Preamble. 


Pilots  to  take 


this  Oath. 


Jn  A5f  to  amend  an  'A£fy  intitkd.  An  A5i  for  regulating  the  Pilotage  of  Cape  Fear 
,  River,  and.  other  Purpojes. 

I,  «  T  r  HE  R  E  A  S  it  has  been  the  ufual  Praflice  of  the  Branch  Pilots,  for  the  Bar  of  Cape  Fear  Ri- 
W     *'£''  to  ^^  equally  concerned  in  the  Profits  arifing  from  the  Pilotage  of  Vefiels  oyer  the  faid 
Bar,  which  has  been  found  from  Experience  to  be  prejudicial  to  Trade  :  For  Remedy  whefeof, 

II.  £  E  it  Enaiied,  by  the  Goiiernor,  Council,  and  AJfetnbly,  and  by  the  Authority  of  the  fame.  That 
every  Pilot  having  a  Branch  for  the  Bar  of  Cape  Fear  River,  fhall  within  Three  Montns  after  the 
paffing  of  this  Aft,  take  the  following  Oath  before  any  Two  Jullices  of  the  Peace  of  the  County 
wherein  fuch  Pilot  relides,  ws;. 

I    A.  B.  do  folemnly /wear  that  1  am  not  at  this  Time,  neither  mjill  I  at  any  Time  hereafter,  during  my 
Continuance  as  a  Branch  Pilot  for  the  Bar  of  Cape  Fear   River, .  be  concerned  in  any  Kind  of  Partner- 
Ihip  luith  more  than  Three  Branch  Pilots,  fo  as  to  recei've  any  Share  or  Benefit  therefrom  to  myfelf  or  Family. 

.SO  HELP  ME  (iOD. 

And  the  faid  Two  Juftlces  fhall,  on  adminiftering  fuch  Oath,  deliver  to  fuch  Pilot  a  Certificate 
f    Ne  lea      thereof,  under  their  Hands  and   Seals;  and  every   Branch  Pilot  refufing  or  negleding  to  take  the  faid 
or    ege   .     q^^^^  and  obtain  a  Certificate  as  aforefaid,  fhall  forfeit  his  Branch  ;  any  Thing  contained  in  the  be- 
fore-recited Aft,  to  the  contrary,  notwithftanding. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Captain  o^YortJohnficn 
•fhall,  and  he  is  hereby  authorized  and  impowered,  to  order  any  One  or  more  of  the  Branch  Pilots  to 

Sea  whenever  he  has  Reafon  to  believe  any  Veffels  are  on  the  Coaft  ;  and  any  Branch  Pi  lit  or  Pilots, 
refufing  or  neglefting  to  obey  fuch  Order  (Wind  and  Weather  permitting)  fuch  Difobedience  or  Ne- 
gleft  fhall  be  certified  by  the  faid  Captain  of  Fort  Johnfion  to  the  Commiflioners  of  the  Pilotage  of 
Cutie  Fear  River ;  who  are  hereby  impowered  to  fufpend  fuch  Pilot  or  Pilots,  until  the  Pleafure  of 
the  Governor,  or  Commander  in  Chief  for  the  Time  being,  fhall  be  known. 

IV.  AND  whereas  the  keeping  of  decked  Boats  to  attend  the  Pilotage  of  the  faid  Bar  of  Cape 
Fear  River  is  found  from  Experience  to  be  neceffary  ;  Be  it  further  Enabled,  by  the  Jlutbority  aforefaid. 
That  every  Branch  Pilot  of  the  faid  Bar  fhall,  and  he  is  hereby  required,  to  keep  a  decked  Boat,  or 
be  concerned  with  fome  other  Branch  Pilot  who  fhall  have  a  decked  Boat,  under  the  Penalty  of  for- 
feiting his  Branch  ;  any  Thing  in  the  before-recited  Aft,  to  the  contrary,  notwithftanding. 

V.  AND  to  prevent  any  Kind  of  Ballaft  or  Trafli  being  thrown  into  the  Channel  of  the  faid 
River  of  Cfl/^ /far ;  Be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every  Mailer  of  a  Veffel 
cominw  into  the  faid  River  fhall,  upon  his  Arrival  at  Port  Brunfixick,  take  the  foUoing  Oath  before 
the  CoUeftor,  or  his  Deputy,  who  is  hereby  impowered  and  required  to  adminiller  the  fame,  -viz. 

I' A.  B.  do  folemnly  fwear  that  I  have  not ,  nor  nxiill  I,  direBly  or  indireSly,  caufe  or  fuffer  any  Kind  of 
Ballaft  brought  in  by  my  Veffel  to  be  thrown  into  any  Part  of  the   Channel  of  Cape  Fear  River,  but 
that  thejamejhall  be  landed,  or  thrown  entirely  above'low  Water  Mark.  SO  HELP  ME  GOD. 

And  if  any  Kind  of  Ballall  fhall  after  the  pafTing  of  this  Aft  be  thrown  out  of  any  Veffel  into  any  Part 
of  the  Channel  of  the  faid  River,  by  any  bailor,  Marmer,  or  other  Perfon  whatfoever,  the  Mailer  or 
Commander  of  fuch  Vefl'el,  upon  due  P.ioof  being  made  thereof,  fhall  forfeit  and  pay  the  Sum  of  Two 
Hundred  Pounds,  Proclamation  Money  ;  vo  be  recovered  by  any  Perfon  who  fhall  fue  for  the  fame, 
by  Adtion  of  Debt,  in  the  Superior  Court  of  the  Dillrift  of  Wilmington  ;  One  Halt  to  the  Profecutor, 
and  the  other  Half  to  the  Commiflioners  of  the  Pilotage  qf  Co/^  /Var  River,  to  be  by  them  applied 
to  the  Benefit  of  the  Navigation   of  the  faid  River. 

VI.  PROVIDED  always.  That  no  Recovery  fhall  be  had  thereon,  unlefs  Suit  be  brought 
wiihin  Twelve  Months  after  the  Time  the  faid  Oftence  fhall  have  been  committed. 

•  ■ 

VII.  AND  be  it  further  Enaaed,  by  the  Authority  aforefaid,  That  if  any  Branch  Pilot  of  the  laid 
River  oi  Cape  Fear  fhall  knowingly  fuller  any  Kind  of  Ballall  or  Tralh  to  be  thrown  out  of  any  Veffel 
into  any  Part  of  the  Channel  of  the  faid  River,  and  fhall  not,  within  Ten  Days  after  fuch  Offence 
being  committed,  make  Information  thereof  to  one  or  more  of  the  faid  Commiflioners  of  the  Pilotage, 
fuch  Branch  Pilot  fhall,  upon  Proof  thereof  being  made  by  one  or  more  creditable  Witneffes,  forfeit 

hi*' 


Captain  of  Fort 
j  hnft.in  to  Older 
l-'iluts  to  Sea. 


Pilots     to     keep 
decked  Bo.to. 


Ballaft  not  to  be 
thrown  in  the 
River.     • 


jMafter     of      the 
Vellels  Oah. 


Pen.  for  throw- 
ing Ballaft  in  the 
Kiver. 


Suittobebrnuglit 
within  Twelve 
Months, 

Pi-n  on  Pilots 
fuffalng  Ballaft 
to  be  thrown  in- 
to the  Kiver, 


L   A   IV  S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


503 


his  Branch,   and  be  rendered  for  ever  thereafter  incapable  of  afting  as  a  Branch  Pilot  for  the  faid     A.    D    1771 
River.  '    ^.  '-it' 

VIII.     AND  he  it  further  Enaaed,  by  the  Authority  afore/aid.  That  fo  much  of  the  before  recited    Repealing  Claufe, 
Aft,  as  comes  within  the  Purview  of  this  Aft,  (hall  be,  and  is  hereby  repealed  and  made  void,  to  all 
Intents  and  Purpofes,  as  if  the  fame  had  never  been  made.  . 


For 


o     o    Governor's  Feets 


lo  o 

S  o 

10  o 

5  4 

5  4 


CHAP.     XII. 

An  A51  to  amend  an  Aci^  intituled.  An  ASf  for  regulating  the  fever al  Officers  Fees  izithin 
this  Province,  and  afcertaining  the  Method  of  -pacing  the  fame. 

I.  TXT"  H  E  R  E  A  S  Fees  for  many  Services  by  Law  enjoined  to  be  performed  by  the  Governor  of    preamble 

VV  ihis  PjGvince  arc  altogetner  omitted  in  the  above  mentioned  Ad,  and  others  fo  ambiguoully 
exprefled,  that  it  is  become  douDtful  what  Fees  he  is  legally  intitled  to  for  the  Services  therein  menti- 
tioned  :  For  Remedy  whereof, 

• 
II.     BE  it  Enaaed,  by  the  Governor,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame.    That 
from  and  after  the  palling  of  this  Ac^,  it  Ihall  and  may  be  lawful  ior  the  Governor,  or  Commander  in 
Chief  of  this  Province  for  the  Time  being,  to  receive  and  take  the  following  Fees  for  the  leveral  Ser- 
vices herein  after  mentioned,  to  mail, 

f"A  Charter,  /• 

A  Marriage  Licence, 

An  Ordinary  Licence, 

An  Attorney's  Licence  in  the  Superior  Courts,  " 

An  Attorney's  Licence  in  the  Inlerior  Courts, 

The  Probate  of  a  Will, 

Granting  Adminiltration  on  an  Intellate's  Eftate,  and  qualifying  the  Adminiftrator, 

Letters  of  Adminillration  or  Tellamentary, 

An  AfTignment  of  an  Adminillration  Bond, 

A  Tellimonial  under  the  Colony  Seal,  •  4 

A  Chief  Juftice's  CommilTion, 

A  Chief  Bar«n  of  the  Exchequer's  Commiflionj 

An  Alfociate  Juftice's  Comriiiflion, 

A  Judge  of  the  Admiralty's  Commiflion, 

An  Altorney  General's  Commiflion, 

A  Secretary's  Commiflion, 

A  Deputy  Auditor  General's  Commiflion, 

A  Clerk  of  the  Plea's  Commiffion, 

A  Clerk  of  the  Council's  Commiflion, 

A  Captain  of  Fort  Johnfon's  Commiflion, 

A  Colleftor's  Commiflion, 

A  Comptroller's  Commilfion, 

A  Sheriff's  Commiffion, 

A  Coroner's  Commiflion, 

A  Regifter's  Commiflion, 

A  Notary  Public's  Commiflion, 

A  Ranger's  Commiflion, . 

A  Naval  Oflicer's  Commiflion,  • 

An  Aflignment  of  a  Ship's  Bond, 

A  Ship's  Regifter, 

A  Pilot's  Branch, 

An  undecked  Veflel's  Regifter, 

Each  Patent  for  Land, 
LEvexy  Hundred  Acres  contained  in  a  Warrant  for  Land, 

/«    C  H  A  N  C  E  R  Yo 

f  Signing  a  Decree, 
Every  Subpoena, 
Signing  an  Injunftion, 
A  Ne  Exeat, 

Hearing  and  determining  any  Caufe, 
An  Interlocutary  Decree, 
Tor     -<J  Signing  an  Exemplification  of  a  Decree, 

Signing  an  Exemplification  of  the  whole  Proceedings  in  any  Caufe  under  Seal 
Every  Ded.mus  Pou/iatem,  Attachment,  Commiflion  of  Rebellion  or  Sequeftration 
pilmifln.g  every  Bill    where  the  Caufe  does  not  come  to  Trial,  or  final  Hearing 
Setting  down  every  Caufe  for  Hearing,  ° 

Every  Writ  of  Execution  of  a  D«cree,  ^ 

^Evcry  Order  made  on  Motion  or  Petition, 


5     4 
'3     4 


O     H!i   Fees    in 
o     Chancery. 

6 


o     o 

5     4 

0  o 

2       8 

5     4 

1  4 
And 


5^4 


LAWS    of    North-Carolina. 


A.  D.    1771. 


I'ublic  Rcglfler's 
Fees, 


To  keep  Tables 
of  their  Fees  fix- 
ed up  in  their 
Offices. 


pen     for    taking 
larger  Fees. 


Profecution?  to  be 
within  Twelve 
Months. 

Repealing  Claufe. 


And  that  the  Governor's  Private  Secretary  may  take  and  receive  to  his  own  Ufe  the  following  Fees, 
and  no  inore,  to  luit, 

'Drawing  the  Certificate  for  the  Probate  of  a  Will,     •  ^^.o    5     o 

Drawing  every  Teflimonial,  050 

Every  Warrant  for  Land,  028 

The  Great  Seal,                                *  028 

For  ■{  The  Seal  at  Arms,  028 

Drawing  an  Alfignment  of  an  Adminiftration  or  Ship's  Bond,  050 

.Making  out  every  Commiffion,  to  which  the  Seal  at  Arms  is  affixed,  054 

Filling  up  Letters  of  Adminillration,  takjng  Bond,  and  all  Services,  o  10     8 

filling  up  Letters  Teftamentary,  o  10     8 

in.  AND  alfo,  whereas,  by  Reafon  of  the  Uncertainty  and  Ambiguity  of  the  faid  Aft,  fundry 
Difputes  have  arifen  concerning  what  Fees  Fublif  Regillers  may  lawfully  take  for  services  by  them  to 
be  performed  ;  Be  it  EnaBed,  -by  the  Authority  aforejaid.  That  for  the  future  the  following  Fees  only 
ihall  be  received  by  the  Public  Regiflers  of  the  feveral  Counties  within  this  Province,  to  wit, 

"Regiftering  every  Birth,  Burial,  or  Marriage,  jC-  o     o     8 

Regiftering  every  feparate  Deed  of  Conveyance  of  Lands,  including  the  Certificate 
of  being  proved,  Relinquifhment  of  Dower,  Order  for  Regillration,  and  Cer- 
For  -i  tificate  of  Regiflration,  and  all  Indorfements  thereof.  Conveyances  by  Leafe 

and  Releafe,  to  be  confidered  as  feparate  Deeds,  or  Copy  thereof,  040 

Regiftering  every  other  Inftrument  of  Writing,  or  Copy  thereof,  028 

Every  Search,  008 

IV.  AN D  be  it  further  Enaffed,  hy  the  Authority  afore/aid.  That  each  refpeflive  Public  Regifter 
Ihall,  within  Eight  Months  after  the  Ratification  of  this  Att,  fet  up  in  fome  Public  Place  in  his  Office, 
a  Table  of  the  Fees  that  may  be  taken  according  to  the  Diredions  of  this  Ad,  and  fliall  keep  the 
fame  up,  under  the  Penalty  of  Five  Shillings  for  every  Day  fuch  Table  fhall  not  be  fo  fixed  up  ;  to  be 
recovered  by  a  Warrant  before  any  Juftice  of  the  County,  by  any  Perfon  profecuting  for  the  fame. 

V.  AN  D  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  if  any  Public  Regifler  Ihall  de- 
mand, extort,  exaft,  or  receive,  under  Colour  of  his  OfBce,  any  other  or  larger  Fees  than  what  is 
particulai4y  mentioned  in  this  Aft,  or  fliall  refufe  to  do  the  particular  Service  in  his  Office  for  the  Fees 
in  this  Aft  exprelTed,  fuch  Public  Regifler  fhall,  for  every  fuch  Offence  or  Default,  forfeit  the  Sum. 
of  Five  Pounds;  to  be  recovered,  by  Aftion  of  Debt  or  otherwife,  before  an^ J urifdiftion  having 
Cognizance  thereof,  by  any  Perfon  who  fhall  lue  for  the  fame. 

VL  PROVIDED  alnjoays.  That  fuch  Profecution  fhall  be  commenced  within  Twelve  Month* 
after  the  Offence  is  committed,  and  not  after. 


VII. 
Things 


^  N  D  be  it  further  Enaaed,   hy  the  Authority  aforefaid.    That  all  Claufes,    Matters,    and 
the  before  lecited  Aft,  fo  far  as  is  within   the  Purview  and  Meaning  of  this  Aft,    is  and 


axe  hereby  repealed,  and  declared  to  be  null  and  void,  to  all  Intents  and  Purpofes. 


CHAP.     XIII. 

An  ASi  to  continue  an  A5l^  intituled.  An  Act  to  encourage  the  dejiroying  of  Vermin  in  the 
feveral  Counties  therein-mentioned^. 

■  Preamble*  I.  T  T  7  H  E  R  E  A  S  the  Aft  to  encourage  the  deftroying  of  Vermin  in  the  feveral  Counties  there- 

W     in-mentioned,    made  in  the  Yearofour  Lord  One  Thoufand  Seven   Hundred  and  Sixty 
Nine,  is  now  near  expiring,  and  the  fame  being  found  by  Experience  to  be  of  Utility  : 

Aft  continued.  II-      ^  ^  it  Enadcd  by  the  Governor,  Counil,  and  Affemhly,  and  by  the  Authority  of  the  fame.  That 

the  before-recited  Aft,  and  every  Claufe  and  Article  therein,  continue  and  be  in  Force  from  and  af- 
ter the  paffing  of  this  Aft,  for  'and  fiuring  the  Space  of  Five  Years,  and  from  thence  to  the  End  of 
the  next  Sellion  of  Alfebly,  and  no  longer. 

Inforced  in  Onf-        HI-     AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.    That  the  faid  recited  Aft,  and  each 
law  County.  and  every  Claufe  and  Article  in  the  fame,  fhall  extend  to,  and  be  in  Force  in,  the  County  oi  Onflow, 

in  as  full  and  ample  Manner,  to  all  Intents  and  Purpofes,  as  if  the  faid  County  had  been  particularly 

named  "in  the  faid  Aft. 


CHAP. 


LAWS    of    North-Carolina. 


505 


J.   D.   1771. 


CHAP.     XIV. 

An  Act  to  impower  the  Officers  therein  mentioned,  in  certain  Cafes^  to  take  the  Poll  at  the 
Election  of  MemOers  to  jerve  iu  the  General  /ijjembly. 

I-  1X7  ^-E  R  E  A  S  no  Officer  except  the  SheriiF,  or  his  Deputy,  is  appointed  by  I,aw  to  take  tho     Preamble. 

y  V  Pvil  at  ihf  lik-ciion  oi  I*v'icmijtrs  to  icrvc  m  thu  (jcnerai  Aircmoiy  for  this  Province  j  and  aa 
a  Shcarr  may  die,  or  be  diiqualihcd,  10  near  tlic  Day  of  iiiection,  that  no  Shenri"  can  be  appointed 
in  Time  to  take  tuc  !'•  li,  by  which  Means  loine  Counties  may  not  have  Repielcntatives  to  appear  lot 
them  Quiing  a  Ahuic  b.hiun  of  Alfembly,  and  receive  great  li-jury  thereby  : 


11.  BE  it  therefore  EnaBed  by  the  Go-vernor,  Council,  and  AJfembly,  and  by  the  Auhority  of  the  fame. 
That  from  and  aucr  the  paihng  of  tnis  Act,  ui  Caie  ol  tne  Ueam  or  Duquahhcation  ol  any  btierilt, 
or  from  any  other  Ci^k  wiiacever,  by  waicn  a  County  may  be  without  a  iiUeritf,  at  the  Time  of 
any  iiiection,  that  tne  Coroner  in  any  County  where  luch  ikiil  be  held,  or,  where  there  arc  more 
Cor^iicra  than  une,  that  the  Coroner  living  nearelt  tne  Place  where  luch  Electiun  fliall  be  held, 
ilhaii,  ana  is  litieb)  impuwered  and  lequired,  .0  receive  the  vviits  ot  Election  K.r  iach  County,  and  ta 
prt/tceu  iherc>.:n  in  the  ianie  Mann.r  tliat  tiiieiiiis  are  by  Law  oirected  to  proceed,  and  ihall  be  under 
tne  iaiiic  Rules  and  R.-gulat.ons,  and  luujed  t..  tiie  lame  Penalt.es,  that  Sherilrs  are  uy  Law  liable 
and  iuljtci  to;  which  Vi^rit  of  Election  lo  proceeded  upon,  and  the  Return  niaue  by  luch  Coroner, 
Ihuil  be  ileemed  as  valid,  to  all  Intents  and  Purpoles,  as  if  perio,mca  by  the  bhenit ;  any  La.v] 
Liage,  or  Cullom  tJ  the  contrary,  uo.withilanuing. 


Coroner  maytake 
the  t-»!l  wheie 
no  ShcijfF. 


CHAP.     XV. 


An  Act  to  enlar^  the  Time  for  feveral  Sheriffs  to  fettle  their  Accounts  zvith  the  Juftces  of  HadUsEffcaj 
■  the  Inferior  Cowrts  of  Fleas  and.  ^uritr  Sejjwns  oj  lu  Counuei  liicnin  mentioned. 


CHAP.     XVI. 

An  A^  for  amending  an  Af,  intituled.  An  Adf  for  eref^ing  in  the  To'wn  o/SaIi{bur/  a 
Public  Goal,  PiUcry,  and  Stocks,  for  the  Dtjtria  Oj  Suiilbury,  in  ttAs  Province. 

I-  "1X7  HERE  AS    the  Trunees  appointed   in   the  before-recited  hSi,  by   Reafon  of  the  late 
VV     Ii^iunedtion  jrevencing  tlie  Colledion  of  Taxes,  have  not  been  able  to  dii'cha.ge  the  Trull 
tcpokd  in  them  vviiiiin  the  lime  limited  by  the  faid  Ad  : 

II.  BE  it  there/:  r-:  Ena'aed  by  the  Gcvernor,  Council,  and  JJfembly,  and  by  the  Authority  of  the  fame, 
Th&X  Matthew  Lecke,  John  Dunn,  James  Kerr,  IViiliam  Steel,  2i\A  James  Dobbin,  be,  and  are  hereby 
Appointed  Trullees,  in  the  Rccm  ofihofe  appoinud  as  alorefaid,  and  impowered  to  agree  and  con- 
trad  with  an)  Pe.'ftn  or  Perfcns  for  fuperintcnding  and  fiuilhing  the  faid  Goal,  Pillory  and  Stocks,  in 
Manner  as  hi  the  faid  Ad  is  direded,  with  the  fame  Powers,  and  under  the  lame  Reltridions,  as 'the 
former  Tiullees  by  the  bcfure-recited  Ad  appointed. 

III.  AND  whereas  the  Tax  heretofore  Jaid  on  the  feveral  taxable  Perfons  in  the  Diftrid  of  Salif- 

lury,  hath  been  (our.d  to  be  iiifufiicient  to  finilTi  and  ccmpleat  the  faid  Goal,  Pillory  and  Stocks;  lie     ^^x  'aid  ht 
it  Eni.a.d,  by  the  Authority  afoiefaid.  That  a  Poll-tax  of  One  Shilling  be  laid  on  the  taxable  Perfons     ''"'''''"g  ^''« 
in  the  Ccunty  of  Rc-vjan,  and  Ei_ht  Pence  on  the  taxable  Perfons  in  each  of  the  other  Counties  in  the     '^"'^"    " 
faid  D'ltnd,  for  one  Year ;  which  faid  Tax  fliall  be  colleded,  and  accounted  for,  in  the  fame  Man- 
ner as  in  the  before- recited  Ad  is  directed. 


I'reamSIi. 


Truftccs  for 
building  a   Gaol^ 


I\  .     A^  D  be  ,t  further  EnaBed,   by  the  Authority  aforefcid.   That  the  TruRecs  by  this  Act  appoint 
ed  (lull  be,^anil  ihty  are  hereby  inverted  with  full  Power  and  Authority,  to  receive  into  their  Hand 
'  ■   '^fc  collected  or  received,   by  any  Perfon  or  Perfons   whatfoever,  in  Virtue  of  a 

ttnbly,  or  in  Virtue  of  any  Order  of  the  Inferior  Court  of  the  County  o{  Roiva^i, 
cting  a  Goal  for  the  County,  or  for  the  Dillrict  oi  Salijlury  ;  and  alio  all  Mon 
ue  or  arifing  from  the  Taxes  within  the  Dillrict  oi Salijbury,  in  Virtue  of  the  afo 


,,  A/      •      ,  ,   •        .,         ,' — - „.uy,  to  receive  into  their  Hands 

all  Monies  heretofore  collected  or  received,  by  any  Perfon  or  Perfons  whatfoever,  in  Virtue  of  any 
A.  t  or  /icts  of  Afretnbly,  or  in  Virtue  of  any  Order  of  the  Inferior  Court  of  the  County  oi  Roiva,i,  for 
tl).  Purpoles  oi  erecting  a  Goal  for  the  County,  or  for  the  Dillrict  oi  Salijhury  ;  and  alfo  all  Monies 
inat  n^y  bee.  me  due  or  arifing  from  the  Taxes  within  the  Dillrict  oi SanjOury,  in  Virtue  of  the  afore- 
faul  A.t,  and  this  Act ;  and  on  Neglect  or  Refufal,  to  p.cceed  againlt  all  fuch  Delinquents  in  the 
lame  Manner  as  prefcnbcd  in  the  faid  Act. 


Truftees  Power 
to  tefcive  Mo- 
nies for  can  ling 
on  the  Buildisgi. 


A  a  a  a 


CHAP. 


5o6 


L  A  IV  S    of    North-Carolina. 


A.    D.  lyji. 


Preamhle. 


Commiffionert  to 

be  elected. 


Comm'ffionert  to 
lay  '  ut  a  Street, 
an<t  make  Rcgu- 
lationj. 


To  malje  ti  Plan 
of  the  Town. 


Repelling  Claufe. 


CHAP.     XVII. 

Jn  Act^  for  amending  ah  ASl^  intituled^  An  Act,  for  the  better  Regulatioa  of  the  'Town 
of  Newbern,  and  for  fecuring  the  Titles  of  Perfons  who  hold  Lots  in  the  /aid  Town. 

I.  TTT'HEREAS  the  Freeholders  of  the  Town  of  Neiviern  did  neglect  to  meet  at  the  Court- 
V  V     houfe  in  the  faid  Town  on  the  Second  Tuefday  in  November  lafl,  and  elect  Commiffioners, 
according  to  jthe  Directions  of  the  faid  Act : 

II.  B  E  it  therefori  Enaiied,  by  the  Governor,  Council,  and  Jljfembly,  and  hy  the  Authority  of  the  fame. 
That  it  fliall  and  may  be  lawful  for  the  Freeholders  of  the  faid  Town,  to  meet  on  the  Fourth  Tut(day 
in  January  next,  at  the  Court-houfe,  and  elect  Five  Freeholders  to  be  Commiffioners,  until  the  ulual 
Time  of  electing  Commiffioners  for  the  faid  Town  ;  which  Election  fhall  be  held  by  the  Sheriff  of 
Craven  County,  in  the  fame  Manner  as  fuch  Elections  have  been  heretofore  held  :  And  the  Commif- 
fioners fo  elected,  before  they  enter  upon  the  Execution  of  their  Office,  fhall  take  the  Oath  by  the  a- 
bove-recited  Act  directed,  and  thereafter  fhall  be  veiled  with,  and  are  hereby  declared  to  have  the 
fame  Powers  and  Authorities,  to  all  Intents  and  Purpofes,  as  if  fuch  Commiffioners  had  been  elected 
on  the  Second  Tuefday  in  November  lall ;  any  Law  to  the  contrary  notwithftanding. 

III.  AND  be  it  further  Enaded,  hy  the  Authority  aforefaid.  That  it  (hall  and  may  be  lawful  for 
the  faid  Commiffioners,  and  they  are  hereby  directed,  impowered  and  required,  to  lay  out  a  Street 
from  the  North  Side  oi  Pollock  Street,  at  right  Angles  with  the  Eafl  and  Weil  Corners  of  the  North 
Front  of  the  Palace,  to  the  Bounds  of  the  Town;  which  faid  Street  fo  laid  out,  fhall  be  called  and 
known  by  the  Name  of  George  Street ;  and  that  the  Street  called  Edin  Street,  from  Pollock  Street  North- 
ward, be  thenceforth  difcontinued  ;  and  the  Lots  next  adjoining  the  faid  George  Street,  on  the  Well  Side 
thereof,  fhall  extend  Weftward  acrofs  where  the  faid  Street  called  £,;'£»  Street,  nov  runs;  and  that 
thofe  Lots  adjoining  on  the  Eafl  Side  of  the  faid  George  Street,  be  made  as  nearly  equal  in  Quantity  of 
Gound  as  may  be,  flrict  Regard  being  had  by  the  faid  Commiffioners  to  the  Improvements  already 
made  by  the  Owners  of  fuch  Lots,  fo  as  the  fame  fhall  be  included  within  the  Bounds  and  Limits  of 
the  faid  Lots  by  them  to  be  laid  out,  and  the  Marks  and  Numbers  to  correfpond  with  the  prefc-nt 
Numbers  of  the  Lots  in  the  Square  through  which  the  faid  George  Street  fhnll  be  laid  out ;  and  that 
thereafter  the  Owners  of  the  refpective  Lots  as  now  laid  down  in  the  Plan  of  the  faid  Town,  fhall  be 
intitled  to  the  Lot  to  be  laid  out  of  the  fame  Number,  and  fhall  hold  and  enjoy  the  fame  Ellate  there-, 
in,  as  he  or  fhe  would  or  could  have  held  and  enjoyed,  in  their  refpective  Lots  of  thofe  Numbers,  if 
this  Aft  had  never  been  made  ;  any  Thing  in  any  former  Law,  to  the  contary,  notwithftanding. 

IV.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  faid  Commiffioners  after, 
having  fo  laid  out  the  the  faid  George  Street,  and  fet  up  Marks  at  the  Corners  of  the  feveral  Squares  in 
the  faid  Town,  fhall  make,  or  caufe  to  be  made,  a  fair  and  accurate  Plan  of  the  faid  Town,  with 
prcper  Defcriptions ;  which  Plan  (hall  for  ever  thereafter  be  deemed  the  true  Plan  of  the  faid  Town, 
and  be  lodged  in  the  Secretary's  Office,  and  one  fair  Copy  thereof  be  lodged  with  the  Clerk  of  tlia 
faid  Town,  by  him  to  be  fafely  kept,  that  all  Perfons  may  have  free  Accefs  thereto,  on  the  Payment 
of  One  Shilling  :  And  if  the  faid  Clerk  fhall  refufe  or  negleft  to  fhew  the  faid  Plan  to  fuch  Perfons 
as  (hall  require  the  fame,  and  pay  .the  Fee  aforefaid,  he  fhall,  for  every  fuch  Refufal  or  Negkd,  for- 
feit and  pay  the  Sum  of  Twenty  Shillings ;  to  be  recovered  by  the  Party  requiring  the  fame,  by  u 
Warrant  before  any  Juflice  of  the  Peace,  with  Cofls. 

v.  A N D  he  it  further  EnaSied,  hy  the  Authority  aforefaid.  That  fo  much  of  each  and  every 
Aft,  and  Claufe  of  an  Aft  of  AfTembly,  heretofore  made,  as  comes  within  the  Purview  of  this  Aft, 
is  and  are  hereby  repealed  and  made  void. 


Preamblet 


Cr  mmiflioners 
appointed  for  lay. 
ing  out  (he 
Town, 


CHAP.  XVIII. 

An  A5i  for  laying  out  a  Town  on  the  Lands  0/ Richard  Evans,  in  Pitt  County,  hy  the 

'Name  of  Martinborough.  •  . 

r.  WJ  H  E  R  E  A  S  the  Land  of  Richard  Evans,  on  the  South  Side  of  T^r  River,  in  Pitt  County, 
y  V     ^^'h  ^^^"  reprefented  to  this  AfFenibly  as  a  convenient  Place  for  Trade,  and  the  Inhabi- 
tants of  the  faid  County  being  defirous  that  a  Town  fhould  be  eftablifhed  thereon  : 

11.  B  E  it  £  nailed  by  the  Governor,  Cvunil,  and  A£'emhly,  ani  hy  the  Authcrity  of  the  fame.  That 
fo  foon  as  the  faid  Richard  Evans  fhall  fignify  his  Confent  in  open  Court  of  the  faid  County  oi  Pitt, 
to  have  One  Hundied  Acres.of  Land  laid  out  for  a  Town,  as  herein-.Tfter  is  direfted,  it  ffiall  and 
may  be  lawful  for  fVyriot  Ormond,  Richard  Evans,  Charles  Forbes,  H,?iry  Ellis,  and  George  Evans, 
Gentlemen,  or  the  Majority  of  them,  who  are  hereby  nominated  and  appointed  Commiffioners,  with 
full  Power  and  Authority  to  lay  out  the  faid  One  Hundred  Acres  of  Land  on  the  South  Side.of  T^^sir 
River  for  a  Town,  by  the  Name  of  Martinborough  ;  and  they  or  a  Majority  of  them,  are  hereby  di- 
refted and  impowered  to  lay  out  the  fame,  at  and  adjoining  the  faid  River,  into  Lots  of  Hall  an  Acre 
each,  with  convenient  Streets,  and  a  Place  for  a  Church  and  Market. 


III.  AND 


L  A  IV  S    of    North-Carolina. 


S07 


III.  AND  he  it  further  Enalied,  by  the  Authority  afozffaid.  That  when  the  Commifijoners,  br 
-the  Majority  ot'lhem,  ftwU  have  laid  out  the  faid  Town  in  Manner  as  aforefaid,  they  and  each  of 
them  Ihall  have  Power  to  take  Subfcriptions  for  the  faid  Lots,  of  fuch  Perfons  as  arc  willing  to  fub- 
fcribe  for  them  ;  and  when  the  faid  Commiflioners  fhall  have  taken  Subfcriptions  for  One  Hundred 
Lots,  or  upwards,  they  ftiaJI  appoint  a  Day,  and  give  public  Notice  to  the  Sjbfcribers  of  the  Day 
appointed,  for  drawing  of  the  faid  Lois,  which  fhall  be  done  by  Ballot,  in  a  fair  and  open  Manner,  in 
the  Prefence  of  the  Commiflioners,  or  a  Majority  of  them  ;  and  iuch  Subscriber  fh.ill  be  intitled  to 
the  Lot  or  Lots  which  fhall  happen  to  be  drawn  for  him,  and  correfpond  with  the  Mark  or  Number 
contained  in  the  Plan  of  the  faid  Town  ;  and  the  Commiflioners,  or  the  Majority  of  them,  are  hereby 
impowered  and  direifted  to  grant,  convey,  and  acknowledge,  by  Deed,  the  laid  Lots,  to  the  Perfons 
who  Ihall  be  inttiled  to  the  fame,  and  his  Heirs  and  Afligns  for  ever,  in  Fee  Simple,  wpon  the  Pay- 
ment of  Fifty  Shillings,  Proclamation  Money. 

IV  AND  for  continuing  the  SuccefHon  of  the  CommilUoners,  Be  it  EnaH^,  hy  the  Authority 
aforefaid.  That  in  Cafe  any  of  the  Commiifioners  herein  named  fliall  die,  remove  Ait  of  the  Piovince, 
or  fhall  refufe  to  act,  the  Remainder  of  the  Commiifioners  in  this  Ad  appointed  fhall  and  may  deit 
and  appoint  other  Ccmmifiioners,  to  fcrve  and  act  in  their  Stead. 


A.  D. 


177  J- 


Town  Lots  to  be 
drawQ  tor. 


CommiflJ<b«f 
kept  up. 


V.      AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That   Charles  Forbes  be,   and  is  hereby     Tieafurer  ap. 
appointed  l>eal'urer  and  Receiver,  of  all  fuch  Sum  and  Sums  of  Money  which  Ihall  arife  by  the  Sale     pointed, 
of  the  laid  Lots,  for  the  Ufe  of  the  faid   Richard  E-vans,  his  Hrirs  and  AlTis^ns  :  And  on   the  Death 
or  Departure  of  the  faid  Treafurer,  cut  of  the  Governmtnt,  the  faid   Commilfionerb,  or  the  Majority 
of  them,  or  their  Survivors,  fhall  appoint  fome  other  Perfon,  in  the  Room  of  the  faid  Trcafurer. 

VL     AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Treafurer,  herein  appoint-  pujchaf?  Miney 

ed  hy  the  Coirmillionersc!-  ati  rtfiiid,  fhall  account  tcr  ai  d  jay  unto  the  faid  Richard  E'vans,  his  Heirs  t"  bt  paid  the 

or  AfTigns,  all  fuch  Monies  as  fhall  be  by  him  received,  on  the  Sale  of  all  and  every  Lot  and  Lots  I'.'opristor. 
that  fhall  be  fold  in  each  Year,  or.  the  Twenty  Fourth  Day  oijune  yearly. 


CHAP.     XIX. 

An  A^  for  building  a   Court-Houfe  in  the  Town  of  Salifbury,  for  the  Lifirict  of 

Salifbury. 

L  TTTHEREAS  the  Court-Houfe  in  t\\t  Town  of  Salijhnry,  in  the  County  of  ^eiy/7«,  is  great-    Preanble 


ly  decayed,  and  in  fo  ruinous  a  Condition  that  Courts  cannot  be  held  therein 

n.  BE  it  Enabled,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of  the  fame,  That 
■M.  John  Dunn,  Mr.  Thomas  Niel,  Mr.  James  Kerr,  Mr.  Thomas  Polk,  Mr.  John  Coulfon,  Mr.  alex- 
ander  Martin,  and  Mr.  Robert  Lanier,  be,  and  they  are  hereby  appointed  Ccmmifiioners ;  and  they 
or  the.  Majority  of  them,  fhall  and  may,  and  they  are  hereby  required,  within  Eighteen  Months  after 
the  palling  of  this  Aft,  to  agree  and  contradl  with  Workmen  for  building  and  ereding  a  new  Court- 
Honfe  in  the  Town  of  Salijhury,  on  the  Lot  of  Ground  whereon  the  Court-Houfe  now  llands. 

Iir.  AND  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  a  Poll  Tax  of  Eight  Pence 
be  levied  on  eacli  taxable  Ptrfon  in  the  Ccunty  of  Rentan,  and  a  Poll  Tax  of  Six  Pence  be  levied  on 
the  taxal)le  Perfons  in  the  Counties  of  An/on,  Aucklenburg,  Tryon,  Guilford,  and  Surry,  for  Two 
Years  ;  that  is  to  fay,  the  Year  One  Thoufand  Seven  Hundred  and  Seventy  Two,  and  the  Year  One 
Thoofand  Seven  Hundred  and  Seventy  Three  ;  to  be  levied  and  colleded  by  the  Sheriff  of  the  refuec- 
tive  Counties,  in  the  fame  Manner,  and  at  the  fame  Times  as  Public  Taxes  are  by  Law  direded  to  be 
colleded  and  accounted  fcr  ;  which  faid  Tax  fo  colleded,  (hall  be  paid  to  the  Commiflioners,  or  a 
Majority  of  them,  and  by  them  ihali  be  applied  to  defray  and  pay  for  building  the  faid  Court-houfe. 

IV.     AN  D  be  it  further  EnaSed,  by  the  Authority  aforefaid.  That  the  faid  Commiflioners,  or  a  Ma-  Commiffi-^nerj  to 

jority  of  them,  after   the  aforefaid  Building  fhall  be  ereded,  built,  and  finifhed,  fhall  render  an  Ac-  ^'t 'unt  with  tUe 

count  of  the  Monies  by  them  received  in  Virtue  of  this  Ad,  together  with  that  of  their  Difbarfcments,  C""''- 
to  the  Inferior  Court  of  the  County  of  Rowan. 


Comm  flioncts 
fur   building   the 
Cuun-Hufe. 


Tax  WA  for 
buil-Hing  a  Cuurt' 
Ho  ufe. 


_  V.  AND  be  i.'  further  Enaaed,  by  the  Authority  aforefaid.  That  the  Sheriff  of  the  refpedive  Coun- 
ties in  the  faid  Dilirid  of  SaliJOury,  fgr  the  lime  being,  fhall,  before  he  or  they  colled  or  receive  any 
Part  of  the  Tax  herein  laid,  enter  into. Bend,  with  Two  fufficient  Securities,  to  the  faid  Commiffion- 
eri,  for  the  faithful  CoUedion  and  Payment  of  the  aforefaid  Tax. 


Sheiiffs  to  give 
Blind  for  collcft- 
iiig  the  Taxes, 


CHAP.     XX. 

^n  ASf  to  emend  an  A£i^  intituled.  An  Act  for  the  Regulation  of  the  Town  of  Wil- 

m  ington. 

H  E  R  E  A  S  by  the  before-recited  Ad  the  Commiflioners  of  the  Tosun.of  Wilmivgton,  or  the    „       ., 
Majorir/  of  th'em,  are  direded  to  i.Tue  their  VVairanis,  at  leifl  Twice  in  every  Year,  to  warn      '""^   " 

all 


5o8 


L  A  1^  S    of    No rth-Carolina. 


A.  D.  1771.  all  the  Male  Taxables  to  clear,  repair,  and  pave  the  Streets,  Lanes,  or  Allies,  and  to  make  or  mend 
Wharfs,  Decks,  or  Slips ;  which  Method  have  been  found  burthenfome  and  inconvenient,  and  not  to 
aiifwer  the  Purpofes  thereby  intended  :  For  Remedy  whereof, 

II.  BE  it  EnaSled,  by  the  Go'vernor,  Council,  and  AJfembly,  and  by  the  Authority  of  the  fame.  That 
from  and  after  the  palling  of  this  Ad,  the  C'lmniiflioncrs  of  the  laiu  7  own,  or  the  Majority  of  them, 
flT.il],  and  they  are  heieby  impowered  and  itquirtd,  within  Twenty  Days  after  the  Firll  Tuejday  \a 
Jamiaty  in  every  Year,  to  lay  fuch  Tax  as  they  may  judge  neccifary,  nut  exceeding  Fifteen  Shillings, 
Fioclamation  Money,  per  Pcill,  on  all  the  Male  TaxabK-s  in  ihc  faid  Town  ;  which  Tax  Ihall  be  col- 
letted  by  Warrant  under  the  Hands  aiid  Seals  of  the  Commiffioners,  or  the  Majority  of  them,  diredl- 
ed  to  any  I'crfon  they  fliall  aj^poiut  to  colled  the  fame,  returnable  at  fuch  Time  as  fliall  be  therein 
mentirned;  w hi'. h  faid  C  >lKdor,  appointed  as  aforefaid,  is  hereby  impowered  to  colled  and  make 
Dilhcfs  for  the  Lmc,  in  like  Manner  as  the  Sheriffs,  or  other  Collcdors  of  Public,  County,  or  Parilh 
T.ixes,  are  impiuercd  by  Law;  and  the  Money  arifing  therefrom,  after  deduding  Five  per  Cent. 
Conimiffions,  lli^  by  him  be  paid  inti;  the  Hands  of  the  Commiffioners,  or  the  Majority  of  them,  to 
be  by  them  appiitd  and  iaiJ  out  in  clearing  and  repairing  of  the  Public  Streets,  Lanes,  and  Alleys, 
an.  making  or  lepairinc;  Pijb  ic  Wharfs  or  Docks,  and  in  any  other  Public  Work  they  may  judge 
ntceflary  for  tiie  Benefit  ol  tie  laid  lown. 

III.  AND  be  ii  fu'ther  EnaBed,  by  the  Authority  afore/aid,  That  no  Perfon  fhall  after,  the  palling 
of  this  Ad,  be  obliged  to  work  n  the  Streets,  or  otner  public  Places  in  the  faid  Town,  or  to  pay 
any  other  Tovvn  Tax,  but  fui.h  as  is  herein-before-mentioned;  any  Thing  in  the  before-recited  Acl, 
to  the  contrary  notvvithilanding. 

IV.  AND  whereas  the  Tnh  !bit!<nt5  of  the  faid  Town  have  been  at  greet  Expence  in  procuring 
an  Engine  f^r  the  Exrin^uifhiiig  of  Fire,  s\hich  is  now  out  of  Repair  ;  Be  it  further  Enured,  by  the 
Authority  aforejaid,  Tii-i'  the  laid  Commifli  ujers,  or  rlie  Maj  ;rity  ot  them,  fhall,  and  they  are  hereby 
required,  within  Six  M  nths  after  the  paffing  f  this  Ad,  to  have  the  fid  Engine  repaired,  and  that 
■tlu-y  caufe  the  fame  to  i'C  prt.perly  worked,  at  lealt  one?  in  every  M.mth,  under  the  Penalty  of  Forty 
Shillings  Proclamation  M^)ney,  for  every  M  mtli  tht^  fh.ill  negled  to  have  the  fame  done  ;  to  be  re- 
covered'by  any  Perfon  who  fhall  fue  for  the  fame,  betore  any  Juificeot  the  Peace  of  Nevj  Hanover 
C-.untv  :  And  ihe  Expence  attending  the  repairing  and  working  the  faid  Engine,  fhall  be  paid  out 
of  the  Public  Stock  of  the  faid  Town. 

to  V.  AND  whereas  the  eleding  Commifiloners  annually  has  been  found  inconvenient.  Be  it  there- 
ry  fore  Eiiailed,  bv  the  Authority  aforej aid.  That  the  Coniniifii  jners  of  the  faid  Town  fhall  for  the  fu- 
ture be  eleded' once  in  every  Three  Years,  .to  c-mmence  from  the  Full  Tuejday  in  January  next  ; 
which  Commifiioneis,  fo  eledi-d,  are  hereby  veiled  with  the  fame  P.iwers  and  Authorities,  and  (liall 
be  fubjed  to  the  fame  Rules  and  RelMdions,  as  if  they  had  been  annually  eledtd  ;  any  Thing  in 
tlie  beforfe-recited  Ad,  to  the  contrary,  notwithllanding. 


Comrr  (Tintif rs 
lay  a  Tax  un  t 
Town, 


For  clearing 
Str^s,  &c. 


p^rfnns  not 
w  rk.  iiri  the 
Streets, 


r'lri'  Engine  to  be 
r(  pa  r.'d    and 
w  tkt\i. 


Comrr.'fTioners 
be  ele'fd  tvt 
thice  Years. 


Inhab'tants  to 
(iv,    A^c 
ttiCir  Taxablc.1 


t    of 


c< 

mmiflioni 

■r3  to 

vk 

L-.t.in   G, 

oind 

K. 

nt  toi  Pia 

ZZ  Jt, 

&c. 

VI.  AND  he  it  further  EnaSed,  by  the-  Authority  aforefnid.  That  the  Inhabitants  of  the  faid 
Town  fhall,  and  they  are  hereby  required,  to  give  in  a  Lill  (fall  the  Male  Taxable  Perfons  in  each 
of  their  Families,  on  Oath,  to  the  Commifiioners,  on  the  Thid  Tuejday  in  January  m  every  Year, 
under  the  Penalty  of  Forty  Shillings  for  every  Negled  ;  to  be  recovered  by  Warrant  under  the  Hands 
and  Seals  of  the  Commiffioners  of  the  faid  Town,  or  the  Majority  of  tncm,  to  be  applied  to  the  Pub- 
lic Stonk  of  the  faid  Town. 

VII.  AND  whereas  from  the  many  Incroachments  made  on  the  Streets  of  the  faid  Town,  by 
fever al  Inhabitants  ercdine  Piazzas,  Platforms,  and  other  Buildings  therein,  very  much  incommode 
the  fame,  and  may  be  a  Means  of  communicating  Fire  acrofs  the  laid  Streets,  to  the  great  Prejudice 
of  the  Inhabitants;  Be  it  therefore  Enaaed,  by  the  Authority  aforefaid.  That  the  Commiffioners  of  the 
.faid  Town,  or  a  Majority  of  them,  whenever   they  think  it  neceffary,  may  afcertain  a  Ground  Rent, 


Piarzas  ni^t  to  be 
covrred     or    In- 
er;achnients 
in;'df  on  the 
Streas. 

Wtio  demcmi<) 
Taxabies   in    ihe 
Town. 


Pen    fn  Cmfta- 
blc  n.g'eiling  t'l 
walk  'he   Sirtets 
<lu::ni;  Divine 
Suviie. 


of  the  faid  Town  :  And  if  any  Perf.m  fhall  negled  to  pay  fuch  Ground  Rent,  the  fame  fliall  be  levi- 
ed by  a  Warrant,  under  the  Hands  and  Seals  of  the  Cnmmoffi.!ners,  or  the  Majority  of  them,  dired- 
ed  to  one  of  the  Conflables  of  the  faid  Town,  on  the  ErTeds  of  fuch  Delinquent. 

^'III.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  no  Perfon  fhall  hereafter  inclofe 
or  cover  any  Piazza  or  Platform  already  built,  nor  for  the  futjjire  make  any  Incroachment  whatever 
on  the  Street,  unlcis  for  open  Piazzas  or  Platforms,  not  exceeding  Six  Feet  ia  Widths  Steps,  and  Cel- 
lar Doois.  ^ 

IX.  AND  he  it  further  EnaBed,  by  the  Authority  aforefaid.  That  all  Perfons  refiding  Three 
Months  in  tiie  faid  Town,  next  before  the  Third  fuefday  in  January  in  eve;y  Year,  ih.ill  afterward* 
be  fulled  to  pay  Taxes  in  the  faid  Town. 

X.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid,  That  the  Conflables  of  the  faid  Town, 
refuiing  or  neglecting  to  walk  the  Streets  in  Turn,  in  Time  of  Divine  Service,  near  the  Place  where 
the  fame  fhall  be  performed,  as  by  Law  appointed,  fliall  each  of  them  forfeit  and  pay,  for  every  fuch 
Negled,  the  Sum  of  Twenty  Shillings,  Proclaination  Money  ;  to  be  recovered  by  Warrant  under  the 
Hand  and  Seals  of  the  faid  Commiirioners,  or  the  Majority  of  them,  and  the  Onm  Frobandi  fhali  he 


L  A  fV  S    of    Nokth-Carolina. 


509 


on  the  Defendant,  and  the  Money  arifing  therefrom  Ihall  be  paid  to  the  publick  Stock  of  the  faid 
Town. 


A.  D. 


1771. 


AND  be  it  further  EnaHed,  by  the  Authority  afsrefaid.  That  the  Commiflioners,  or  the  Ma-     Commiffioners  to 
of  them,   (hall,  and  they  are  hereby  impowereJ,  to  pafs  fuch   Oiders  as   they  may  judge  necef-     "J''!^'^  '''"'"  *"'' 


Orders. 


XI 

fary  to  prevent  Slaves  from  keeping  Houf  s  in  the  faid  Town,  or  any  Perfon  or  Perfons  dealing  with 
Slaves  not  having  Tickets  from  tiieir  Mailers,  Millrefil's,  or  Overfeers  ;  to  prevent  or  remove  all 
Kinds  of  Nufances  whatfover  ;  to  oblige  the  Inhabitants  to  keep  a  fufficient  Number  of  I^eather  Buckets 
in  their  Honfes,  whith  their  Names  thtreon,  to  be  ready  in  Cafe  of  Fire  ;  to  ereCl  a  Fire  Company,  under 
fuch  Regulations  as  they  may  think  necelFary  ;  to  prevent  any  Perfons  making  Fires  upon  the  Wharfs,  AmPnforce  them 
in  the  Night  Time  ;  and  every  other  Matter  and  Thing,  for  the  good  Government  and  Safety  of  the  by  Fines, 
faid  Town,  conlillent  with  the  Laws  of  this  Province;  and  to  iiifcrce  fuch  Orders,  by  laying  Fines  on 
all  Perfons  negleding  or  refufing  to  comply  therewith  ;  to  be  recovered  and  applied  in  the  fame  Man- 
ner, and  under  the  lame  Limitations,  as  is  prefcribed  by  the  before-recited  Act.' 

XIL     PROP'IDED  alnxays.  That  if  the  Offender  be  a  Slave,  then  and  in   fuch  Cafe  the  faid     Punlfhent  of 
Slave  Ihall  be  whipped  by  one  of  the  Conllabl.s  of  the  faid  Town,  at  the  Difcretion  of  the  faid  Com-     SUves. 
miffioners,  or  the  Majoiity  of  them,  not  exceeding  Forty  Lafhes,  unlels  the  Mailer  or  Millrefb  of  fuch 
Slave  fhall  pay  the  Fine. 

Xin.     PROVIDED  alfo.  That  it  fhall  and  miy  be  lawful  for  any  Perfon  or  Perfons,  who  fhall     Rigl>t  cf  Appeil. 
think  him  or  themfelves   aggrieved    by   the  Judgment  or  Determination    of  the    (aid   Ccmmiirnners, 
or  the  Majority  of  them,  to  appeal  from  fuch    Judgment  or   Determinatijn  to  the  Jultices  of  the  Infe- 
rior Court  of  Pleas  and    Quarter   SefTions  of  A'^zu   Hanover   County,   liril  giving   Security  to  profecute 
fuch  Apeal ;   which  faid  JulHces  are  hereby  impowered  to  determine  the  fame  in  a  fummary  Way. 

XIV.  AND  be  i! further  EnnQed,  by  the  Authority  aforefaid.  That  whefe  any  Perfion  fhall  be  Perfons  cliarpfd 
profcuted  for  dealin ;  or  trafficking  with  Negroes  in  the  faid  Town,  not  having  Tickets  from  oalmg  wiih  Ne- 
their  Maflers,  Millreffes,  or  Ovcisceis,  (uch  Fcrfon  fhali  anfwir  the  lame  on  Oath,  and  on  Refufal,  ynoith"  *'  "" 
fliall  fland  convidled  ;  any  Law,  to  the  contrary,  notwithltanding. 

XV.  AND  he  it  further  EnaBci,  by  the  Authority  aforefaid.,  That  it  fhall  and  maybe  lawful 
for  the  Commiffioners  of  the  faid  Town  for  the  Time  being,  to  call  all  Perfons  to  account  for  any 
Monies  which  may  be  in  their  Hands  belonging  to  the  faid  Town,  and  to  iffue  V/ar.ants,  under  their 
Hands  and  Seals,  for  all  Arrears  which  may  appear  to  be  jullly  due  from  any  Perfon  whatfoever  in 
the  faid  Town;  under  the  fame  Limitation  as  is  prefcribed  by  the  before- recited  Ad. 

XVI.  AND  be  it  further  EnaJlcd,  by  the  Authority  aforefaid.    That  this  Art  fnall    be  and  continue     Continujnce  o# 
in  force  for  and  during  the  Term   and  Space  of  Two  Years,  from  and  after  the  Firlt  Tuejday  in  Janu-     "'^  ^^' 

ary  next,  and  from  thence  to  the  End  of  the  next  Seffion  of  Affembly,   and  no  longer. 


C;^mmi(!loners  ts 
call  Peifons  f* 
Account  for  Mo- 

mcs     in    their 
HanJs, 


CHAP.     XXI. 


An  A5f  for  erecJing  in  the  1'own  of  Hillfborough  a  Public  Gaol,  and  Gaoler^s  HcufCi 
for  the  Dijlri£f  ^/Hillfborough  in  this  Province. 

I.  \X  7"  H  E  R  E  A  S  the  Gdol  formerly  ereCled  in  the  Town  of  Hillfborough  has  been  lately  burnt, 
V  V     atid  there  being  no  Place  of  fufficient  Strength  to  fecure  the  Felons  and  other  Prifoners,  in 
the  faid  Diilricl  of  Hillfborough  :  F^or  Remedy  whereof. 


Preamble^ 


Commiffioners 
f.  r  huilding    tht 
Gaol. 


tees  to  dcfign,  contradl  for,  and  caufe  to  be  built  and  finilhed,  a  Aibftantial  and  fufficient  Gaol  and 
Gaoleri  Houfe,  of  fuch  Dimenfions  and  Materials,  and  on  fuch  Part  of  the  Public  Lot  in  the  faid 
T(3wn  of  Hillforough,  as  to  them,  or  the  Majority  of  them,  fhall  feem  moll:  proper;  which  Gaol, 
fo  ereded,  fliall  be  and  remain  the  Public  Gaol  of  the  feveral  Counties  now  conllituting  the  Dilhift  of 

Hilljborough. 

in.  AND  be  it  further  EnaBed,  by  the  Authoriiy  aforefaid.  That  there  fhall  be  levisd  on  each 
taxable  Perfon  within  the  feveral  Counties  within  the  faid  Diftrid,  to  ivit.  Orange  County,  One 
Shilling  and  Four  Pence,  Proclamation  Money,  and  Gran'ville,  th'aie,  and  C Ijat ham  Couniici,  One 
Shillinw  like  Money,  annually,  for  the  Term  of  Two  Years  next  after  the  oaffing  of  this  Act  ;  which 
faid  refpedive  Taxes  fhall  by  the  Sheriff  of  each  of  the  faid  Counties  for  the  Time  being  be  colleifted, 
in  the  fame  Mnnncr,  and  under  the  fame  Penalties,  for  non-Payment  thereof,  as  is  directed  by  Law 
for  the  Collection  of  other  Public  Taxes  ;  and  the  Monies  arifing  therefrom  fhall  be  paid  by  the  faid 
Sheriffs  refpectively  to  the  Truftees  in  this  Aft  named,  to  be  by  them,  or  the  Majority  or  Survivors  of 
them,  as  aforefaid,  applied  towards  difcharging  the  Contracts  they  fliall  enter  into  for  the  Buildings 
in  this  Aft  directed. 

IV.  AND  belt  further  EnnSied,  by  the  Authority  aforefaid.  That  if  any  Sheriff  who  flinll  be 
chargeable  with  any  of  the  Taxes  by  this  Aft  affeffed,  fhall  negleft  or  refufe  to  account  for,  and  pay 

B  b  b  b  "  Bnto 


Taxss  laid  fot  it. 


Mf't^Ol^  of  Reco- 
very againft  She- 
liffi  when  neglefi 


S^o 


LAWS     of    North-Carolima. 


A.    D.   1771.    unto  the  Truftees  in  this  Aft  named,  the  whole   Sums  he  fliall  be  chargeable  within  Virtue  of  this 

V,^.,— v^-~__y       Aft,  after  dedufting  the  ui'ual  Commiffions   for  coliefting,  and  fuch  Inlcilvents  as  lliall  be  allowed  by 

to  pay  their  tax-     the   Court  of  liis   County,  the  faid   Truftees,  or  a  Majority   of  the  Survivors  of  them,   ihall  have  the 

*•*  fame  Method  of  proceeding  againlt  fuch  Sheriffs,  by  Motion,  as  is  by  Law  given  aeainil  Sheriffs  for 

not  accounting  for  other  Public  Monies  by   them   received  ;  and  fuch   Proceedings  ihall  be  oood  and 

valid  in  Lawj  in  any  Court  of  Record  within   this  Province  having  Cognizance  thereof. 


Truftfts  tofin-fti  ^•.  ^  N D  be  ii  further  Enaded,  by  the  Authority  aforefaid.  That  the  Truftees  in  this  Aft  named 
the  Ganl  in  two  ^aU  immediately  proceed  to  the  Difcharge  of  the  Trult  repofed  in  them  by  this  Aft,  and  ftiall  caufa 
Years,  and  ac-  the  faid  Buildings  to  be  iinilhed  within  Two  Years  after  the  pafling  of  this  Aft,  at  furtheft  ;  and  on 
count  for  their  the  Expiration  of  that  Term,  they  fhall  lay  an  Accout,  upon  Oath,  of  their  Proceedings  therein, 
eroeedings.  ^^j^j^  ^^  Account  of  all   Monies  they   fliall  receive   by  Virtue  hereof,  and  the  Sums  paid  by  them  oa 

Account  of  the  faid  Buildings,   before  the  Court  of  each  of  the  Counties  herein  named,  for  their  Ap- 
probation, 


Preamble. 


Cofjiminioners 
appointed  for  lay- 
ing  out  the  Road. 


Their  Allow- 


CHAP.     XXil. 

An  A51  for  laying   out  a  Public  Road  from  the  Frontiers  of  this  Province  through  the 
Counties  of  Mecklenburg,  Rowan,  Anion,  and  Cumberland,  to  Campbekon. 

WH  E  R  E  A  S  a  Public  Road  from  the  Frontiers  of  this  Province  through  the  Counties  of  Meck- 
lenburg, Rowan,  Anfon,  and  Cumberland,  to  Campbekon,  would  be  of  great  Utility  and 
Advantage  to  the  Inhabitants  of  the  Wellern  Part  of  this  Province,  and  others,  and  would  tend  much 
to  the  Advancement  of  Trade  and  Commerce  : 

II.  Be  it  therefore  EnaSied  by  the  Go'vcrnor,  Council,  and  Affemlly,  and  by  the  Authority  of  the  fame'. 
That  "John  Polk,  William  Brooks,  John  Dunn,  Michael  Monroe,  James  Blythe,  Archibald  M'Affery,  and 
James  Picket,  be,  and  are  hereby  appointed  Commjffioners,  for  laying  out  and  eftablilhing  the  faid 
Road,  and  they,  or  a  Majority  of  them,  are  hereby  authorized  and  direfted  as  foon  as  conveniently 
may  be  after-  the  palling  of  this  Aft,  to, lay,  mark.  Hake  cuti  or  eilablilh,  or  taufe  to  be  laid, 
maiked,  ftaked  out  or  eflablillied  a  public  Rpad,  hom  Mecklenburg  Court-Houfe,  in  the  Town  of 
Charlotte,  from  Sherrell's  Ford,  en  the  Cata..i:bd  River,  and  from  the  Court-Houfe  in  the  Town  of 
Salrjhury,  refpeftively,  the  neareft  and  beft  Way  to  the  fiid  Town  of  Campbekon  ;  and  the  faid  Com- 
millioners,  or  a  Majority  of  them,  after  having  marked,  flaked,  laid  out,  and  eftabliftied  the  faid 
Road,  Ihall  and  are  hereby  impowered  and  direfted,  to  make  an  accurate  Plan  thereof;  and  the 
fame  to  return,  with  an  Account  of  their  Proceedings,  to  the  next  Inferior  Court  of  Pleas  and  Quar- 
ter Seffions  to  be  thereafter  refpeftively  held  for  the  Counties  aforefaid  ;  and  the  Juftices  of  the  laid 
refpeftive  Courts  are  hereby  diredted  to  receive  the  fame,  and  are  thereupon  authorized  and  nquired 
to  appoint  fo  many  Overfecrs  of  the  faid  Road  within  their  refpeftive  Counties,  as  to  the  faid  Jullices 
fhali,  from  Time  to  Time,  appear  convenient  and  neceffary ;  and  the  faid  Overfeers  and  the  Inha- 
bitants of  the  faid  Counties,  refpeftively,  fliall  open,  clear,  and  work  on  the  fame,  fo  to  be  mark- 
ed, flaked  out,  and  eltablilhed,  as  aforefaid,  under  the  fame  Regulations,  and  Ihall  be  liable 
to  the  fame  Fines  and  Penalties,  prefcribed  and  inflicted  on  Delinquents  by  an  Act  of  Affembly,  in- 
tituled, -'in  Ad  to  imfoiver  the  Inferior  Courts  of  the  fcvcral  Counties  in  this  Province  to  order  the  laying 
cut  of  Public  Roads,  and  fettle  Ferries,  and  to  appoint  ii-here  Bridges  /hall  be  built,  for  the  Ufe  and  Eafe 
of  the  Inhabit  ans  of  this  Province,  and  to  clear  navigable  Rivers  and  Creeks. 

III.  AND  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  the  faid  Commiflioners  fliall  be  ' 
allowed  and  paid  for  their  Trouble  and  Expence  in  marking,  flaking,  and  laying  out  the  faid  Road, 
the  Sum  of  Five  Shillings  each  per  Day,  out  of  the  County  Tax  of  their  fefpective  Counties. 


CHAP.   xxm. 

An  AB  for  appointing  and  impowering  Francis  Mofely,  0/ Anfon  County^  and  James 
M'Coy,  0/ Rowan  County,  to  collect  and  receive  the  Taxes  which  are  due  from  the 
Inhabitants  of  the  faid  Counties  for  the  Tear  One  Ihoufand  Seven  Hundred  and  Seventy, 
EXP. 


SIGNED     by 


JosiAH  Martin,  Efq-,  Governor. 
James  Hafelk  Prefident. 
Richard  Cafwell^  Speaker. 


AN  N(> 


L    A    y/   S      of      N  O  14  T  H  -  C  A  R  O  I.  I  N  A.  5  »  * 


^    ^^   A^.   ^4-   ^^   •§••$•   ♦*"!^    •?-  ^^^  -^J-i^   -^-^   4^4^    4-^>   '^•**    w 
f    -*>-$.    <Js..$.    -j^-i^    ♦$•<>    *$••$-    <>-^    ••»•    "^-^    '^•^    *$-^    •^i^'^    -^'^    •^'v^    J 


V.  Z).     1773 


ANNO      11  E  G  N  I 

G    E    O    R    G    I   I      III. 

REGIS, 

MAGN^    BRITANNliE,    FRANCI.E,    &    HIBERNI7E, 

D  E  C   I  M  O     T  E  R  T  I  O. 

At  an  ASSEMBLY,  began  and  held  at   'Newbern,  tlie  Twenty  Fifth   J  o  5  l_A  H 
Day  of  'January,  in  the  Thirteenth  Year  of  the  Reign  of  our  Sovereign    eV^.^GoI^' 
Lord  GEO  RG  Ethe  Third,   by  the  Grace  of  God,  of  Gn^at-Britaifj,    no?.'      °'"- 
France^  dind  Ire /an  a,   King,   Defender  of  the  Faith,  &c.  and  in  the  Year 
of  our  Lord  One  Thoufand  Seven  Hundred  and  Seventy-Three  :  Being 
the  Firfl  SefTion  of  this  AfTembly, 

C  H  A  P.     L 

j^  ASf  for  dividing  the  Province  into  Six  fever rJ  DiJlrifJs,  and  for  cjlahlifhing  a  Superior 
Court  ofjiiftice  in  each  of  the  f aid  Difiri^s  -,  and  for  ejlabliping  Inferior  Courts  of  Pleas 
and  ^iurter  Sejftcns  in  the  fever al  Counties  in  this  Province.,  and  regulating  the  Pro- 
cetdings  therein. 

\.  TT  THERE  AS   the  eflablifhing  Superior  and  Inferior  Courts  of  Juftice    PrsamVc. 

V V  within  this  Province  will  be  produftive  of  Eafe  and  Convenience  to  the 
Inhabitants  thereof,  and  muft  necefTarily  tend  to  a  due  and  regular  Adminiftration 
of  Juftice  i 

II.  B  E  it  therefore  EnaSied,  hy  the  Governor ^  Council.,  and  JJfemhly.,  and  by  the  An-  sup-ri^r  ccutu 
thority  of  the  fame.,  That  from  and  after  thepafTingof  this  Ad,  this  Province  be,  and  '-"^t-''''''^  J- 
Hand  divided  in  Six  fevera!  Diftrids ;  that  is  to  fay,  The  JVihnington,  JSevjbern, 
Edenton,  Halifax.,  HiVfborough,  and  Saliflmry  Diftrids ;  in  each  ot  which  a  Court 
for  the  Tryal  of  Caufes,  Civil  and  Criminal,  (hall  be  eftablifhed,  by  the  Name  of 
the  Superior  Court  of  Juftice  for  that  Diftrid  in  which  the  fame  fhall  be  held  -, 
which  Courts  fhall  confift  of  the  Chief  Juftice  for  the  Time  being,  and  Two  AlTo- 
ciate  Juftices,  Men  of  Ability,  and  learned  in  the  Law,  whom  the  Gcvernor  or 
Commander  in  Chief  for  the  Time  being  fhall  conftitute  and  appoint,  v/ho  fhall 
have  Cognizance  and  legal  Jurifdidion  of  all  Suits  and  Pleas,  real,  perianal,  and  Their  pov»et. 
mixt ;  and  alfo,  all  Suits  and  Matters  relative  to  Legacies,  filial  Portions,  Eftates 
of  Inteftates,  all  Pleas  of  the  Crown,  of  what  Nature,  Degree,  or  Denomination 
whatfoever,  whether  brought  before  them  by  original  or  mefne  Procefs,  or  by  Writ  of 
Error,  or  Appeal  from  any  Inferior  Court,  or  by  any  other  Means  or  Procels  whar- 
foever;  and  they  are  hereby  declared  to  have  full  Power  and  Authority  to  give  Judg- 
ment therein,  and  to  award  Execution,  and  all  neceflary  Procefs  thereupon  •,  and 
fliall  have,  ufe,  txercife,  and  enjoy,  the  fame  Powers  and  Authorities,  Rights,  Pri- 
vileges, and  Prehcminences,  as  are  had,  ufed,  exercifed  and  enjoyed,  by  the  Chief 
Juftice  or  any  of  his  Majcfty's  Juftices  of  the  Courts  of  IVeftminJlcr  in  Engknd  : 
And  in  Cafe  of  the  Death  or  Abfence  of  the  Chief  Juftice,  or  either  of  the  other 

C  c  c  c  Juftices 


5^2  L     A    W  S       of      No  R  T  H  -  C  A  R  O  L  I  V  A. 


&c. 


j1.  D.  1773.  Jdftices,  it  fhall  and  may  be  lawful  for  one  or  more  of  the  faid  Jutliccs,  by  him- 
On<,  ]»n\Z n^^f  ^*^'^  """  themiclvcs,  to  hold  any  of  the  laid  Courts,  and  to  take  Cognizance 
hold  Court,         ot  all  Matters  in  the  fame  depending,  and  give  Jugmcnt  and  award  Execution,  in 

tlie  lam.e  Manner  as  might  have  been  done  in  Calc  the  Chief  Jultice,  and  the  Two 

otncr  Julbces,  had  been  all  prclent  in  Court. 

Eat-'i'Dc.'i'  ^^^'  ^^^  ^^  it  further  Ena'^d,  hy  the  Authority  aforefaid.  That  the  Chief 
Jufticf,  or  either  of  the  Alfociate  Juftices,  may,  as  well  wuhin  Courts  as  widiour, 
take  the  Probate  or  Acknowledgement  of  Deeds,  or  Letters  of  Attorney,  and  the 
private  Examination  of  Feme  Coverts,  as  hath  heretofore  been  dene  by  the  Chief- 
Juftice  in  the  like  Cafes ;  and  fuch  Alfociate  Juftice  is  hereby  authoiizt-d,  to  take 
and  receive  the  fame  Fees  and  Foquiiites,  as  the  Chief  Juftice  is  intiruicd  to  for 
the  like  Services  -,  which  Proof  fhall  be  deemed  equally  good  and  valid  in  Law, 
as  il  taken  in  any  Court  of  Record  j  any  Law  or  Ulage  to  the  contrary  notwitii- 
ftanding. 

Chief  jumre  ta  JV.  AND  for  the  Safety  of  Suitors,  and  to  prevent  Irregularities  in  mckinty 
up  the  Records  ot  the  Courts;  Be  it  Enatled,  by  the  Authcriiy  ajotefaid.  That  the 
Chiet  Juftice  be,  and  is  hereby  impowerered  to  appoint  exptncnctd  ar.d  dilcieeC 
To  eWe  Bond,  Cicrks  ot  the  Superior  Courts,  who  fhall  each  of  them  give  Bond,  with  g'  od  ar,d  lufti- 
^Kiukethc  cient  Security,  to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succ^  fiors,  in  the  f  e- 
nalty  of  Two  Thoufand  Pounds  Sterling,  lor  the  Safe  keeping  the  R.cords,  and 
faithful  Difcharge  of  his  Duty  in  hi:,  Office  ;  and  alio,  fhall  take  the  Oaths  by  Law 
appointed  for  the  Qualification  of  pubHc  Offices,  repeat  and  fubfcribe  the  lift, 
and  alio  take  an  Oam,  honcftly  and  truly  to  demean  himfelf  in  Office  dunn-  his 
Continuance  therein  ;  and  likcwife  the  followina;  Oath,  to  tvit^ 

A'f3  ihis  Ojth.  T  "^^  ■^-  do  pwear^  that  hy  myfeJf^  or  any  other  Per/on,  I  neither  have,  ncr  uiJl give 
_!_  to  any  Pcrfon  ivhatjoiver,  any  Gratuity,  Gift,  Fee,  or  Reward,  in  Ccn/ideraiion  of 
r.iy  appoint  mcnt  to  the  Office  of  the  Clerk  of  the  Superior  Court  for  th  Lif.nu  of- 

T'>-5r  Boni  may   Which  faid  Bond  (hall  be  lodged  in  the  Secretary's  Office ;  and  in  Cafe  of  a  Breach 
*  "'  •  of  the  Condition  thereof,  may  be  put  in  Suit  for  the  Benefit  oi,  and  at  the  proper 

Coft  and  Charges  of  the  Party  or  Paitics  injured,  and  Ihall  not  become  void  upon 
the  Firft  Recovery,  or  if  Judgment  ffiall  be  given  againft  the  King;  but  n, ay, 
from  Time  to  Ti;ne,  be  put  in  Suit  by  Adion  of  Debt,  or  Scire  Facias,  until  the 
whole  Penalty  Ihall  be  recovered  ;  and  when  any  Judgment  fhall  be  obtained  upon 
fuch  Bond,  the  Damages  afleffed  Ihall  by  Order  of  the  Court,  be  paid  to  the  i'er- 
fon  or  Perfons  injured. 

th=  j.."itcJs%?.  ^-  AND  be  it  further  EnaHed,  by  the  Auteority  aforefaid.  That  on  the  Death 
V  r.i.r  .t,.y  jp.  or  Removal  of  any  of  the  Aflociate  Juftices  ot  the  Superior  Courts,  it  ftiall  aiid 
i...muiKrs.         may  be  lawful   for  the  Governor  or  Commander  in  Chief  for   the  Time   being,  to 

conftitute  and  appoint  another  or  other  Juftices,  qualified  as  aforefaid,  in  the  Room 

of  fuch  Juftice  or  Juftices, 

chjpfj  ftic.  3rd  VI.  AND  he  it  frther  Ena5^ed,  by  the  Authority  aforefaid.  That  the  Chief 
the  oau,k  ot  Gu!  Juftice,  and  the  AfiTociate  Juftices  of  the  Superior  Courts,  belore  ihey  aft  in  any 
of  the  faid  Courts,  fhall  take  the  Oaths  by  Law  appointed  for  the  Qualification 
of  Public  Officers,  aiid  repeat  and  fubfcribe  the  Tvft ;  and  alfo  take  the  following 
Oath,  to  -j;ity 

A.  B.  do  fwear,  that  I ivill  well  and  truly  ferve  our  Sovereign  Lord  the  Kirg  and 
___  his  People,  in  the  (ffice  of  Chief  Jtifice,  cr  .  ffcciate  Jufice  (as  the  Caje  n:cy  be)  of 
the  Stiferior  Courts  of  "jufiice  of  the  Province  t/lSorth-Carolina  ;  and  I  will  r.ct  couniel 
or  afjent  to  any  Thing  that  may  tend  to  the  difinhetiting  the  Kin^ :  I  will  do  equal. 
l.aw  and  Right  to  all  the  Kings  Suljets  Rich  cr.d  Peer,  without  having  Re^^ard  to  any 
Perjcn :  I  will  not,  willingly  cr  wttiingly,  take  ly  wyjeif,  cr  any  other  Perjcn,  any  Lift 


vciiiinaiC. 


And  this  0.\th, 


LAWS       of      N  O  R  T  H  -  C  A  1<  O  JU  I  K  t\. 


5' 


or  Rejjard  wbatfo^ver,  for  any  Mailer  or  "thing  by  7ne  to  be  done  by  Virim  cfy/iy  Off.cc^  ^-  ^-  i773« 
e::cepi  the  Fees  an  J  Salary  by  La-Jo  appointed :  I  -wiU  not  maintain  by  myjelf  or  any  aber^  '<»-—%'-  -j 
■prvv.itely  or  openly^  any  Plea  or  ^.arrei  hanging  in  any  of  the  King's  Ccuris :  I  will  not 
delay  any  Perjon  of  common  Right  for  the  Letter  of  the  King^  or  any  other  Perjcn,  to  me 
dire,  ted,  for  any  Caufe  -,  and  in  Cafe  any  Letters  come  to  me  contrary  to  Law,  1  iviil  do 
yij  thing  for  fucb  Letters,  but  will  proceed  to  do  the  Law,  the  Letters  notwitkftanaing  : 
And  fi-ially  in  all  Things  belonging  to  my  faid  Office,  during  my  Continuance  therein,  I  will 
faithfully,  truly,  and  ji'Jtly,  according  to  the  bejl  of  my  Skill  and  Judgment,  do  equal  and 
impartial  J  I' fiice.  50  HELP  ME  GOD. 

And  if  the  Chief  Juftice,  or  either  of  the  Aflociates  Juftices,  fhall  prefume  to  aft    ''<■".  f"'  »o;ng 

irr  his  OiHcc;  in  any  oi  the  Superior  Courts,  without  taking  the  Oachs  herein  ap-    o^'ij^jy"'"' '^* 

pointed   and   directed,   and   fublcribing  the   Teft,    he  I'hail  torteit  Five  Hundred 

i'ounds.  Proclamation  Mjney  ;  to  be  recovered  by  Adtion  of  Debt,  in   any  of  the 

Superior  Courts  of  Juftice-,  one  Half  to  the  Ufe  of  our  Sovereign  Lord  the  King, 

lor   defraying   \\\-  Charges   of  Government,  and  the  other  Halt  to  the   Pcrlon  or 

Perfons  who  Ihaii  fue  for  the  fame. 

VII.  AN D  be  it  further  Enabled,    by  the  /Authority  aforefaid.  That,  the  Superior    SHrcror   Ccuru 
Courts  of  Juftice  Ihail  be  annually  held  for  the  icvcrai  Diitricts  in  this  Province  at    '*''■" '"^'<'' 
the  following  Times  and  Places,  that  is  to  fay.  For  the  Diftrid  of  Salijbury,  in  the 

Town  of  Salijbury,  for  the  Counties  of  Rowan,  Mecklenburg,  Tryon,  .-w.jon,  Surry, 
and  Guilford,  on  the  r'itth  Day  of  March  and  September.  For  the  Diftnct  of  Hillf- 
boro.igh,  in  the  Town  ot  Hiljhorodgh,  lor  the  Counties  of  Orange,  Grawjille,  Wake, 
and  Chatham,  on  the  Twenty  Second  Day  ol'  March  and  Septemuer.  For  the  Diltridt 
of  LLdlifax,  m  the  Town  of  Hal:jax,  lor  the  Counties  of  Halifax,  Northamptcn, 
Edgcomb,  and  Bute,  on  the  Eighth  Day  of  April  and  O.:.ober.  For  the  D;ltn6t  of 
Edrnton,  in  the  Town  of  Edenton,  lor  the  Counties  of  Chowan,  Perquimans,  Pafquo- 
tank,  Currituck,  Bertie,  Tyrrell,  and  Hertford,  on  the  Twenty  Fiitn  Day  of  April 
and  OJober.  For  the  Diltrid:  of  Newbern,  in  the  Town  of  Newbern,  for  the 
Counties  of  Craven,  Carteret,  Beaufort',  Johnflon,  Hyde,  Bobbs,  and  Pitt,  on  the 
Eleventh  Day  of  May  and  November.  For  the  Dillnit  oi  WJmington,  in  the  Town 
ot  IVilmington,  for  the  Counties  oi  New  Hanover,  Onflow,  Bladen,  Duplin,  Cumber- 
berland,  and  Brunfwick,  on  the  Twenty  Seventh  Day  oi  iVlny  and  November.  And 
each  Term  ih  dl  continue  Ten  natural  Days,  exclufive  of  Sundays,  by  Adjournment 
de  Die  in  Diem,  if  the  Bufi-icfs  Ihall  require  lb  long  a  Time,  otherwiic  may  be 
fooner  deter.r.ined. 

VIII.  PR  OVIDED  always.  That  if  the  Day  by  this  Aft  appointed  for  hold-  Provin,  f„r  -h. 
ing  any  of  the  faid  Courts  fh-ill  fall  on  a  Sunday,  then  luch  Court  Ihall  be  held  the  r^nd^'']'"'^  ""  * 
next  lucceeding  Day  •,    any  Thing  herein  contained,  to  the  co::trary,  notwithftand- 

ing. 

IX.  A  N  D  be  it  further  EnaHcd,  by  the  Authority  oforefaid.  That  all  real  Adions,  Aai'>n«  in  whn 
Ejeilments,  A6tions  of  Trel'pafs,  ^lare  Claufum  Fregit,  Suits  on  Penal  Statutes, 
and  Pieas  of  the  Crown,  fliali  br  commenced  in  the  Superior  Court  of  the  Diftricft 
wherein  the  Caufe  of  Adion  fhall  have  ariten,  or  the  Offence  ihall  have  been  com- 
mitted, and  not  in  any  other  Diltridt;  and  ail  A.'^tions  of  Debt,  other  than  on  Pe- 
nal Statutes,  all  Adims  of  Detinue,  Replevin,  Adlons  of  Account  Render,  Adi- 
ons  of  Trefpafs,  Affault  and  Battery,  and  for  the  unlawful  taking  of  Goods,  all 
Adions  upon  the  Cale,  and  Suits  for  Legacies,  or  for  the  diftributive  Shares  of  In- 
celtates  Ellate-,  when  the  PlaintitF  and  Defendant  (liall  refide  in  the  lame  Diitrid, 
fiiall  be  brought  to  the  Court  of  that  Diitrid  where  both  Parlies  fliall  refide-,  and 
when  the  Plaintiff  and  Defendant  fhall  relide  in  different  Diftriils,  Ihall  be  brought 
to  the  Diil:i"id  in  which  fuch  Plaintiff  fhall  refide;  and  where  the  Plaintiff  (hall  re- 
fide in  another  Province,  fhall  be  brought  to  the  Diftrid  where  the  Deiendant  fliall 
refide  in  thia  Province  -,  and  where  any  Action  or  Suit  fiiall  be  brought  to  the  Court 
of  any  other  Diftrid  than  as  herein  direded,  fuch  Adion  or  Suit  may  be  abated  by 
the  Plea  of  the  Defendant.  X.  A  N  D 


Ullru-i!!     tu      be 

llcU!,l'i. 


5H 


L    A    i'V    a      if       N  O  R  T  H-C  A  R  O  L  I  N  A. 


A.  D. 


'773- 


Of  whit  Value 
Suits  may  be 
cnmmeoced  m  the 
Superior   Couitsi 


CoijrH   not    dif. 

<"i.tinu-,1  by 

Dcj^ho  Jullices, 


Protff«-  f>  bear 
TL-i>ofthe  Chief 
JuMhc,  and  fign- 
e<i  by  the  Ccik.. 


Till      th!      fiift 
T  rm,   Writs 
in  IV      b  ar     Ttft 
tiiimcd  lately. 


PrACpfs  when  re- 

turnible. 


X.  d  N  D  h  it  further  Ena5fed^  by  th  Authority  aforefaid^  That  no  Suit  fhall 
be  originally  commenced  or  profecuted  in  any  of  the  laid  Superior  Courts  lor  any 
Debt  or  Demand  of  lefs  Value  than  Fifty  Pounds,  Proclamation  Money,  where 
the  Plaintiff  and  Defendant  fhall  live  in  the  fame  Diftridf,  or  lefs  than  Twenty  Five 
Pounds  like  Money,  were  the  Plaintiff  and  Defendant  fhall  not  live  in  the  iame 
Diftrift  ;  and  if  any  Suit  fliall  be  commenced  in  any  of  the  laid  Superior  Courts, 
contrary  to  the  true  Intent  and  Meaning  hereof,  or  if  any  Plaintiff  Ihall  demand  a 
greater  Sum  on  Purpofe  to  evade  this  Ad,  in  either  Cafe  the  Plaintiff  Ihali  be 
INon-fuited,  ^nd  pay  Cofts. 

XI.  4N I^  be  it  further  EnaHed,  hy  the  Authority  aforefaid.  That  the  faid  Courts 
fhall  qot  be  difcontinued,  or  any  of  the  Proceedings  iherem  deptn;  ing,  by  Reafon 
of  the  Death  of  the  Chief  Juflice  or  any  of  the  Afloci<ites,  or  any  Let  or  Hinderance 
of  their  not  attending  at  any  Term  j  but  in  fuch  Cafe,  all  Pleas,  Cau:cs,  Matters, 
and  Things,  therein  depending,  fhall  ftand  continued  in  the  lame  Condition  in 
v^hich  they  then  (hall  be,  to  the  next  fucceeding  Term. 

XII.  AND  he  it  further  EnaSled^  hy  the  Authority  aforefaid^  That  all  Writs,  as 
well  original  Writs  as  others,  and  e;ery  Summons,  and  other  legal  Piocels,  ftiall 
bear  Tell:  of  the  Chief  Juftice,    and   be  figned  by  the  Ckrk  of  the  C  ourt  from 
whence  the  fame  fnall  iffue,    and  be  made  returnable  to  the  fame  Court;    and  the. 
Sheriff  fhall  return  fuch  Writ  or  Procefs  accordingly. 

XIII.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  until  the 
Commencement  of  the  firft  Term  of  each  ot  the  laid  Superior  Courts,  Writs,  and 
other  Procefs,  may  bear  Teft  at  the  Time  of  iffuing  the  fame,  and  luch  Writs  ar.d 
Procefs  lb  tclled  before  fuch  Term  fhall  be  valid  in  Law ;  any  Ufage  or  Practice  of 
Court,  to  the  contrary,  notwithftanding. 

..  XIV.  AND  he  it  further  Ena!^ed,  hy  the  Authority  aforefaid.  That  all  fuch 
Writs  or  Procefs,  except  Subpoenas  for  Witneffes  returnable  immediately,  fhall  be 
returned  to  the  Firft  Day  of  the  Term  to  which  the  fame  is  returnable,  and  be  ex- 
ecuted at  leaft  Ten  f Jays  before  the  beginning  of  fuch  Term ;  and  if  any  original  or 
mefne  Procefs  fliall  be  taken  out  in  Term  Time,  or  within  Ten  Days  before  the 
beginning  of  any  Term,  fuch  Procefs  fhall  be  made  returnable  to  the  Term  next 
fucceeding,  or  the  Term  fucceeding  that  which  fhall  commence  within  Ten  Days 
after  taking  out  fuch  Procefs,  and  not  otherwife  -,  and  all  Procefs  made  returnable 
or  executed  at  any  o^her  Time,  or  in  Uny  other  Manner,  than  by  this  Adt  direded, 
ikall  be  void. 


Prnvilo    for    ci 
minal   frocefs. 


t'^rocpedincl 
theiein  accnrdirg 
ti    the    Law's   ot 
England. 

Sher-fT';  Diitv. 
\wh=n  Procefs  if- 
'fuc«  to  him. 


XV.  PROFI D ED  neverthelefs.  That  nothing  herein  contained  fhp.ll  be  con- 
ftrued  to  invalidate  or  vacate  any  Procefs,  Warrant,  or  Precept,  iffutd  by  the  Chief 
Jullice,  or  any  of  the  Affociate  Juftices  of  the  faid  Courts,  or  any  Juftice  of  the 
Peace,  or  Clerk  of  the  Crown,  on  any  criminal  Profecution  in  his  Majefty's  Bchalfj 
but  that  the  fame  may  be  returnable  at  any  Day  in  the  Term  to  which  the  fame  ig 
returnable;  and  the  Proceedings  in  criminal  Suits  and  Profecutions,  fliall  be  had 
according  to  the  Laws  and  Statutes  oi  Great  Eritairij,  and  of  this  Province;  any 
Thing  herein  contained,  to  the  contrary,  notwithftanding. 

XVI.  jfND  he  it  further  EnaEied,  hy  the  Authority  aforefaid.  That  when  any 
Writ  fhall  iffue  from  any  of  the  faid  Courts,  whereby  the  Shtriff  fiiail  be  command- 
ed to  take  the  Body  of  any  Ferfon  or  Perfons,  to  anfwer  in  any  A6lion  in  any  of 
the  faid  Courts,  fuch  Sheriff  fhall  take  Bond,  with  Two  fufHcient  Securities,  lor 
double  the  Sum  for  which  fuch  Perfon  or  Perfons  fhall  be  held  in  Arreft,  except 
where  the  Defendants  are  Executors  or  Adminiftrators,  or  fued  on  Penal  Statutes, 
and  fnall  return  fuch  Bond  with  the  Writ ;  and  in  Cafe  the  Sheriff  fhall  fail  or 
negled  to  take*fuch  Bail,  or  the  Bail  returned  be  held  infufhcient,  on  Exception 
taken,  and  Entry  thereof  made  on  the  Docket  of  the  Court  the  Term  to  whici'i  fuch 

procefs 


L    A   H''   S      of     N  O  K  T  H  -  C  A  R  O  I.  I  ^d  A. 


s^s 


BjJj  in  Cul- 


Proccfs  (hall  be  returnable,  the  Sheriff,  in  either  of  tiie  faid  Cafes,  fhall  be  deemed    'C  D. 
and  lland  as  fpecial  Bail,  and  the  x-^UintifT  may  proceed  to  Judgment,  according  to 
the  Rules  herein  alter  mentionird. 

XVir.     AND  be  it  further  Ena^fed^  hy  the  Authority  aforcf aid ^  That  v/hcn  any 
SneriiY  Uiall  return  that  he  hath  taken  the  Body  of  any  Deiendant,  and  committed    wh  r^Te^r^M^r 
him  to  the  Prifon  of  his  County,  which  is  hereny  declared  to  be  the  proper  Frifon    "^<-  J''-  =~'' 
for  fuch  Commitment,  for  Want  of  B.iil,  the  Plaintiff  may  enter  the  Defendant's    '^^' 
Appearance,  and  he  fhall  be  at  Liberty  to  plead,  as  if  fuch  Appearance  had  been 
entered  by  himlelf,  and  the  Phii.uiffmay  proceed  to  Judgment  as  in  other  Cafes  in 
this  Ad  directed  j    neverthelcfs,  the  Defendant  Hiall  nor  be  difcharged  out  of  Cuf- 
tody,  but  by  putting  in  Bail,  or  Rule  ot  Court. 

•  XVIII.     AND  be  it  further  En.z!^ed,    by  the  Authority  afore/aid.    That  all  Bail    ah 
taken  according  to  the  Directions  of  this  Act,  fliall  be  deemed,  held,  and  taken  to   ''^■=. 
be  fpecial  Bail,  and  as  fuch  liable  to  the  IvLCovcry  of  tlic  Plaintiff,  but  the  Plain-    ,j*J 
tiff,  after  final  Judgment,  fhall  not  take  out  Execution  againft  fuch  Bail,  until  an 
Execution  be  firft  returned  that  the  Defendant  is  not  to  beTound,  and  alio  fliall  take 
out  a  Scire  facias,  returnable  to  the  laid  Court,  which  fhall  be  made  known  to  the 
Bail ;  and  that  after  the  Return  of  fiich  Execution  againfi:  the  Principal,  and  Scire 
Facias  againit  the  Bail,  Execution  may  iffue  againft  the  Principal  and  Securities,  or 
either  ot  them,  or  either  of  their  Eflates,  unlels  the  Bail  fhall  furrender  the  Principal 
at  or  betore  tiie  Return  of  the  firll  Scire  Facias ;    any  Law,"  Ufage,  or  Cuftom,  tQ 
the  contrary,  notwichilanding. 

XIX.     AND  be  it  further  EnaFfeJ,  by  the  Authority  aforefaid.  That  when  any    sdreF. 
Scire  Facias^  iffued  according  to  the  Directions  of  this  Adt,  Ihall  be  by  the  proper    '"'"*"' 


n.il    t?.tr*n 

i^l,  and  when 
ic  to  Recuve- 


OrHcer  returned  made  known,  the  Bail  lliall  plead,  and  the  Matter  be 'tried 'at  the   uied  "fh/" «.« 
firft  Term  to  which  luch  Procefs  fliall  be  returned,  unlefs  the  Bail  ihall  Ihew  fuffi-    '^'"'"• 
cient  Caufe  to  the  Court  to  delay  the  fame. 


XX.  PROVIDED  neverthelcfs.  That  if  any  Sheriff  fhall  return  on  a  Scire 
Facias  to  him  direfted,  that  the  f^rincipal  is  imprifoned  in  the  Prifon  of  his  County, 
or  any  other,  by  Virtue  of  any  Procefs  in  any  civil  Aftion,  the  Court  to  which  fuch 
Scire  Facias  is  returnable  fhall,  on  Motion  of  the  Plaintiff  or  Bail,  order  and  direft 
that  'uch  Principal  be  retained  in  Gaol  where  he  or  fhe  Ihall  be  a  Prifoner,  until  he 
or  fhe  fhall  have  paid  the  Plaintifi's  Judgment  and  Cofts,  or  otherwife  difchargcd  by 
due  Courfe  of  Law  ;  a  Copy  of  which  Order  being  fcrved  on  the  Gaoler  of  fuch 
Prifon,  before  fuch  Prifoner's  Releafcment,  ihall  be  a  fufficient  Authority  for  him 
to  retain  fuch  Prifoner  until  fqch  Order  be  complied  with,  and  alfo  fliall  be  deemed 
a  Surrender  of  fuch  Principal,  and  as  luch  difcharge  the  Bail, 

XXI.  AND  for  the  better  afcertaining  what  Procefs  fhall  iffue,  when  the  She- 
riff ih.'ll  return  that  the  Defendant  is  not  be  found  within  his  Bailiwick  ;  Be  it 
Ena'fted,  by  the  Authority  aforefaid.  That  w!:en  the  Sheriff  fliall  make  fuch  Return 
in  any  civil  Action,  the  Plaintiff  or  Plaintiff;,  at  his  or  their  Eledion,  may  fue  out 
an  Attachment  againft  the  Eftate  of  fuch  Defendant,    or  ah  ^lias  or  Pluries  Capias, 

-until  he  be  arrefted,  returnable  as  herein  before  mentioned  for  the  Return  of  origi- 
nal Procefs:  And  if  the  Sheriff  fliall  return  any  Goods  by  him  attached,  and  tTie 
Defendant  fliall  fail  to  plead  within  the  Time  herein  direded,  the  PlaintifF  fliall  be 
intitled,  if  in  an  Aftion  of  Debt,  to  final  Judgment,  and  if  in  an  A6tion  on  the 
Cafe,  to  a  Judgment  by  Default,  and  a  VvVit  of  Enquiry  of  Damages  to  be  executed 
at  the  next  Court,  and  the  Goods  fo  attached,  if  not  replevied  orlbld  according  to 
the  Diretlions  herein  after  mentioned,  for  Goods  attached  on  original  Attachments, 
fliall  remain  in  the  Cultody  of  the  Sheriff  until  fuch  Judgment  obtained,  and  then 
to  be  difpofed  of  in  the  fame  Manner  as  Goods  taken  in  Execution  on  a  Writ  of 
Fieri  Facias;  and  if  the  Judgment  fliall  not  be  fatiified  by  the  Goods  attached,  the 
Plainti^:^  may  have  Execution  for  the  Refidue. 

D  ci  d  d  XXn.  AND 


Prov;fl>,      where 
ihe    r'rinc-pjl    |3 
in     C.^^\,       and 
t  ri  c  tj  ns 
then  upon. 


Proceedings 
whero  the  Sh-tjff 
r  tuiiivth-  f'i;in- 
tit!    n-[     to     be 


5i6 


LAWS      of     No  R  T  H  -  C  A  R  O  L  I  ?T  A. 


A.    D.  1773- 

Judgment  final 
th-  firil  C.utr, 
E  qiiirv    may   be 

CX-lllterH        3'        tf) 

the  ViMt  cf  th; 
Currency. 

Where  AttirH- 
mtrt  may    be   il- 


And   t'roeeedinss 
thereon. 


Ri'n:l  ?o  be  given 
before  Aitach- 
insnt  "ranted. 


Att?chment  may 
Hfuf  agiinrt  the 
Eilites  of  PcrlV  05 
ill  nthr  Govern- 
m.nts. 


J'r'^rr-rt^ng'i 
Attirliments. 


XXII.  AND  be  it  further  Enafjed^  by  the  Authority  aforefaid.  That  in  Cafe  any 
Plainiiif  fhall  obtain  Judgment  final  in  an  Aftion  of  Debt  at  the  fiift  Court  to  which 
the  Writ  or  Procefs  is  returnable,  that  it  fhall  be  lawiul  tor  hmi  to  execute  his  En- 
quiry as  to  the  Value  of  the  Currency  or  Money  upon  which  !uch  Judgment  is 
tounded,  at  the  Term  in  which  fucli  Judgment  Ihall  be  entered  or  obtained. 

XXIII.  AND  be  It  further  EnaEfed^  by  the  Aiithorily  aforefaid.  That  it  Ihall  be 
lawful  for  the  Chief  Juftice,  or  the  Juftices  of  the  iaid  Superior  Courts,  or  any  Jus- 
tice of  the  interior  Courts,  upon  Complaint  made  by  any  Perfon,  his  Attorney  or 
Ap-ent,  on  Cth,  that  his  Debior  has  removed,  or  is  removing  himfclf  out  ot  the 
County  privately,  or  ab  conds  or  conceals  himfelf  fo  that  the  ordinary  Procefs  of 
Law  cannot  be  fcrved  upon  him,  and  alio  further  fwear  to  the  Amount  of  his  or 
her  Debt,  to  the  beft  ol  his  or  her  Knowledge,  fhall  thereupon  grant  an  Attach- 
ment againft  the  Eftate  of  fuch  Debtor,  wherever  the  fame  may  be  Jcund,  or  in  the 
Hands  of  any  Ferfon  or  Perfons  indebted  to,  or  having  any  cf  the  Effcds  of  the 
Party  abfconding,  or  fo  much  thereof  as  fhall  be  ofValue  lulhcicnt  to  fatisfy  the 
Debt  and  Colt  of  fuch  Complaint ;  wluca  Attachment  fliail  be  returred  to  the  Court 
where  the  Debt  or  Matur  is  cognizable;  ana  fuch  Attr.chment  fhali  be  deemed  the 
leading  Procefs  on  luch  Aftion,  and  the  lame  1  roceedings  ihall  be  h.,a  thereon  as  on 
an  Attachment  on  a  Return  of  Nen  ejl  Inventus  by  the  Shenfi"". 

XXIV.  PROVIDED  ah:cys^  That  every  fuch  Juflice,  before  grnniing  fuch 
Attachment,  (hall  take  Bond  and  Security  of  the  Party  lor  v/hom  the  fame  fhall  be 
ilTued,  in  double  the  Sum  to  be  attached  for,  payable  to  the  Defendant,  for  lati-siy- 
\v\o  and  paying  all  Cofts  which  fliall  be  awarded  10  the  iaid  Delendant,  in  Cafe  the 
Plaintifif  iuing  out  fuch  Attachment  thculd  be  c^-ft  in  h.s  Suit,  and  alio  all  Damages 
which  fhall  be  recovered  againft  the  laid  Plaintiff  in  any  Suit  or  Suits  which  may  be 
brought  againft  him  for  fuing  out  the  faid  Attachment,  and  for  all  Damages  wrong- 
fully fuffered  by  the  Perfon  againft  whom  iuch  Attachm;ent  was  prayed,  by  Realon 
of  the  Plaintiff's  wrongfully  fuing  out  the  fame;  which  Bond  ftia!l  be  returned  to 
the  Court  to  which  the  Attachment  is  returnable^,  by  the  Juftice  who  fnall  grant  the 
fiime ;  and  every  Attachment  ilTuing  without  iuch  Bond  taken,  and  returned  as 
aforeiaid,  and  Oath  made  as  afore-mentioned,  is  hereby  declared  voifl,  and  fhall  be 
abated,  on  the  Plea  of  the  Defendant. 

XXV.  AND  be  it  further  Enaflcd^  That  when  any  Perfon,  Inhabitant  of  any 
other  Government,  fhall  be  indebted  to,  or  hath  done  any  Tort  or  Injury  to  any 
Pevfon,  a  Refident  of  this  Province,  and  cannot  perfonally  be  Jervcd  with  Procefs, 
and  hath  EfTecls  in  this  Government,  any  of  the  faid  Juftices  may  grant  an  Attach- 
ment againft  the  Eftate  of  fuch  Perfon  indebted,  or  who  hath  done  any  Tort  and  In- 
jury as  aforefaid,  undef  the  Rules,  Reftri6ticns,  and  Regulations  afore- mentioned, 
and  the  fame  Proceedings  may  be  had  thereon. 

XXVI.  AND  be  it  further  Ena5icd,  by  the  Authority  ofcrejaid^  That  when  any 
Goods,  or  other  Eftate,  fliall  be  attached  by  Virtue  ot  an  Attachment,  whether  jvi- 
dicial  or  original,  it  fhall  and  may  be  lawful  for  iuch  Perlcn  or  Perlons,  his,  her, 
or  their  Attorney,  to  replevy  the  famie,  by  giving  Bond,  with  good  Security,  to 
the  Sheriff,  or  other  Cfhcer  ferving  the  faid  Attachment  (which  Bond  the  Sheriff 
or  other  Ofhccr  is  hereby  impowered  and  required  to  take)  to  appear  at  the  Court 
to  which  iuch  Attachment  is  returnable,  and  to  abide  by,  perform,  and  fatisfy  the 
Order  and  Judgment  of  ft:ch  Court ;  and  when  the  Eftate  atiaclud  fhall  by  Three 
Juftices  of  the  Inferior  Court  cf  the  faid  County,  to  i:e  fumm.cred  by  the  Sheriff 
for  that  Purpofe,  be  certified,  on  Oath,  to  be  perifliable,  if  the  Peifon  or  Ptrfons 
to  whom  it  belongs  fhall  not,  within  Sixty  Days  after  the  fervir.g  fuch  Attachment, 
replevy  the  fame,  then  fuch  Eftate  fhall  be  Icld  at  Public  Vendue,  by  the  Sheriff 
or  other  Ofiicer  ferving  fuch  Attrchment,  having  firft  advertifed  fuch  Sale  at  the 
Court-Houfe,  and  other  Public  Places  in  his  County,  at  leaft  Ten  Days  befcre  the 
Sale  J  and  the  Money  ariftng  by  fuch  Sale  fhall  be  liable  to  the  Judgment  obtained 

upon 


L    A    V/   S       5/      N  O  R  T  K  -  C  A  R  O  L  I  M  A,  ^Xj 


upon  fuch  Artachment,  or  to  be  depoficed  in  the  Hands  of  the  Clerk  of  the  faid 
Court  to  which  tuch  ir^rocels  is  letuniiibic,  then  to  wait  tnc  Event  ol"  the  Judgment 
upon  fuch  Attachment-,  and  wnere  the  ^iitritf,  or  other  Ofhccr,  fliall  kr/c  an  At- 
tachment in  the  Hands  of  any  Pcribn  or  ;ef ions  indebted  to,  or  having  any  of  tiie 
Ei-f;.'its  of  the  Party  ab;conding,  he  ihall  at  the  lame  1  ime  (ammons  fuch  Garninite 
or  Girnilhees  to  appear  at  the  Court  to  vvnich  the  A[t..chnicnt  is  returnable,  within 
the  lirit  Four  Days  iherv.of,  thcr^  to  antwcr,.  upon  Oath,  what  he  or  fl:e  is  indebted 
t.)  luch  Party,  and  what  Effcds  of  luch  l:'arcy  he  or  ihe  ii.uth  in  his  or  her  Hands, 
and  had  at  the  Time  of  Icrvir.g  fuch  Actachmc'nt ;  and  where  any  Attachment  (hall 
be  returned  lerved  in  tne  Hands  of  any  Garniince,  in  Manner  atorefai  ',  it  ftiall  be 
lawful,  upon  hir.  or  her  Appearance  and  Examination,  and  in  Manner  afore-menti- 
oned, to  eater  up  Judgment,  and  a^vard  Execution  againit  every  luch  Garnifhee  or 
Garniihees,  for  all  Sums  of  Money  due  from  him,  her,  or  them,  to  the  Pcrlon  ab- 
fcondi,ig,  m  his,  her,  or  their  Luiiody  or  PoiiclTion,  for  the  Ufc  ot  ihe  Party  ob- 
taining fuch  AttuCh  r.enr,  or  ,0  much  thereof  as  Ihail  be  ot  Value  iulHcient  to  iai::s;'y 
the  faid  Debt,  and  Cotb  of  Complaint ;  and  ail  Goods  and  EfTocts  whatfoever  in 
the  Hands  of  any  Garnilhec  or  Gdnulhees,  belonging  to  luch  abicondirg  Perlon^ 
ihall  be  liable  to  latisiy  fuch  Judgment-,  and  where  any  Garniflire  fhall  be  returned 
by  the  Sheriff  or  other  Officer,  i'ummoned  in  Manner  aforeiaid,  and  fhall  fail  to 
appear  an  1  cliicover,  on  Oath,  in  Manner  by  this  Att  directed,  it  fhall  be  lawful, 
and  the  Court  is  hereby  au::hori2ctt  to  enter  a  conditiunai  Judgment  againft  luch 
Garmihee,  and  upon  filch  judgment  fo  entered  fl-sall  iffue  a  ^^V^  Pncias  a-i^uA  the 
laid  Girniih::;e,  to  ihew  Caule,  if  any  he  hath,  at  the  next  Superior  Court,  why 
Judgnent  final  ih  )ul  1  nnt  be  entered  againfl  him  ',  and  upon  fuch  Scire  Facias  bting 
duly  executed  and  made  known,  fuch  Garniniec  fhall  fail  to  appear  at  the  next 
Cjurt,  and  difcover,  onO»th,  in  Manner  aforefaid,  the  Court  fhall,  and  are  hereby 
required,  to  cOnfirni  fuch  Ju'igment,  and  aWard  Execution  for  the  PlaintiiT's  whole 
Debt  or  Damages,  and  CoiU. 

XXVII.  AND  where^J.s  divers  Perfons,  poffefTed  of  Lands,  Tenements,  and  f;!;;|^[",7J  !^,]| 
H^rediraments,  wicifm  this  f-'rovince,  have  contrafted,  or  v/ho  may  contraft  Deb:s  tt-'L.i.<isoi  i-c'r. 
with  Merchants  and  others,  or  have  cominittcd,  or  may  commit  Torts  or  Injuries  ,..'„Vr«^''  Ina 
to  Perfons  therein,  and  refide  out  of  the  Province,  without  having  perfonal  Efhate  i-r  ^  .dine'stLciei 
within  the  fame  to  fatisfy  fuch  Debts  or  Damages :  For  Remedy  whereof.  Be  it  ""* 
Enailed,  by  the  Authority  aforefaid^  That  the  Party  Plaintiff',  his  Attorney,  Agent, 

or  Faflor,  fliall  fue  out  a  judicial  Attachment  from  the  Court  to  which  fuch  origi- 
nal A-tachjT^nt  was  returnable;  and  the  SherilT,  or  oth'^r  proper  Ofhcer,  fliall 
ferve  fuch  Attachment  upon  the  Lands  and  Tenements,  and  Hereditaments  of  fuch 
Debtor,  and  fhall  at  the  Court-Houfe  and  Church,  or  Chapel,  of  the  County, 
^hercfuch  Lands,  Tenements,  and  Hereditaments  lie.  Twenty  Days  at  leaft  before 
the  returning  luch  lafl  mentioned  Attachment,  give  Notice  in  Writing,  as  follows, 
to  wit, 

*  On  the  Bay  of  A.  D.  17         I  attached 

*  Lands,  the  Property  of  at  the  Suit  of  upon  a  Prccefs  returnahls 

'  to  Court. 

And  upon  fuch  Notice  given,  and  Proof  thereof  made,  the  Court  fl-iall  grant  ai 
Judgment  by  Default.  fi.i 

XXVIII.  PROVIDED  always.    That  it  fhall  be  lawful  for    any  Perfon,    E^^te   «rle^u. 
againft  whole  Eftate  any  Attachment  has  iffued  as  aforefaid,  at  any  Time  before    '"• 

fuch  final  Judgment  entercLJ,  or  Writ  of  Enquiry  executed,  upon  giving  fpecial 
Bail,  to  replevy  the  Goods  attached,  and  plead  to  ifl'ue,  fo  that  the  Plaintiff  is  not 
thereby  delayed  of  his  Trial. 

XXIX.  A  N  D  for  Prevention  of  Errors  in  ifTuing  Attachments,    and  taking 
Bonds  thereupon ;    Be  it  EnaEied^  by  the  Authority  aforefaid.    That  the  following 

Form 


^i8  L  A  IV  S     cf     North-Carolina. 

^.  D.  1773.    Form  Ihall  be  obferved  and  ufed,  that  is  to  fay,    the  Attachment  as  followeth, 

North-Carolina^  County,  IT. 

GEORGE  the  Third,  by  the  Grace  of  God,  o^ Great-Britain,  France,  and 
Ireland,  King,  Defender  of  the  Faith,  Uc.  To  the  Sheriff  of  County, 

Greeting:  WHERE  AS  //.  5.  or  7.  G.  Attorney,  Agenr,  or  Fador  (as  the  Cafe 
may  be)  hath  complained  on  Oath  to  Juftice  of  the  Court, 

thJt  E.  F.  late  of  your  County,  is  juftly  indebted  to  him  the  Sum  of 

or  hath  indamaged  him  to  the  Amount  ot  and  Oath  having 

been  alfo  made  that  the  faid  E.  F.  hath  removed  himfelf  privately  out  of  your  faid 
County,  or  fo  abfconds  or  conceals  himfelf  that  the  ordinary  Procefs  of  Law  cannot 
be  ferved  on  him  j  and  hath  given  Bond  and  Security,  according  to  the  Direftions 
of  the  A61  of  AfiTembly  in  fuch  Cafe  made  and  provided  :  We  therefore  command 
you  that  you  attach  the  Efhate  of  the  faid  E.  F.  if  to  be  found  in  your  Bailiwick, 
or  fo  much  thereof  repleviable  on  Security  given,  as  fhall  be  of  Value  lufficient  to 
fatisfy  the  laid  Debt  or  Damages,  and  Colls,  according  to  the  Complaint  \  and  fuch 
Eftate  fo  attached  in  your  Flands  to  fecure,  or  fo  to  provide  that  the  fame  may  be 
liable  to  further  Proceedings  thereupon,  to  be  had  at  our  next  Court  to  be  held  for 

of  at  on  the  Day  of 

next,  fo  as  to  compel  the  faid  E.  F.  to  appear  and  anfwer  the  above  Complaint  of 
the  faid  A.  B.  when  and  where  you  ftiall  make  known  to  our  faid  Court  how  you 
fhall  have  executed  this  Writ.     Witnels  ^  Efquire,  Jullice  of  our  faid 

Court,  at  tiie  Day  of  in  the 

Year  of  our  Reign. 

Which  Attachment  fhall  be  figned  by  the  Juftice  who  fliall  grant  the  fame ;  and 
the  Bond  to  be  given,  on  obtaining  fuch  Attachment,  (hall  be  in  the  following 
P'orm,  to  ivit. 


F'lrm      of      the 
Bond. 


KNOW  all  Men,  by  thefe  Prefcnts,  1'kat  we,  A.  B,  C.  D.  and  J.  K.  all  of  the 
County  of  are  held  and  firmly  bound  unto  E.  F.  in  the  Sum  of 

(double  the  Sum  in  the  Attachment)  to  be  faid  to  the  faid  E.  F.  his  Executors,  Mmim- 
Jlrators,  or  Affi:ns :  I'o  which  Paymer.t  well  and  truly  to  be  ?j?ade,  we  bind  ourfelves, 
apdeach  of  us,  our  Heirs,  Executors,  and  Adminiftrators,  jointly  and  fever  ally,  firmly  by 
thefe  Prefents.     Sealed  with  our  Seals,  and  dated  this  Fay  of 

in  the  7'ear  of  our  Lord 

The  ccnJition.     rw\  H  E  Condition  of  the  above  Obligation   is  fuch.    That  whereas  the  above 
_!_      bounden  A.  B.  hath,  the  Day  of  the  Date  of  thefe  Prefents,  prayed  an  At- 
tachment againft  the  Eftate  of  the  above  named  E.  p.  for  the  Sum  of 
and  hath  obtained  the  fame,  returnable  to  the  next  Court,  to  be  held 

at  on  the  Day  of  next:    Now  if  the  faid  /^.  5.  fhal} 

profccute  his  faid  Suit  with  Effeft,  or  in  Cafe  he  be  caft  therein,  fliall  well  and 
truly  pay  and  fatisfy  to  the  faid  E.  F,  all  fuch  Cofts  and  Damages  as  fhall  be  award- 
ed and  recovered  againft  the  faid  //.  B.  by  the  faid  E.  F.  in  any  Suit  or  Suits  which 
may  be  hereafter  brought  by  the  iaid  E.  F.  againft  the  faid  A.  5.  for  wrongfully 
ftting  out  the  faid  Attachment ;  then  the  above  Obligation  to  be  void,  otherwife  to 
remain  in  full  Force  and  Virtue. 

N.  Attachment       XXX.     P RO V I D E D  mvertheLfs,  That  no  Attachment  ftiall  be  abated  for 
Wait  tiT.'.^'.^  Want  of  Form,  fo  that  the  eflential  Matters  exprefltd  in  the  foregoing  Form  be  fer 
forth  in  fuch  Attachment. 

In  Attachments  XXXI.  AND  bc  it  further  Enabled,  That  in  all  Cafes  of  original  or  judicial  At- 
EuX^e^SuU  in  tachments  againft  Perfons  refiding  in  Europe,  the  Court  to  which  "the  fame  is  brought 
be  ontinu-d  ^z.  fhall  continue  the  Suit  Twelve  Months ;  and  if  the  Defendant  put  in  Bail,  appear, 
Snt'irjiSd'  and  plead  within  that  Time,  that  in  fuch  Caie  his  Eftate  may  be  liberated,  and  the 
Garnifliee  difcharged.  XXXII.  AND 


L  A  fVS    of    Noktu-CaroIsIha*  51Q 


XXXIII.  AN D  he  ii  further  Ena5Ied^  by  the  Authority  aforefaid^  Thac  the  fol-  '?.  Z?.  1773- 
lowing  Rules  and  Methods  lliaii  bir  oblerved  in  the  laid  Sup:;rior  Courts,  to  li-it^  '— — v-^'— • 
That  the  Plaintiff  Ihall  file  his  Declaration  in  the  Clerk's  Oifice  on  or  bclcic  the  Kuiesofaurt, 
Second  Day  of  the  Term  to  which  his  Suit  i.  brought,  and  I'erve  the  Dcienuant  with  ' 
a  Copy  at  kail:  Five  Days  before  the  Commencement  of  fuch  Term,  ot»ici  wi!e  the 
Adion  may  be  abated  on  the  Plea  of  the  Defendant,  That  the  Dcicndaat  ifaali 
appear  and  pkad,  or  demur,  within  the  firil  Three  Days  of  the  lerm  to  whicn  the 
Vvrit  is  returnable,  otherwife  the  Plaintiff  may  have  Judgment  by  Dci^uii,  \x\. 
which  Cafe  Judgment  fhall  be  final,  unlefs  where  Damages  are  luggeited  on  Uie 
Roil  ;  and  in  that  Cafe,  and  It  all  others,  except  as  heretoiore  provided,  where  the 
Recovery  fhall  be  in  Damages,  a  Writ  of  Enquiry  fhall  be  executed  at  the  next 
Term  ;  -provided^  that  where  the  Nature  of  the  Action  rtquires  Ipeciai  Pieaciing,  the 
Time  for  Pleadmgs  may  be  enlarged  by  the  Court.  Ihat  v.'herc  the  Dcicndant 
pleads  fpecially,  the  Plaintiff  fliall  reply  or  demur  in  Three  Days,  or  a  hen  Pros 
may  b^  entered  by  the  Dcicndant ;  and  it  the  PlaintilF  replies,  and  m  his  Rt:pacati- 
on  tenders  an  iiTue,  the  Defendant  fhail  join  Iffue  or  demur  in  1  hree  Days,  or  the 
Plaintiff  may  have  Judgm.ent;  and  where  the  Defendant  rejoins  to  the  Piaintiii 's 
Replication,  he  fliall  fiie  his  Rejoinder  within  Three  Days,  or  Judgment  fliali  no 
agamft  him,  unlels  the  Time  for  Pleading  fhall  be  enlarged  as  aiorclaid;  and  the 
fame  Time  Ihall  be  given,  and  Rules  obfervcd,  through  the  whole  Courfe  of  Plead- 
ings. 

rhat  when  a  fpecial  Verdift  fnall  be  found,  Cafe  agreed.  Demurrer,  or  Bill  of 
Exceptions  to  the  Evidence  tendered.  Time  ihall  be  allov/cd,  upon  Motion  of  cither 
Party,  to  the  next  Term  to  argue  the  iame. 

Ihat  for  the  more  intire  .aid  better  Prefcrvarion  of  the  Records  of  the  Courts, 
when  any  Caufe  is  finally  determined,  the  Clerk  Ihall  enter  ail  the  Proceedin^j^s 
therein,  and  other  Matters  relating  thereto,  in  a  Book  well  bound,  and  an  intire  and 
perfedt  Record  made  thereof. 

That  all  Jury  Caufes  be  firfl  tried. 

That  all  Motions  in  Arrcit  of  Judgment  fhall  be  argued  v/ithin  the  Three  latt 
Days  of  the  Term  the  Iffue  is  tried,  the  Delendant's  Attorney  fidt  fervjf,g  the  Plain- 
tiff's Attorney  with  a  Copy  of  the  Reafons  in  Arrefl:  of  Judgment  next  Day  aiter 
fuch  Motion. 

That  Arguments  on  Writs  of  Error,  fpecial  Verdifts,  Cafes  agreed,  Demurrers, 
Petitions  for  Legacies,  and  Diltributions  of  Intefkatcs  Eflates,  fliail  be  heard  Vv'ithin 
the  Four  laft  Days  of  the  Term. 

That  no  Plea  in  Abatement  fhall  be  received  in  any  of  the  faid  Courts,  unlefs 
the  Party  offering  the  faMic  fhall  by  Affidavit,  or  otherwife,  prove  the  Truth  of 
fuch  Plea. 

That  where  a  Plea  in  Abatement  fhall  be  pleaded,  and  upon  Argument  the  fame 
fhall  be  adjudged  infufficicnt,  the  Plaintiff  or  i'laintiffs  ihall  recover. againft  the  De- 
fendant full  Cofls  to  the  Time  of  over-ruling  fuch  Plea,  including  the  Colts  of  thac 
Court,  aLav/yer's  Fee  only  excepted;  and  the  PlaintiffMn  Replevin,  or  Delcndanc 
in  any  other  Action,  may  plead  as  many  fevtral  Matters  as  may  be  nectfiiiry  lor 
his  Defence,  fo  as  he  be  not  admitted  to  plead  and  demur  to  the  whole. 

XXXIV.  AN  B  he  it  further  EnacJed,  hy  the  Authority  af or  efaid.    That  all   the    p„,  ,.    ,t    • 
St:itutes  01   Jeorails,  and  Amendments,  which  are  now  in  Porce  in  Englavd,  are    laus  intortEo. 
hereby  declared  to  extend,  and   be  in  Force  in  this  Colony  ;    and  fliall  be  duly  ob- 
lerved by  all  Judges  and  Jullices  of  the  fcveral  Courts  of  Record  withm  the  fame, 
according  to  the  true  Intent  and  Meaning  of  the  laid  Statutes. 

XXXV.  AND  he  it  further  Enacfed,  hy  the  Authority  a forefaid^  That  the  f^jl- 
lowing  Orders,  Rules,  and  Methods,  for  taking  the  Teltimony  of  Witncffes,  in  all 
Caufes  to  be  depending  in  the  faid  Courts,  be  obferved  and  put  in  Praiiice,  /o  c;-?/". 

That  in  all  Caufes  where  V/itneffes  are  to  appear  at  any  of  the  faid  Courts,  a    r,,-,,  f„r  wit- 
Subpoena  fliall  be  iffued  by  tlie  Clerk,  direfted  to  the  Sheriff  of  the  County  where   '"'^'"« 

E  e  e  e  fuch 


/ 


520 


A.   D.  1773- 


To     attend     till 
difchargcd. 


Pen  f  'f  non  At- 
tt.ndaiice. 


I'rovilo  for  Inci- 
pacit;  to   atlcnd. 


Where  DepcfitU 
ont  may  be  ta- 
ken. 


Provjfo,  for  the 
advfrfc  Party  to 
have  Notice. 


Pcrfons  leaving 
the  Pr'vince, 
their  Dip'ruions 
may  be  taken. 


LAWS     of    Nor  T  H -C  A  R  o  L  I  N  A. 

fuch  Witnefs  or  Witneffes  refide,  mentioning  the  Time  and  Place  for  their  Appear- 
ance, and  the  Names  of  the  Parties  to  the  Suit  wherein  they  are  to  give  Evidence, 
and  at  whofe  Inftance  they  are  fummoned. 

That  every  Subpoena,  returnable  immediately,  (hall  be  perfonally  ferved  on  the 
Witnefs  or  Witnclfes  therein  named. 

That  a  Copy  of  every  Subpoena  ifllied  by  the  Clerk  in  Vacation  Time,  and  re- 
turnable to  any  Day  in  the  next  Term,  in  Cale  the  WitnefTcs  thereby  to  be  fum- 
moned are  not  to  be  found  at  Home,  may  be  left  at  the  ufual  f  kce  of  Rtfidence 
of  fuch  Witnefs  or  Witnefles  •,  and  leaving  fuch  Copy  as  aforefald  ihall  be  a  good 
and  lecral  Service,  and  the  Perfor.  or  Perions  thereby  fummoned  bound  to  appear, 
under  the  like  Penalties  as  it  perfonally  fummoned. 

XXXVI.  AND  be  it  further  Em^ed,  by  the  Authority  o.fcrefaid.  That  every 
Witnefs  beinof  fummoned  to  appear  in  any  of  the  faid  Courts  in  Manner  as  herein 
before  direAed,  fnall  appear  accordingly,  and  continue  to  attend  from  Court  to 
Court,  until  difcharged  by  the  Court,  or  the  Party  at  whofe  Inftance  he  was  fum- 
moned •,  and  in  Default  thereof,  fhall  be  fubi>.ft  to  the  Pains  and  Penalties  herein 
before  mentioned  j  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

XXXVII.  AND  be  it  further  Ena^ed,  by  the  Authority  afcrefaid.  That  if  any 
Perion  i'ummoned  to  attend  as  aforefaid  fliail  tail  to  appear  accurdirgly,  every  fuch 
Perfon  lo  tailing,  fhall  forfeit  to  the  Perion  or  Perfons  at  whofe  Inlknce  the  Sub- 
poena was  ilTued,  Twenty  Pounds,  Proclamation  Money,  and  fhall  be  further  liable 
to  the  Adion  of  the  Party  end  imaged,  for  Want  of  fuch  Witntllcs  TcHinnony, 
who  fhall  recover  his  full  Damages  and  Cofls. 

XXXVIII.  PROVIDED  always.  That  if  fufficient  Caufe  be  fhewn  by  the 
Perfon  lb  fummoned,  or  for  whom  .ucii  Copies  fhall  be  lo  left,  and  failing  to  appear, 
of  his  or  her  Incapacity  to  attend  at  the  1  ime  he  or  fhe  ought  to  have  appeared, 
then  no  Forfeiture  or  Penalty  fhall  be  incurred  by  iuch  Failure-,  but  if  fufficitnt 
Caufe  be  not  fhewn  at  the  next  fucceeding  lerm  alter  fuch  Failure,  en  Notice  gi- 
ven, it  fhall  and  may  be  lawtul  for  the  Court,  on  Motion,  to  grant  Judgment  for 
the  Forfeiture  before- mentioned,  againft  the  Perion  or  Ptrfons  lo  fummoned,  and 
failing  to  appear  as  aforefaid. 

XXXIX.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every 
Witnefs  being  fummoned  to  appear  in  any  of  the  faid  Courts,  in  Manner  as  before 
diredled,  who  by  Sicknef?,  Age,  in  Gaol,  or  any  other  Caufe,  fhall  be  incapable  of 
attending  Court  to  give  Evidence,  or  fliall  refide  cut  of  the  Province,  on  Oath 
made  thereof,  or  the  Truth  of  the  fame  otherwife  fufhciently  appearing,  the  Judge 
or  Juflices  of  the  Court  wherein  the  Suit  is  depending,  fhall  and  may,  by  Con.mif- 
fion,  as  from  Time  to  Time  may  be  nectfiary,  impower  fuch  and  fo  many  Pcrfons 
as  they  fliall  think  neceflary,  to  take  and  receive  the  Depofirions  of  fuch  Witnefs-, 
which,  upon  being  duly  returned,  fliall  be  received  as  legal  Evidence. 

XL.  P  ROV  ID  ED  always.  That  the  Party  praying  fuch  CommifTirn  as 
aforefaid,  fhall  give  fuch  Notice  to  the  adverfe  Party,  ot  the  Time  and  Place  when 
and  where  fuch  CommilTion  is  to  be  executed,  as  the  Court  fhall  think  proper  •,  and 
the  adverfe  Party  fhall  have  Leave  to  crofs  examine  any  Witnefs  or  WitnefTcs  whofe 
Depofitions  fhall  be  fo  taken;  and  all  Depcfitions  ctherwiie  taken  than  is  herein 
diredled,  unlefs  by  Conient  of  Parties,  fliall  be  void,  to  all  Intents  and  Purpolts, 

XLI.  AND  be  it  further  Ena"ed,  by  the  Authority  aforefaid.  That  if  any 
Perfon  or  Perfons,  who  may  be  a  Witnefs  or  Witneffes  in  any  Caufe  depending  in 
any  of  the  faid  Courts,  fhall  be  under  a  NectfTity  or  departing  th.is  Colony  before  the 
iaid  Caufe  is  to  be  tried,  that  upon  Oath  made  thereof  before  the  Chief  Joftice,  or 
any  one  of  the  Juflices  of  the  laid  Court-;,  and  the  Caufe  of  Excufe  approved  by 
him  the  faid  Chief  J u (lice,  or  other  Judice,  is  hereby  impowered  to  illue  a  Com~ 

niilTion 


L  A  JV  S    e/"    North-Carolina.  52 [ 


mifllon  to  one  or  more  Perfons  to  take  the  Depofition  of  fuch  Witnefs,  Ten  Days     ji-  D. 
Notice  being  previoufly  given  to  the  adverfe  Party,  or  his  or  her  Attorney,  of  the     '*-'^ 
Time  and  Place  when  luch  CommilTion  is  to  be  executed  ;  which  Depofition,  when 
returned,  fliall  be  received  as  legal  Evidence. 

XLII.     AN  T>  he  it  further  EnaHe-U  hy  the  Authority  afore faid^  That  if  any  Perfon    Pen.  f.c  R,f..f.i 
who  ih^.ll  be  fummoncd  as  a  Witnefs  in  any  of  the  faid  Courts,  or  before  any  Per-    '^  6've  Evidctc 
fons  appointed  to  take  Depofitions,  (hall  refufe  to  give  Evidence  on  Oath,  fuch 
Perfon  I'o  refufiag  ihall  be  committed  to  the  common  Gaol,  there  to  remain  without 
Bail  or  Mainprize,  until  he  or  Ihe  be  willing  to  give  Teftimony,  in  luch  Manner 
as  the  Law  now  doth,    or  hereafter  fliall  direft  -,   provided  that  the  People  called    Pro%ifo  for  quj. 
Qu-.ikers  iliall  have  the  fame  Liberty  of  giving  their  Teflimony,  by  Way  of  folemn    """' 
Arfirmation,  as  by  an  Ad  of  Parliament  made  in  the  Eighth  Year  of  the  Reign  of 
his  M.jcily  King  Gccrge  the  Firil,  intituled,  An  A£l  for  granting  the  Peoplt  called 
^takers  fuch  I'enns  of  Affirmation  or  Declaration,    as  may  re-move  the  Difficulty  which 
many  of  them  lie  under ;    and  that  all  Negroes,  Indians,  Muiattoes,  and  all  of  mixed    Ncrofs.  &c  m 
Blood,  defcended  from  Negro  or /;7-.-/m«  Anceftors,  to  the  Fourth  Generation,  bond    ^^Xk'i^'h"^^ 
or  free,  fliall  be  deem.ed  and  taken  to  be  incapable  in  Law  to  be  Witnefies  in  any    iher. 
Cafe  v/hatloever,  except  againll  each  other. 

XLTII.  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  during  the  "^fn«Tcs  Pr!»i- 
Atcendance  of  any  Perfon  fummoned  as  a  Witnefs  to  any  Superior  or  Inferior  Court,  ^^'' 
and  as  fuch  Per.on  is  going  ro  or  returning  from  the  Place  of  fuch  Attendance,  al- 
lowing one  Day  for  every  Twenty  Five  Miles  fuch  Perion's  Refidence  fliall  be  dif- 
tant  from  the  fame,  no  Sheriff,  or  other  Olficer,  fhall  lerve  or  execute  on  any  Per- 
fon lb  attending,  going  to,  or  returning  from  fuch  Court,  any  Writ,  Prccefs, 
Warrant,  Order,  Judgment,  or  Decree,  in  any  Caufe  ;  and  if  any  fuch  fliall  be 
ferved  or  executed,  the  fame  fliall,  and  is  hereby  declared  to  be  null  and  void. 

XLIV.  AND  he  it  further  EnaSied,  ly  the  Authority  afcrefaid.  That  for  every  ThcJr  Aiowanee 
Mile  any  Witnefs  Iliall  travel,  cither  going  to  or  returning  Irom  the  Court  to  which  ^'"  ^'"^"*''""' 
fuch  Witnefs  fliall  be  fummoned  to  appear,  there  fliail  be  paid  to  him,  by  the 
Party  at  whofe  Inllance  the  Subpoena  iluied.  Three  Flalf  Pence,  Proclamation 
Money,  fcr  Mile,  together  with  the  neccflary  Charges  of  Ferriages;  and  Three 
Shillings,  like  Money,  for  every  Day's  Attendance,  from  the  Time  appointed 
for  the  Appearance  until  the  Time  fuch  Perfon  fliall  have  given  Evidence,  or  fliall 
be  difchargc  '.  Provided,  That  in  any  Bill  of  Cofts,  there  fliall  not  be  allowed  the 
Ciiarge  of  more  than  Two  Witneflcs  to  any  one  particular  Matter  of  Fadf. 

XLV.  AND  be  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  Clerks  ^]'^^^^  f^°  «'''« 
of  the  Superior  Courts  are  impov/ered,  and  are  hereby  direded,  to  take  Probate  of  oenceXiCiuJ'* 
all  EviJeiice  Tickets,  upon  Oath,  and  to  certify  the  laine. 

XLVI.  AND  he  it  further  Enabled,  hy  the  Authority  afcrefaid.  That  the  Superior  ^;_J*'^  "f  Error 
Courts  fliall  have  Power  and  Authority  to  grant  Writs  of  Error,  for  correfting  the 
Errors  of  any  Inferior  Court,  where  the  lame  fhall  be  necefifary  ;  and  the  Party 
praying  fuch  Writ  of  Error,  before  th^  fame  fhall  ifllie,  fliall  affign  Error,  and  give 
Bond  and  Security,  x.o  be  approved  by  the  Ccurt,  to  abide  by,  perform,  and  fulfil 
the  Judgment  which  fli  ill  be  given  thereon  by  fuch  Court :  And  if  upon  Argument 
of  any  Writ  of  Error,  or  Trial  of  any  Appeal  from  any  Inferior  Court,  the  Judg- 
ment or  Decree  of  the  Inferior  Court  fliall  be  reverfed,  the  Superior  Court  fhall 
grant  Judgment,  or  make  fuch  Decree  thereupon,  as  fhould  have  been  entered  or 
made  up  in  fuch  Inferior  Court,  and  fliall  and  may  ifTue  Execution  thereon,  without 
granting  a  Writ  oi  Procedendo;  and  to  prevent  the  obtaining  Writs  of  Error  by 
Surprize,  the  Party  praying  fuch  Writ  in  a  civil  Caufe,  fliall  give  Notice  to  the  ad- 
verfe Party  of  his  moving  for  fuch  Writ,  at  lead  Ten  Days  before  fuch  Motion  j 
and  no  fuch  Writ  fliall  be  granted  without  an  Affidavit  of  flicli  Notice. 

XLVIL  AND 


granted. 


522 


L   A   IV  S      Cf      NORT  H-C  A  R  O  L  1  N  A. 


J.  D.  x-jTi. 

H.ibeas  Corjus 
may  be  granted, 
to  remove  the 
Body  to  th-  Su- 
perior Court. 


Cauf?s  tranfp^  fed 
to  the  Siiptnor 
Cuuit  Dockets 


Afli'>n  plven  in 
the  late  Supeiidr 
Courts,  Suit  n.ay 
ba  brought  for 
the  fame  in  the 
psefent  Courts. 


XLVII.  AND  for  preventinp;  long  and  oppreffive  Imprifonments,  Be  it  Ena5I- 
ed,  by  the  Authority  aforejaid.  That  when  any  Peribn  lliali  be  committetl  in  any  civil 
Aftion  to  the  Gaol  of  any  County,  by  Procefs  iHliing  out  of  any  Inferior  Court, 
for  any  Matter  cognizable  in  the  Superior  Court,  it  fhall  and  may  be  lawful  for  the 
faid  Superior  Court  for  the  Diftridt  in  which  fuch  i'erfon  fliall  be  imprifoned,  upon 
Petition,  and  Caufe  fliewn  by  the  Perfons  fo  imprifoned,  to  ifilie  out  a  Habeas  Corpus 
cum  Cauja^  to  remove  the  Body  of  fuch  Defendant  into  the  Gaol  of  the  Superior 
Court,  and  the  Caufe  of  Commitment  into  the  faid  Court ;  and  the  Clerk  ot  the 
faid  Court  is  hereby  authorized,  direded,  and  required,  by  Order  of  the  Court,  to 
ilTue  ilich  Writ  accordingly  ;  and  the  Court  lliall  and  may  proceed  therein,  and  bail, 
diicharge,  or  retain  fuch  Pnfoner,  as  the  Right  of  the  Cafe  may  require. 

XLVIII.  AND  be  it  further  EnaSfed,  by  the  Authority  afore/aid.  That  all 
Caufes,  A6lions,  Writs,  Suits,  Attachments,  Plaints,  Procefs,  Recognizances, 
Indidlments,  and  Prefentments  whatfoever,  that  are  or  fhall  be  depending  in  any  of 
the  late  Superior  Courts  of  Juttice  within  this  Province,  or  fuch  as  fhall  be  rtturna- 
able  to,  or  had,  or  fhall  have  Day  or  Days,  in  any  of  the  faid  late  Courts,  or  other 
Matters  or  Things  in  them  depending,  and  not  fully  determined,  fl:all  be  transferred 
and  put  on  the  Dockets  of  the  relpeiftive  Courts  hereby  eftabfflied,  in  the  fame 
Crder  they  fhall  tlien  ftand  in  the  Dockets  of  the  faid  late  Superior  Courts  refpec- 
tively  •,  and  fhall  be  proceeded  in  by  the  laid  Superior  Courts  hereby  eilablifhed,  ac- 
cording to  the  Method  by  this  Ad  direded,  as  if  the  fame  had  been  originally  com- 
menced in  any  of  the  fame,  due  Regard  being  had  that  fuch  Courts  take  Cognizance 
of  fuch  Suits,  Matters,  and  Things,  the  Caufe  or  Caufes  whereof  arofe,  or  is  fug- 
gcftcd  to  have  arifen,  within  their  refpedive  Diftrids. 

XLIX.  AND  be  it  further  Ena£!ed^  by  the  Authority 'afcrefaid.  That  in  all 
Cafes,  wherein  by  any  Ad  of  Aflembly  heretofore  made,  Adion  is  given,  or  Re- 
covery direded  to  be  had,  m  any  of  the  late  Superior  Courts  within  this  Colony,  in 
every  fuch  Cafe,  after  the  pafTing  of  this  Ad,  Suit  may  be  brought  for  the  lame 
Caufe  of  Adion,  and  Recovery  had  in  the  Superior  Courts  hereby  eftabliflied,  and 
Judgment  and  Execution  fhall  be  entered,  as  in  other  Cafes  by  this  Ad  direded. 


Procefs  bfpan  in 
the  late  Ciurts, 
miy  be  talc  en 
C  gnizjiice  ot  in 
the  preicnt 
Courts. 


Forfeited  Rccog 
nizatices  in  the 
late  Couitb  how 
levied. 


Comm'ffi"n  « 
Oy  r  and  Trim' 
ntr  may  be  iflucri 


L.  AND  be  it  further  EnaSled^  by  the  Authority  aforcfaid,  Tliat  all  Writs  and 
other  Procefs,  and  all  Suits,  Appeals,  and  Proceedings  whatfoever,  ifiued,  granted, 
or  profecuted  in  the  late  Superior  Courts,  wherein  Judgment  hath  been  entered, 
or  Decree  made,  fliall  and  may  be  taken  Cognizance  of  by  the  Superior  Courts  of 
the  refpedive  Diftrids  hereby  eilablifhed,  wherein  the  Caufe  of.Adion  did  arife, 
or  was  fuggefled  to  have  ariien  ;  and  fuch  Courts  may  refpedively  award  Execution, 
or  other  necelTary  Proceedings  on  fuch  Judgment  or  Decree,  in  the  fame  Manner 
as  if  fuch  Suit  had  been  originally  commenced  in  fuch  Court ;  any  Law,  Ufage, 
or  Cuilom,  to  the  contrary,  notwithflanding. 

LI.  AND  be  it  further  EnaSed,  by  the  Authority  afcrefaid.  That  wher'='in  any  of 
the  late  Superior  Courts  any  Recognizance  has  been  forfeited,  or  Fine  impofed, 
and  not  hitherto  paid,  it  fliall  and  may  be  lawful  for  the  Superior  Courts  hereby 
eflabliOied,  of  the  Dillrid  in  which  fuch  Recognizance  was  or  fhall  be  forfeited,  or 
Fine  impofed,  to  iffue  Execution  for  levying  the  fame,  after  the  Party  fhall  be 
ferved  v/ith  a  Writ  of  Scire  Facias,  and  fails  to  Ihew  fufficient  Caufe  to  the  contrary; 
and  in  all  Recognizances  which  fhall  hereafter  be  forfeited,  or  Fines  which  fhall  be 
hereafter  imporcd,  in  any  of  the  Superior  Courts,  the  lame  Procefs  fliall  iflTue,  and 
the  Forfeiture  be  levied  in  the  fame  Manner,  unlefs  fufBcient  Caufe  be  flievvn,  on 
the  Return  of  the  Scire  Facias,  why  fuch  Forfeitures  fhould  be  difcharged,  or  mi- 
tigated by  the  Court. 

LIT.     AND  whereas  many  of  the  Prlfons  within  this  Province  are  infuf^icient 
for  the  Retention  of  Perfons  who  may  commit  capital  and  other  Offences  againft  his 
Majefly,  his  Peace  and  Government;    therefore,  for  the  fpeedy  IVial  of  fuch  Of- 
fenders, 


L  A  IV  S    of    Noxth-Carolina. 


523 


773- 


fenders.  Be  it  Enabled,  by  the  Authority  afcrcfaid^  That  the  Governor,  or  Comman-  ^.  D. 
der  in  Chief  for  the  Time  being,  To  o'ten  as  he  fliall  find  it  neceHary,  is  hereby  im- 
powered  and  authorized  to  ifiue  a  CommiflTion  of  Oyer  and  Terminer  and  General 
Gaol  Delivery,  under  the  Great  Seal  of  the  Province,  directed  to  the  Chief  Juftice 
and  his  Aflbciates,  or  either  of  them,  for  the  Trial  of  any  luch  Ofienders  ;  and  the 
faid  Jufticcs  fo  commiffioned,  or  either  of  them,  after  Receipt  thereof,  are  hereby 
inpowered  to  hold  a  Court,  within  the  Time  limited  by  fuch  CommifTion,  for  the 
Trial  of  every  luch  Orrender ;  and  to  hear  and  determine  all  Crimes  and  Mifdemean- 
ors,  of  what  Nature  or  Kind  foever,  wherewith  fuch  Offender  or  Offenders  is  or 
ihall  ftand  charged,  and  give  Judgment,  and  award  Execution  thereon. 

LIII.  A  N D  be  it  further  Enarred^  by  the  Authority  aforefaid^  That  his  Excel-  The  g  ,vfrnor  to 
lency  the  Governor,  or  Commander  in  Chiei  for  the  Time  being,  fhall  by  CommifTion  orQ^runi!"'''" 
conftitute  Juftices  of  the  Peace  for  the  feveral  Counties  in  this  Province,  and  in  fuch 
Commiffion  ihall  tor  each  County  nominate  and  appoint  not  more  than  Seven,  nor 
lels  than  Five  of  tlie  Qiiurum  ;  Vv'hich  Juftices  (hall  be  ftiled  of  the  Quorum  in  fuch 
Commiflion,  and  Ihall  be  Inhabitants  of  the  County  to  which  they  ihall  be  fo  ap- 
pointed. 


LIV. 


To  I?  judges  of 
the  Iiirerioi 
Courts. 


.  -     AND  be  it  further  EnaHed^  by  the  Authority  aforefaid.  That  fuch  Juftices 

of  the  Qiiorum,  together  with  others  nanied  in  the  CommifTion,  (halt  be  Judges  of 
the  Inferior  Court  of  Pleas  and  Quarter  Sefiions,  and  have  all  the  Powers  incident 
to  fuch  Jurifdittion.  Provided  always,  That  of  the  Juftices  fitting  on  the  Bench, 
there  Ihall  be  a  greater  Number  of  the  Quorum  than  of  the  other  Juftices  not  of 
the  QuDrum-,  which  Courts  fhall  be  called  Inferior  Courts  of  Pleas  and  Qiiarter 
SefTions,  and  taken  and  held  to  be  Courts  of  Record. 

LV.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  every  Perfon  Who^are  to^ta^ke 
nominated  and  appointed  a  Juilice  of  any  Inferior  Court,  before  his  entering  upon 
and  executing  the  faid  Office,  fhall  publicly  in  the  Court- Houfe  of  his  County,  on 
a  Court  Day,  take  the  Oaths  appointed,  or  which  fhall  be  appointed  to  be  taken 
by  Aft  of  Parliament,  for  the  Qiialification  of  Public  Officers,  repeat  and  fubfcribe 
the  Teft  ;  and  fhall  alfo  take  the  following  Oath,  to  wit. 


the  Oaths  of  6..- 

vrniment,       aiid 
the 


I  A.  B.  do  five ar.  That  as  a  Juftice  of  Peace  in  the  County  of  in  all  Articles 

in  the  Commiffion  to  me  direned,  I  will  do  equal  Right  and  Juftice  to  the  Poor  and  to 
the  Rich,  after  -my  Cunning,  IVit,  and  Power,  and  according  to  Law  ;  and  I  will  not  be 
of  Council  in  any  ^tarrel  hanging  before  me ;  1  will  not  let  for  Gift  or  other  Caufc,  but 
zvell  and  truly  I  will  do  my  Office  of  a  Juftice  of  the  Peace,  as  well  within  the  Inferior 
Court  of  Pleas  and  ^tarter  Sejfions  of  the  faid  County  as  without ;  and  I  will  not  take  a^ 
Fee,  Gift,  or  Gratuity,  for  any  Thing  to  be  done  by  Virtue  of  my  Office ;  and  I  will  not 
direSf,  cr  caufe  to  be  direcled,  any  Warrant  by  we  to  be  made  to  the  Parties,  but  I  zvill 
direkt  them  to  the  Sheriff  cr  Conftable  of  the  County,  or  other  the  Kings  Officers  or  Minif- 
ters,  or  other  indifferent  Perfon,  to  do  Execution  thereof. 

SO  HELP  ME  GOD. 


Oath  of  3  Juftice, 


And  if  any  Perfon  whatfoever  fhall  prefume  to  execute  the  Offi.ce  of  a  Juftice  of 
any  Inferior  Court,  without  firft  qua  ifying  himfelf  in  the  Manner  by  this  Aft  be- 
fore required,  he  fhall,  for  every  fuch  Offence,  forfeit  and  pay  One  Hundred 
Pounds,  Proclamation  Money  ;  one  Moiety  to  his  Majefty,  his  Heirs  and  Succef- 
fors,  towards  Vat  Support  of  this  Government,  and  the  other  Moiety  to  the  Infor- 
mer-, to  be  recovered  with  Cofts,  by  Aftion  of  Debt,  in  any  Court  wherein  the 
fame  is  cognizable. 

LVI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  In- 
ferior Courts  of  Pleas  and  Quarter  Seffions  fhall  be  conflantly  held  upon  the  Days 
following,  to  wit,  Dcbbs  and  New  Hanover,  on  the  Firft  Tucfdays  in  January,  Ap'il, 
July,  and  October.     Onftow  and  Anfcn,  on  the  Second  Tuefdays  in  January,  April, 

F  f  f  f  July, 


Pen.  for  a  fling 
withour  tjualilj- 
mg. 


Cnurtj  wlion 
held. 


r24  L  A  W"  S    of    No  rth-Carolina. 

A.  D.  1773.  July,  and  Oiiober.  Perquimons,  on  the  Third  Monday  in  January,  April,  July,  and 
^-— 'V""^  October.  Duplin  and  Mecklenburg,  on  the  Third  Tuejday  in  January,  April,  July, 
and  October.  Cumberland^  Pitt,  and  i7"r)'c«,  on  the  fourth  Tuefdays  in  January, 
April,  July,  and  October.  Bute,  on  the  la(t  Tuefdays  in  January,  April,  July,  an(i 
October.  Granv/Le,  H laden,  and  Rowan,  on  the  Firfl  T'uefdays  in  February,  May, 
Augujti  and  November.  Chatham  and  iwrry,  on  the  Second  Tuefdays  in  February, 
May,  Augi'ft,  and  November.  Jchnfion,  Guilford,  and  Hertford,  on  the  Third  T'«^ 
^^jj  in  February,  May,  Augufl,  and  November.  Edgtcmb,  Orange,  and  Tyrrell,  on 
the  Fourth  Tuefays  in  hebruary.  May,  /itigufl,  and  November.  Northampton,  fVake, 
Currituck,  and  //y^f,  on  the  Firft  Tuefdays  in  March,  June,  September,  ar.d  Lecem- 
ber.  Craven,  Halifax,  and  Pafquotank,  on  the  Second  Tuefdays  in  March,  June, 
September,  and  December^  Carteret,  Chowan,  and  Brimfuick,  on  the  Third  Tuefdays 
in  March,  June,  September,  and  December.  Beaufort  and  Bertie,  on  the  F'ourth 
Tuejdays  m  Ahnh,  June,  September,  and  December,  in  each  Year. 

And  huw  long  to        LVIl.     P  RO  V I D  ED  nevcrtheUfs,  That  if  the  Bufinds  of  any  of  the  faid 
'""•  Courts  cannot  be  determined  on  the  Court  Day^  the  Jultices  may  adjourn  from  Day 

ro  Day,  not  exceeding  Five  Days  ;  at  the  hnd  oi  which  Time,  it  the  Caufes  and 
Matters  deptrnding  betore  them  ihall  not  be  finally  determined,  or  otherwife  conti- 
nued in  the  Manner  herein  after  dirfcdted,  the  lame  Ihajl  be  continued  to  the  next 
fucceeding  Court. 

Onej.mcemny        LVII.I.     PROVIDED  ttlfo.    That  if  through  Sickntfs,    or  other  Inability, 
adi  MrnffCMT. Diy    B^^^-iefs  of  Wcathtr,  or  other  Accidents,  it  fliall  io  happen  that  a  fufficicnt  Numttf 
ceedmg  3  d'/s!     of  JuftiCes  ihali  not  meet  for  holding  the  laid  Courts  on  the  Days  herein  before  ap- 
pointed, in  iuch  Lnie  it  Ihali  and  may  be  iawiul  lor  any  one  Jullice  to  adjourn  the 
L-ourt  whereof  he  fhall  be  a  Member,  from  Day  ro  Day,  not  exceeding  Three  Day;^, 
until  a  iutlicient  Nua^bcr  of  Juftices  can  attend  to  hold  Court. 

c.uits  cr  Pro-        LIX.     AN  D  be  it  further  EriaEled,  by  the  Authority  aforefaid.  That  none  of  the 
cdsin'he.n,  net    f^jfj  Couits,  OF  Ptocefs  in  any  of  them  depending,  Ihall  be  dilcontinued  for  or  by 
.   .  Reafon  of  the  Juftices  failing  to  hold  Court  upon  the  Day  by  Law  appointed,  or  of 

any  Alteration  of  any  ot  the  faid  Days  appointed  lor  holding  the  faid  Courts;  but 
in  every  fuch  Cafe,  ail  luch  Frocels,  Matters,  and  Things  depending,  fhall  ftand 
eontinutd,  and  all  Appearances  upon  Returns  of  Procefs,  fhall  be  made  to  the  next 
fucceeding  Court  in  Courle,  in  the  fame  Manner  as  if  fuch  fucceeding  Court  h;d 
been  the  lame  Court  to  which  fuch  Procefs  ftood  continued,  or  fhch  Returns  or  Ap- 
pearances had  been  made ;  and  all  Recognizances,  Bonds,  and  Obligations  for  Ap- 
pearances, and  ail  Returns,  fiiall  be  of  tne  lame  Force  and  Validity  for  the  Appear- 
ance of  any  Perlon  or  Perlons  at  fuch  fucceeding  Court,  and  all  SummoiiS  for  VVit- 
neffes  as  effedual,  as  if  the  next  fucceeding  Court  had  been  exprefsly  meniioned 
therein. 

iftices  Power,  LX.     A  N  D  be  it  further  Enacted,    by  the  Authority  aforefaid.  That  the  Juftices 

of  the  faid  Inferior  Courts  of  Pleas  and  Qiiarter  SeHions,  or  any  Three  of  them. 
Two  whereof  to  be  of  the  Qiiorum,  fhall  and  may  take  Cognizance  of,  and  are 
hereby  declared  to  have  full  Power,  Authority,  and  Jurifuiction,  to  hear  and  de- 
termine all  Caufes  whatfoever  at  the  common  Law  within  their  rtfpeclive  Counties, 
where  the  Debt,  Damages,  and  Caule  of  Adion,  is  above  Five  P(,ainds,  Prccla- 
mation  Money,  and  (hall  not  exceed  Fifty  Pounds,  like  Money  (Adions  of  Tref- 
pafs  in  Ejedment,  Formedon  in  Delcender,  Remainder,  and  Reverter,  Perjury  and 
Felony,  and  fuch  criminal  Caufes  where  the  Judgment,  upon  Conviction,  flial!  be 
for  theLofs  of  Life  or  Member,  excepted)  and  all  Fetit  Larcenies,  AfTaults,  Bat- 
teries, and  TrefpafTes  (other  than  fuch  Trelpafies  wherein  the  Title  of  the  Freehold^ 
ihall  or  may  come  in  Queftion)  Breaches  of  the  Peace,  and  other  Mlfdemeanors  of 
what  Kind  foever  of  an  Inferior  Nature,  and  all  filial  Portions  and  Legacies,  and 
Diftributions  of  Inteftates  Eflates,  and  other  Matters  thereto  relating,  for  any  Sum 
or  Sums  not  exceeding  Fifty  Pounds,  Proclamation  Money  ;    and  the  faid  Juflices 

of 


be  difconiinu 


LAWS    of    North-Carolina. 


52. 


of  the  Peace,  and  every  of  them,  at  all  Times  during  their  Continuance  in  their    ^-  D.  x-j-jy 
Office,  as  well  widiin  their  Inferior  Court  of  Pleas  and  Quarter  Seflions  as  without,     »— — v~— ' 
(hall  have  full  Power  and  Authority,  as  amply  and  as  fully,  to  all  Intents  and  Pur- 
pofes,  as  the  Jultices  01  rhe  Peace  in  the  Counties  of  England,  to  preferve,  maintain, 
and  keep  the  Peace  v/ithin  their  relpeftive  Counties. 

LXI.  AN D  k  it  further  Enacted,  by  the  Authority  afcrefaid.  That  the  faid  In-  ^'"^'^  •*«"■'  "> 
fericr  Courts  refpeftivtly  fhall  and  may,  by  Summons  or  other  legal  Procefs,  upon  wii..'''^''"'  "^ 
Application  maJe  to  them,  compell  any  Perfon  or  Peribns  whacioever,  having  in 
their  PofTcfrTon  any  Will  or  Tcftament  of  any  deceafed  Perion,  to  exhibit  the  lame 
to  the  Court,  in  Order  to  a  legal  Probation  thereof,  and  alfo  to  rective  the  Probate 
of  Wills,  and  order  the  fame  to  be  recorded,  and  make  Orders  for  ifiuins  Letters 
Tellamentary  and  Letters  of  Adrniniltration  ;  and  the  Cieik  fliall  and  may  take 
Two  Shillings  and  Light  Pence  for  recording  each  Willi 


C.ivcats   are    cn» 
tcred. 


Clet-ks    to    take 
the  Oaths. 


LXII.  PR  0  V ID  E  D  ak'jays.  That  any  Perfon  who  hath  a  Ric;ht  to  execute 
a  Will,  or  to  adminifter  the  Eftate  of  any  Intcitate,  who  fhali  thmk  hinitclf  irjurtd 
by  fuch  Older,  may  enter  a  Caveat  in  the  Court  wherein  fuch  Order  fliall  be  made, 
againil  the  Perlbn  obtaining  the  lame  -,  and  the  Secretary,  and  his  Deputy,  fhall 
forbear  to  feal  and  counterf.gn  Letters  Tefiamcntary  or  of  Adminiftrarion,  till  the 
Matter  in  Controverly  Ihaii  be  reheard  and  determined  before  the  Governor,  or 
Commander  in  Chief  for  the  Time  being,  and  Council. 

LXill.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  PeN 
fon  nominated  and  appoinjced  Clerk  of  any  Inferior  Court,  betore  his  entering  upon 
and  executing  the  fv.cl  Omce,  fhali  take  the  Oaths  by  Law  appointed  for  the  Qiia- 
'.fication  of  Public  Oiiicers,  repeat  and  fubfcribe  the  Ttlf,  and  alfo  take  the  follow- 
ing Oath,  to  wit, 

I  A.  B.  do  /wear,  That  I  will  well  and  truly  execute  the  Office  cf  Clerk  of  the  Inferior 
Court  of  Pleas  and  ^mrter  Scjfwns  for  the  County  of  according;  to  the  befi  of 

my  Skill  and  Ability.  SO  HELP  ME  GOD. 

LXIV.     A  N  D  for  the  better  Prefervatlon  of  Wills,  Be  it  further  Enacted,  by   win,  to  Krt,ain 
the  Authority  aforefaid.  That  all  original  Wills  fhall  remain   in  the  Clerk's  Office,    j^^J^'''  '-''"'''• 
among  the  Records  ot  the  re  pe6live  Counties  where  they  fhall  be  proved ;    where- 
unto  any  Perfon  may  have  Recourfe  as  to  the  other  Records,  except  for  the  Time 
the  fame  fhall  or  may  be  removed  before  any  other  Court,  upon  the  Determination 
of  any  Con  trover  fy. 


CV.     AN  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid,  'That  the  Clerk  of  clerks  to  tr^nf- 
Infenor  Court  aforcjaid,  in  the  Month  of  Oi/(?^fr  annually,  ffiall   return  to    '^lll'^l^^^^f^. 


LXV. 

every 

the  Secretary  s  Ofhce  a  Lilt  oi  all  Certificates  for  obtaining  Probates  or  Ada;iniflra-  cteurj-s  office, 
tions,  granted  by  their  refpedive  Courts  from  Time  to  Time,  containing  the  Names 
of  the  Teftators  or  Inteilates,  their  Executors  or  Adminilfrators,  and  the  Names 
of  the  Securities  ;  which  Lifts  the  Secretary  is  hereby  required  to  caufe  to  be  re- 
corded in  his  Office,  alphabetically,  in  Books  for  that  Purpofe,  and  fhall  and  may 
take  and  receive  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  for  every 
fuch  Order  therein  mentioned. 


LXVI.  ANT)  be  it  further  Ena!^ed,  by  the  Authority  aforefaid.  That  the  At- 
torney General  is  hereby  authorii^ed  and  required  to  appoint  a  Deputy  in  each  County 
within  this  Province,  which  faid  Deputy  in.dl  and  may  profeeute  all  Matters  cog- 
nizable in  the  Inferior  Court  of  Fleas  and  Qiiarter  Stffiuns  for  and  in  Behalf  ot  his 
Majcflv,  and  fhall  take  and  receive  Thirteen  Shillings  and  Ft.ur  Pence,  Proclama- 
tion Mj->ey,  on  each  and  every  Bill  of  Indidment  found,  or  Prcfentment  made,  in 
the  faid  Court,  in  which  he  or  his  Deputy  fliall  be. 


Attrrnfy  Cf-ne- 
r:'l  to  appimt  a 
Depiity  in  every 
C  unty. 


LXVII.  A  NT) 


526  L  A  iV  S    cj    North-Carolina. 

A.  D.  177J.        LXVII.     AND  be  it  further  Enabled,  by  the  Authority  aforefaid^    That  the  faid 

oTrTCir'a  Inferior  Courts  of  Pleas  and  Quarter  Selfions  refpedively  fliall,  and  they  are  hereby 

Tax7.r  conTin!  EUthorizcd  and  impowered,  annually,  between   the  Firft  Day  of  May  and  the  Firft 

Ccui?   "^  '''*  Day  of  November^  to  affefs  and  lay  fuch  a  Tax  on  the  taxable  Perfons  in  their  ref- 

peetive  Counties,  as  fliall  be  fufBcient  to  defray  the  contingent  Charges  of  the  fame  j 

which  Tax  fliall  be  collected  by  the  Sheriff,  and  paid  and  accounted  for  in  the  fame 

Manner  as  Public  and  Parifli  Taxes  are,  or  fliall  be  by  Law  direded,  and  by  him 

accounted  for  and  paid  to  the  Court,  or  their  Order. 

juftice.  Powff  to       I,XVIII.     AND  whereas  it  often  becomes  expedient  that  Court-Houfes  and 

LSuHouLT''  Gaols  fliould  be  rebuilt  or  repaired,  and  it  being  in  Doubt  whether  the  Jufl:ices  of 

the  faid  Inferior  Courts  have  any  Power  to  rebuild  or  repair  fuch  Court-Houfe  or 

Gaol  i    Be  it  therefore  Enacted,  by  the  Authority  aforefaid.  That  from  and  after  the 

pafllng  of  this  Att,  the  Juftices  of  the  fcveral  and  rclpeftive  Courts  in  this  Province 

have  lull  Power  and  Auihority,  from  Time  to  Tim.e,  as  Occafion  fliall  require,  to 

agree  and  contrail  with  Workmen,  ot  other  proper  Perfons,  to  rebuild  at  the  fame 

Place,  or  repair,  any  Court-Houfe  or  Gaol  as  alorefaid  ;  a  .d  the  faid  Jufl:ices  fliall 

have  full  Power  and  Authority  to  lay  a  reafonable  Tax  on  each  taxable  Ferfon  in 

their  refpetlive  Counties,    for  defraying  and  paying  the  Charges  and   Expences 

thereof;    -provided,  that  there  fliall  not  be  leis  than  Five  Juftices  on  the  Bench, 

Three  whereof  to  be  of  the  Quorum,  at  the  Time  of  palling  fuch  Order,  for  build- 

Aii  Debts  of  5I    ing  or  repairing  as  aforefaid  :    And  all  Debts  and  Demands  of  Five  Pounds,  Pro- 

bi7bT!LVone7uf'   claniation  IMoney^  or  under,  are  hereby  declared  to  be  cognizable  and  determinable 

^'«-  by  any  one  Juftice  ot  the  Peace,  who  may  give  Judgment,  and  thereupon  award 

Execution,    againft  the  Goods  and  Chattels,    or  Body,    of  the  Debtor,    or  Party 

at^ainft  whomluch  judgment  fliall  be  given  -,  which  fliall  be  executed  and  returned 

by  the  Sheriff  or  Conft;ible,  to  whom  directed,  in  the  fame  Manner  as  other  "Writs 

of  Fieri  Facias,  or  Capias  ad  Satisfaciendum,  are  to  be  executed  and  returned. 

Right  of  Appeal.  LXIX.  PROV  ID  ED  neverthekfs.  That  if  either  of  the  Paraes  fhall  be  dif- 
fatisfied  with  the  Judgment  given  by  luch  Juftice,  he  may  appeal  to  the  next  Infe- 
rior Court  of  Pleas  and  Quarter  Scffions,  firft  giving  Security  for  profecuting  fuch 
Appeal  with  Effeft  •,  which  Caufe  fhall  be  tried,  and  finally  determined,  the  fame 
Court,  without  any  further  Procefs,  in  the  fame  Manner  as  Caufes  are  there  tried, 
brought  by  original  Procefs  •,  and  Judgment  fliall  thereupon  be  given,  and  the  Party 
caft  ftiall  pay  the  Coft  of  all  Proceedings  had  thereon,  to  be  taxed  by  the  Court. 

joftic.rhat  trie,  LXX.  PROVIDED  mverthelefs.  That  the  Juflice  before  whom  fuch  Suit 
the  c.ufe,  not  to  was  firft  licard  and  determined,  fliall  not  fit  in  Court,  or  give  Judgment  on  the 
fit  o«  .he  Appeal,    ^rial  of  fuch  Appeal. 

Attachment  LXXI.     AND  be  it  further  EuaSfed,  by  the  Authority  aforefaid.    That  it  flial! 

glinted,  return,  ^j^^j  ^^y  bc  lawful  for  any  Creditor,  where  his  Debt  or  Demand  doth  not  exceed 
*bie  to  a  juft;ce.  ^.^^  Pounds,  Ptoclamation  Money,  to  go  before  any  Juftice  of  the  Peace,  and 
make  Oath  how  much  is  juftly  due  to  him,  and  that  he  has  Grounds  to  fufpect  that 
his  Debtor  hath,  dr  intends  to  remove  himfelf  and  Effects  privately  out  of  the 
County,  or  fo  abfconds  that  Procefs  cannot  be  ferved  upon  him  -,  and  thereupon 
fuch  Juftice,  having  firft  taken  Bond  and  Security  as  in  other  Cafes  of  Attachments, 
fhall  iffue  an  Attachment  againft  the  Eftate  of  fuch  Debtor,  returnable  before  any 
Juftice  of  the  County,  direded  to  the  Sherifi',  or  any  Conftable  of  the  County,  and 
by  Virtue  thereof,  it  fliall  be  lawful  for  fuch  Sheriff  or  Conftable  to  purlue  and  at- 
tach fuch  Effefts,  and  make  due  Return  of  fuch  Attachment;  and  the  Proceedings 
thereon  by  the  faid  Juftice  fliall  be  in  a  fummary  Way,  in  the  fame  Manner  as  on 
a  Warrant, 

LXXII.     AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  any  Jufl  ice 

fmn.tuTo  cu"    of  the  Peacc  fliall  and  may  have  Power,  and  is  hereby  authorized,  upon  Compkmt 

being  made  by  any  Perfon  or  Perfons,  for  any  Matter  or  Thing,  Debt  or  Damage, 

coRnizable 


L  A  IV  S    o/North-Carolina.  527 


cognizable  in  the  Inferior  Courts  of  Pleas  and  Quarter  Seflions  of  this  Province,  to  ^-  D.  1773 
grant  an  original  Attachment  againlt  the  Ellate  of  any  Pcrion  abfconding,  or  con-  ^— -v~  -' 
cealing,  and  removing  himfelf  out  of  the  County,  returnable  to  fucli  Court,  ob- 
ferving  therein  the  Rules  and  Reftridions  direflcd  for  granting  original  Attachments 
returnable  to  the  Superior  Courts  of  Juftice  ;  and  all  Sherifi's,  and  other  OHicers, 
fhall  execute  and  return  the  fame,  and  obferve  the  Rules  and  Direftions  appointed 
to  be  ob!'erved  in  executing  Attachments  returnable  to  the  Superior  Court,  and  the 
like  Judgment,  Recovery,  Relief,  Remedy,  and  Proceedings,  (liall  be  had  there- 
upon, as  in  the  lilce  Cales  is  grantable  in  the  laid  Siiperior  Courts. 

LXXIII.  JND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  all  ori-  ^dTod  rruS 
ginal  Procefs,  by  NVric,  or  other  Manner  or  Means,  and  all  lubfcquent  Procefs 
thereupon,  to  bring  any  Perfon  or  Perfons  to  anl'wer  to  any  Action,  Suit,  Bill,  In- 
form.ation  or  Plaint,  in  any  Inferior  Court  of  Pleas  and  Qiiarter  SefTions  (except 
Subpoenas  to  iuaimon  Evidences,  which  may  be  made  returnable  immediately)  fhall 
be  ilfuid  and  bear  Tc-il:  by  the  Clerk  of  every  Inferior  Court  of  Pleas  and  Qiiarter 
Seflions  refpedively,  and  fhall  be  returnable  on  the  Eirft  Day  of  the  fining  of  the 
Court,  and  iliall  be  executed  at  ieaft  Five  Days  before  the  Return  thereof  -,  and  if 
any  Perfon  ilfues  any  Writ  or  Procels  whiifl  fuch  Court  is  fitting,  or  within  Five 
Days  before  the  Beginning  of  the  Court,  fuch  Writ  or  Prccefs  fliall  be  returnable 
to  the  Court  next  after  that  then  fitting,  or  beginning  to  fit,  within  Five  Days  as 
aforefaid,  and  not  otherwife  \  and  all  Writs  and  Procels  iffued,  made  returnable,  or 
executed  in  any  other  Manner,  or  at  any  other  Time,  than  is  herein  before  direfted, 
miy  be  abated  upon  the  Plea  of  the  Defendant. 

LXXIV.     P RO  VI D  EB  always,  That  nothing  herein  contained  fhall  extend,    Pr'-vifo in ainu- 

■'  .  nal  Giles         ' 

or  be  conftrueJ  to  invalidate  or  vacate  any  Writ,  Procefs,  Warrant,  or  Precept, 
ifTued  by  any  JulVice  of  the  Inferior  Courts  of  Pleas  and  Qtiarter  SefTions,  on  any 
criminal  Profecution,  or  in  his  Majefty's  Behalf,  but  the  fame  may  be  returnable 
on  any  Day  in  the  fitting  of  the  Court;  and  the  Proceedings  in  all  criminal  Cafes 
fhall  be  had  according  t(j  the  Laws  and  Statutes  of  Great  Britaif!,  and  this  Province  j 
,any  Thing  herein  contained  to  the  contrary  notvvlthftanding. 

LXXV.  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  when  any  rr^r-d.  wher* 
Writ  or  Procefs  fhall  iffue  to  take  the  Body  of  any  Perfon  or  Perlbns,  to  anfwer  fhTsM'erffui'ci- 
unto  any  Plaintifr  in  any  civil  Aition  in  any  Interior  Court  of  Pleas  and  Qiiarter  v.i  c^fei. 
Seflions,  the  Sheriff  fhall  return  therewith  a  Bond,  with  Two  fufhcient  Securities, 
for  double  the  Sum  for  which  the  Perfon  fhall  be  held  in  Arrefl  (Executor?,  Ad- 
miniilrators,  and  Perfons  fued  on  Penal  Statutes,  excepted)  to  the  Clerk,  on  or 
before  the  Firlt  Day  of  every  Court;  and  if  the  Sheriff  fhail  not  return  Bail,  or 
the  B.iil  fo  returned  Ihall  be  found  infufficient,  upon  Exception  taken  thereto,  then 
and  in  fuch  Cafe  the  Sheriff  ihall  be  taken  and  ffand  Bail  for  the  Defendant,  and 
the  Plaintiff  may  proceed  in  his  Suit  to  Judgment,  according  to  the  Rules  hereafter 
mentioned,  and  on  Judgment  or  Recovery,  may  take  out  Execution  againft  the 
Defendant  or  Sheriff,  or  both  ;  any  Law,  Ufage,  or  Cuflom,  to  the  contrary, 
notwithfbanding.  Provided  always.  That  if  the  Defendant  puts  in  Bail  before  the 
Time  to  plead  given  him  by  the  Rules  hereafter  mentioned  is  expired,  then  xhe 
Sheriff  fhall  be  difcharged.  Provided  alfo.  That  the  Sheriff  may  ilirrender  the  De- 
fendant in  Difcharge  ot  iiimfelf,  at  any  Time  before  final  Judgment  ubraincd  againft 
the  Defendant. 

LXXVI.  A  ND  be  it  farther  EnacJed,  by  the  Authority  aforcfiid.  That  where  any  Kverutinn  tt>  -r- 
Judgment  or  Decree  fliall  be  obtained  in  any  Inferior  Court  of  Pleas  and  Qiiarter  ["tJr'judcm.m!' 
Stffions,  for  any  Debt,  Damages,  Portion,  or  Legacy,  or  Proportion  of  any  Intef- 
tates  Ellate,  and  the  Perfon  againfl  whom  fuch  Decree  fhall  be  obtained  fliall  re- 
move him  or  herfelf  and  Effects,  or  fliall  refide  out  of  the  Limits  of  the  Jurifdiftion 
of  fuch  Court,  it  (hall  be  lawful  for  the  Clerk  of  the  Court  where  Judgment  was 
given,  or  Decree  made,  at  the  Requeft  of  the  Party  for  whom  the  fame  was  ren- 

G  g  g  g  dered. 


52! 


L  A  i4^  8    cf     NoRT  H-C  a  r  o  l  i  n  a. 


Non  eft  Inventus 
is  returned. 


Proceeding'  on 
Attachments  the 
tame  as  in  the 
Superior   Cuuits 


J.  D.  1773.  dered,  to  iflue  a  Writ  oi  Fieri  Facias,  Capias  ad  Satisfaciendim,  or  other  Procefs, 
under  the  Tell  herein  before  prelcribed,  anci  to  direct  the  fame  to  the  SiierifF,  or 
other  Officer,  of  any  County  ot  this  Province,  where  the  Defendant  or  Debtor,  or 
his  Goods,  fhall  be  found  •,  which  faid  ShentFor  other  Officer,  to  whom  the  fame 
Ihall  be  directed,  is  hereby  impowercd  and  required  to  ferve  and  execute  the  fame, 
and  Ihall  make  return  thereof  to  the  Ccurt  where  the  Judgment  or  Dcciee  was  given, 
in  the  fame  Manner  as  if  fuch  Procels  had  ilfucd  from  the  Superior  Court  of  Juf- 
tice. 

LXXVII.  AND  for  the  better  afcertaining  what  Procefs  may  be  ifTued,  where 
the  SheriH  fhail  return  that  the  Defendant  is  not  to  be  found  in  his  Baihwick  •,  h  is 
hereby  Enacted,  That  when  any  Sheriff  fliall  make  luch  Return,  the  Plaintiff  or 
Plaintiffs,  in  any  civil  Action,  may  lue  an  Attachment  ngainft  the  Eflate  of  fuch 
Defendant,  returnable  as  is  herein  beJore  directed  tor  the  Rtiurn  of  original  or  other 
fublequent  Procefs,  thereupon  to  enforce  an  Appearance,  or  an  Alias  or  Phiries 
Capias,  until  fuch  Defendant  be  arrefled,  ac  the  iliectiun  ot  the  Plaintiff  or  Plain- 
tiffs-, and  if  the  Sheriff  Ihall  return  fuch  Attachment  executed,  the  Plaintiff  Ihall 
file  his  Declaration  according  to  the  Rules  of  the  Court,  and  be  intitkd  to  a  Judg- 
m<;nt. 

LXXVIII.  AND  he  it  further  Fjm^ed,  by  the  Authority  aforefaid.  That  the 
fame  Rules,  Methods,  and  Proceedings,  fliall  be  had,  kept,  ukci,  and  obiervtd, 
by  the  faid  Inferior  Courts  of  Pleas  and  Qiiarter  Stffums,  and  Officers,  in  the 
granting,  iffuing,  executing,  returning,  and  awarding  Judgn.ent  on  judicial  At- 
tachments, and  the  like  Remedy,  Recovery,  and  Reliei,  againft  Sheriff,  and  Bail, 
as  in  like  Cafes  is  provided  by  l.-aw  in  Suits  depending  in  the  Superior  Courts  of 
Juftice. 

Rules  of  Court.  LXXIX.  A  N  D  for  thc  regular  Profecution  and  Determination  of  Suits,  en- 
tering up  Judgments,  and  Prefervation  of  the  Records;  Be  it  therefore  Enat:ed,  by 
the  Authority  aforefaid.  That  the  following  Rules  and  Methods  fhall  be  oblervcd, 

to  wity 

That  the  Plaintiff  in  every  Suit  fnall  file  his  Declaration  on  the  Firfl  Day  of  thc 
Court,  or  firll  calling  of  thc  Caufe  in  Court;  and  at  the  fame  Time  ferve  the  De- 
fendant, or  his  Attorney,  with  a  Copy  thereof,  if  required. 

That  if  the  Plaintiff  fail  to  file  his  Declaration,  or  appear  and  prcfecute  his  Suit, 
the  Defendant  may  enter  a  ISon  Pros. 

That  the  Defendant  (hall  enter  his  Appearance,  and  file  his  Plea  in  Writing, 
whether  general  or  fpecial,  the  firll  Court ;  and  if  he  fails  to  to  do,  the  Plaintiff 
fhall  have  Judgment,  which  in  Adions  of  Debt  fliall  be  final,  except  where  Dama- 
aes  are  to  be  fuggeffed  on  the  Roll ;  in  which  Cafe,  and  in  all  others  where  the 
Plaintiff  fliall  recover  in  Dainages,  a  Writ  of  Enquiry  fhall  be  executed  the  next 
Court. 

That  the  Defendant  may  plead  as  many  feveral  Matters  as  he  fhall  think  necef- 
fary  for  his  Defence,  fo  that  he  be  not  admitted  to  plead  and  demur  to  the  whole. 

That  all  lllues,  whether  general  or  fpecial,  fliall  be  heard  and  tried  the  next  fuc- 
ceeding  Court,  unlefs  lufficient  Caufe  is  fliewn  to  fuch  Court  why  fuch  Caufes  fliall 
be  continued. 

That  all  Caufes  at  Iffue  ready  for  Trial  be  firfl:  heard  and  tried. 

That  every  Motion  in  Ai'refl:  of  Judgment  fliall  be  argued  the  lafl:  Day  of  the 
fame  Court  the  Iffue  is  tried,  the  Defendant's  Attorney  firfl:  ferving  the  Plaintiff's 
Attorney  with  a  Copy  of  the  Reafons  in  Arrefl;  of  Judgment;  unlefs,  upon  fuffici- 
ent  Reafons  fhewn,  and  approved  of  by  the  Court,  further  Time  fliall  be  allowed. 

That  when  any  fpecial  Verdiifl  fliall  be  found,  or  Demurrer  to  Evi  'ence,  at  the 
Motion  of  either  Party,  Time  fliall  be  allowed  to  the  next  fucceeding  Court  for 
hearing. 


LXXX.  AND 


L^^^S      of     NoHTH-CAROLlti  A,  y2(j 

LXXX.     AND  for  Prevention  of  Delay  and  Vexation  by  dilatory  Pkas,  //  is    ^'  1^-    1773- 
hereby  further  Enacted,  That  no  Piea  in  Ab.icenient  fliali  be  received  in  any  Adion     *^^^^^!^[^,^ 
or  Suit,  uiilels  the  Truth  thereot  be  lufficiently  Ihewn  to  the  Court,  by  AlHdavit    prtvc.uu. 
or  othtrwiki    and  in  all  iidliuns  where  the  Declaration  ihail  plainly  let  torth  fufli- 
cient  Matter  of  Subll^r-ce  for  the  Court  to  proceed  upon  the  Merits  of  the  Caule, 
the  Suit  (liall  not  abate  for  Want  of  Form  ;  and  that  when  any  Plea  in  Abatemenr. 
ihall  be  pleaded  in  any  Attionj  and  upon  Argument  thereof  the  fame  fhall  be  judged 
inlufficiciu,  the  Plaintiff  or  Plaintiffs  in  luch  Atlion  lliall  recover  againfl  the  De- 
fendant or  Defendants  full  Coifs  to  the  Time  of  ov'eruling  fuch  Plea,  including  the 
Colls  ot  that  Court,  a  Lawyer's  Fee  only  excepted. 

LXXXI.  AND  for  granting  Appeals  from  the  Inferior  Coiirts  of  Pleas  and  Appeals  g.anted. 
Qiiarter  SelUons  to  the  Superior  Courts  of  Juflice,  and  obtaining  Writs  of  Error 
to  the  laid  Courts  •,  Be  it  jurthir  Enacted,  by  ihe  authority  aforefaid.  That  when  any 
Peribn  or  Peribn>,  either  PiaintifFor  Defendant,  Ihall  be  diffatisfied  with  the  Judg- 
ment, Sentence,  or  Decree,  of  any  Inferior  Court,  he  may  pray  an  Appeal  from 
the  Judgment,  Sentence,  or  Decree  of  fuch  Courts  to  the  bupciiar  Court  of  Jultice 
of  the  DiltriA  wherein  fucli  Interior  Court  of  Pleas  and  Qiiarter  Seffions  is  htld  ; 
but  bcfure  obtaining  the  fame,  fhail  enter  into  Bond,  with  I'wo  fufficient  Securities, 
for  profecuting  the  fame,  and  for  performing  the  Judgment,  Sentence,  or  Decree, 
that  the  Suptrior  Court  Hiall  enter  or  make  thereon,  in  Cafe  fuch  Appellant  (hall 
be  call. 

LXXXII.  i\ND  becaufe  it  may  happen  that  in  ifTuing  Prdcefs,  carrying  on  w.its  cf  Errot 
the  Proceedings,  and  rendering  Judgments  in  the  faid  Inferioi-  Courts  of  Pieas  and  a'^^'"^"*- 
Quirter  SeiTions,  there  may  be  Error  to  reverie  Judgments ;  Be  it  Enacted,  That 
when  any  Defendant  is  defirous  to  proiecute  a  Writ  of  Error,  he  Ihall  move  the 
Inferior  Court  of  Pleas  and  Quarter  SefTions  where  fuch  Suit  is  depending,  to  allow 
a  Writ  of  Error,  he  firil  entering  into  Bond  as  afore-mentioned ;  and  the  Court  is 
hereby  impowered  and  required  to  allow  thereof,  as  if  fuch  Writ  of  Error  was  then 
and  there  produced. 

LXXXIII.  AND  for  carrying  on  and  profecuting  fuch  Appeals  and  Writs  of  h  w  picfecutd. 
Error,  Be  it  Ena  fed,  by  the  ntthority  aforefaid.  That  the  loUowing  Rules  and  Me- 
thods of  Practice  fhail  be  obfcrved,  to  wit.  That  when  any  Perion,  either  Defendant 
or  Plaintiff,  conceives  he  is  injured  by  the  Judgment,  Sentence,  or  Decree,  of  any- 
Inferior  Court,  and  fhall  have  appealed  to  the  Superior  Court,  in  Manner  above 
diredled,  a  Tranfcript  of  the  Proceedings  of  the  Interior  Court  Ihall  be  filed  by  the 
Clerk  of  fuch  Superior  Court  Fifteen  Days  before  the  fitting  of  the  Court;  and  if 
the  Trial  in  the  Inferior  Court  was  of  an  Iffue  to  the  Country,  a  Trial  de  Novo  (hall 
be  had  ;  and  if  on  a  hearing  on  a  Petition  for  a  iiiial  Portion  or  Legacy,  or  Diftri- 
bution  of  an  Inttftate's  Ellate,  or  other  Matter  thereto  relating,  a  re-hearing  at  the 
faid  Court,  without  Notice  given  by  either  Party ;  and  if  fuch  Tranfcript  of  the 
Proceedings  is  not  filed  within  the  Time  aforefaid  with  the  Clerk  of  the  Superior 
Court,  or  if  the  Appellant  fhall  fail  to  appear  and  profecute  his  Appeal,  then  the 
Judgment,  Sentence,  or  Decree,  of  the  Inferior  Court,  fliall  be  affirmed,  and  the 
Appellant  Ihall  be  adjudged  to  pay  double  Colts,  provided  that  there  fiiall  be  Thirty 
Days  between  the  Day  of  Trial  or  Hearing  in  the  Inferior  Court  and  the  next  Supe- 
rior Court ;  but  when  it  fo  happens  that  there  are  not  Thirty  Days  between  fuch 
Trial  or  Hearing  and  the  Superior  Court,  fuch  Appeal  fhall  be  continued,  and  a 
Tranfcript  of  the  Proceedings  tranfmitted  to  the  Superior  Court  next  after:  And 
where  any  Dc^fendant  will  profecute  a  Writ  of  Error,  he  may  move  the  Inferior  Court 
where  the  Trial  is  hid,  and  enter  into  Bond,  with  Security,  as  before-mentioned  ; 
whereupon  a  Tranfcript  of  the  Proceedings  fhall  be  filed  v/ith  the  Clerk  of  the  Su- 
perior Court  Fifteen  Days  before  the  Court,  and  the  Party  profecuting  fuch  Writ 
of  Error  fhall  affign  and  file  Error  the  firft  Four  Days  of  the  Court;  °and  in  Cafe 
fuch  D.-fendant  fhall  negleft  to  file  fuch  Writ,  and  affign  Error  as  aforefaid,  or 
fhall  fail  to  appear  and  profecute  the  fame,  then  the  Judgment  of  the  Inferior  Court 

fhali 


530  LAWS    of    Nor  T  H -C  A  R  o  L  I  N  A. 

^.   D.  1773.  fhall  be  affirmed,  and  the  Plaintiff  in  Error  ihall  be  adjudged  to  pay  double  Cods-, 
^''-''-^r — •*     provided  that  there  fhall  be  Thirty  Days  between  fuch  Motion  lor  obtaining  a  W'ric 
of  Error,  and  the  Time  of  holding  the  Superior  Court. 

On  Appeals,  LXXXIV.     A N D  bc  it  fuTther  Etia^ed^  by  the  Authcrity  afcrefaid.  That  in  every 

rp"a*"R"coiTtf  Interior  Court  within  this  Province,  when  an  Appeal  fhall  be  granted,  or  Writ  of 
i^rocciduigs  for  Error  allowed,  the  Clerk  ot  fuch  Court  fhall  immediately  make  up  a  full  and  per- 
the  Appaut.  ^^^^  Record  of  all  the  Proceedings  in  fuch  Caule;  and  fhall,  within  Ten  Days  after 
the  Adjournment  of  the  Court,  give  an  attefted  Copy  of  fuch  Record,  with  a  Tax- 
ation ot  all  Cofl:;  accrued,  to  the  Pcrlon  appealing,  or  to  whom  the  Writ  cf  Error 
is  allowed,  if  recjuired  ;  and  every  Clerk  negieding  to  do  the  i^ime,  fhall  forfeit  and 
pay  to  the  Perfon  intitled  to  fuch  attefted  Copy,  the  Sum  of  Five  Pounds,  Procla- 
mation Money  ;  to  be  recovered  by  Adion  of  Debt,  Plaint,  or  Information,  in 
any  Court  of  Record  -,  and  the  faid  Clerk  ihall  be  further  liable  to  an  Adion  on  the 
Cafe,  for  all  fuch  Damages  as  fuch  Perion  fliall  fuftain  for  Want  thereof. 


Aflions  t.a.fp  f-  LXXXV.  AND  be  it  further  Enabled,  by  the  Authority  afcrefaid^  That  all  Caufe?, 
cd  to  the  prtftnt  Adlons,  Suits^  Writs,  Plaints,  Procefs,  Recognizances,  Indictment?,  and  Pro- 
Coun  Dockets,  fgntments  whatfoever,  heretofore  commenced,  and  not  yet  determined,  in  either  of 
the  late  Inferior  Courts  of  Pleas  and  Quarter  SefTions  in  this  Province,  or  fuch  as 
fhall  be  returnable  to,  or  had,  or  fhall  have  Day  or  Days  in  any  of  the  faid  Courts, 
or  other  Matters  or  Things  in  them  depending,  not  fully  determined,  after  the 
pafTing  of  this  Ad,  fhall  be  tranlpol'ed  and  carried  ofT  the  Dockets  of  each  of  the 
faid  late  Interior  Courts,  into  the  Dockets  of  the  fcveral  Courts  by  this  Ad  efla- 
blilhed,  in  the  fame  Order  in  which  they  fhail  then  ftand  on  the  Dockets  of  the  faid 
late  Inferior  Courts  refpedively,  and  fhall  be  proceeded  on  by  the  faid  Courts  ac- 
cording to  the  Method  by  this  Ad  dirtded,  as  if  the  fame  had  been  originally 
commenced  therein. 

Procefs  in  fhe  LXXXVI.  AND  be  it  further  EnaSled^  by  the  Authority  afcrefaid^  That  all 
cogmz'ib.Tirthe  Writs  and  other  Procefs,  and  all  Suits  and  Proceedings  whatfoever,  iflued,  granted, 
prefeiitCoBits,  q^  prolecutcd  in  any  of  the  faid  latfe  Inferior  Courts,  wherein  Judgment  hath  been 
entered  or  Decree  made,  fhall  and  may  be  taken  Cognizance  of  by  the  faid  Courts 
of  the  refpedive  Counties  by  this  Ad  tflablifhed-,  and  fuch  Courts  may  relpedively 
award  Execution,  or  other  necefTary  Proceedings  on  fuch  Judgment  or  Decree,  in 
the  fame  Manner  as  if  fuch  Suit  had  been  originally  commenced  in  fuch  Court  by 
this  Law  hereby  eftablifhed ;  any  Law,  Ufage,  or  Cuflom,  to  the  contrary,  not- 
withflanding, 

Sufpendingciaufe.       LXXXVII.     PROVIDED,    That  the  Execution  of  this  Ad  be  fufpended 
and  deferred,  till  his  Majefly's  Royal  Will  and  Pleafure  be  known  thereupon. 


C  H  A  P,     II. 

An  Act  for  regulating  the  Town  /?/ Hertford,  and  other  Purpofes. 

Preamble.  I.  \"f  7H  E  R  E  A  S  from  many  unavoidable  Hindrances,  it  hath  been  impradi- 

YY     cable  for  the  Proprietors  of  Lots  in  the  Town  of  Hertford  to  complete 
the  Buildings  on  the  Lots  in  the  faid  Tov.'n ; 

Lots  refted  in  II.  5  £  //  EuaHed,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  cf 
the  Grantees.  the  fame.  That  every  Lot  in  the  faid  Town,  on  which  a  Houfe  fhall  be  ereded  and 
built,  of  the  Dimenfions  mentioned  in  an  Ad  cf  AfTembly,  intituled.  An  Alt  for 
efiabiiflnng  a  Town  on  the  Lands  of  Jonathan  Phelps,  in  Perquimons  County  -,  or  in 
another  A6t  of  AiTembly,  intituled.  An  /]5t  for  enlarging  the  Time  allowed  for  faving 
Lots  in  the  Tozvn  of  Hertford,  and  other  Purpofes ;  or  in  one  other  Ad  of  AfTembly, 
intituled.  An  Aci  to  continue  an  Atl,  intituled.  An  A^  for  enlarging  the  Time  allowed 
for  faving  Lots  in  the  Town  of  Hertford,  a7ui  other  Purpofes,  and  to  efiablifb  a  Ferry 

from 


LAWS      (?/'     N  O  R  T  II  -  C  A  R  O  L  I  N  A.  5  ^  [ 


jrom  the 'Town  <?/ Hertford,  on  the  Weft  Side  i?/ Perquimons  River,  to  Newby'j  Point,  -^-  -O-  ^77 3. 
on  the  Eaft  Side  of  the  faid  River,  within  the  Space  of  Five  Years  next  after  the  paf-  '*-—* v~— ' 
fing  of  this  AA ;  and  alio  every  Lot  therein  which  fhall  be  hereafter  fold  or  con- 
veyed, on  which  fuch  Houfe  fhall  be  ereded,  within  the  Space  of  Five  Years  after 
the  Date  of  the  Conveyance  executed  for  the  fame,  {hall  and  is  hereby  declared  to 
be  vefted  in  the  Grantee  thereof,  and  his  Heirs  and  Affigns,  in  F"ee-Simple ;  any 
Thing  contained  to  the  contrary  in  any  of  the  faid  recited  Afts,  notwithflanding. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  vvhen  any  Lot    L-pfc;  Lots  toie 
in  the  faid  Town  fliall  hereafter  lapfe  by  Reafon  of  its  not  bting  built  on,  the  Di-   '"'''• 
reftors  and  Truflees  of  the  faid  Town,  or  the  Majority  of  them,  Ihall  and  may,  and 

they  are  hereby  directed  and  required,  to  fell  fuch  Lot  at  Public  Vendue,  lor  the 
bed  Price  that  can  be  got,  and  to  give  the  Purchalers  a  Deed  of  Bargain  and  Sale 
for  the  Lot  by  him  fo  purchafed. 

IV.  AND  whereas  there  are  fevcral  Lots  in  the  faid  Town  which  have  never   L-t;  to  be  dra^a 
been  drawn  in  Manner  directed    by  Law,  Be  it  further  Enacted^    by  the  Authority   ^''' 
aforefaid.  That  the  Dire(5lors  hereafter  appointed,  and  each  or  either  of  them,  are 
imp)v/cred  and  required  to  take  Subfcriptions  for  the  faid  Lots,  or  lo  many  of  them 

as  ihall  be  fubfcribed  for  within  Six  Months  after  the  pafling  of  this  Adl ;  and  when 
the  Dire6lors  have  taken  fuch  Subfcriptions,  fhall  appoint  a  Day,  and  give  Public 
Notice  to  the  Subfcribers  of  the  Day  appointed,  for  drawing  the  faid  Lots,  which 
Ihall  be  done  by  Ballot,  in  a  fair  and  open  Manner,  by  the  Direftion,  and  in  the 
Prefence  of  the  Majority  of  the  faid  Directors  ;  a.ul  luch  Subfcriber  fhall  be  intitled 
to  the  Lot  and  Lots  which  fhall  happen  to  be  drawn  for  him,  and  ccrrefpond  with 
the  Mark  and  Number  contained  in  the  Plan  of  the  laid  Town  :  And  the  Diredtors 
or  a  Majority  of  them,  fhall  execute  and  deliver  Deeds  for  granting  and  conveying 
the  faid  Lots  to  the  Subfcribers,  thdr  Heirs  and  AfUgns,  for  ever,  and  alfo  to  every 
other  Perfon  v/ho  fhall  purchafe  any  other  Lot  or  Lots  in  the  faid  Town,  at  the 
Coft  and  Charges  of  the  faid  Grantee  to  whom  the  faid  Lot  or  Lots  fiTall  be  con- 
veyed ;  and  every  Perfon  claiming  any  Lot  or  Lots  by  Virtue  of  any  fuch  Convey- 
ance, fhall  and  may  hold  and  enjoy  the  fame  in  Fee-Simple:  And  if  any  Lot  or 
Lots  fhould  not  be  fubfcribed  for,  and  drawn  in  Manner  by  this  A6t  direded,  the 
fame  fhall  be  fold  at  Public  Vendue,  by  Diredion  of  the  Diredors,  or  a  Majority 
of  them,  and  Deeds  fhalj  be  made  for  fuch  Lots  to  the  beft  Bidders  refpedivelv,  in 
the  farni  Manner  as  for  fuch  Lots  as  may  be  drawn  as  before  direded. 

V.  A  N  D  be  it  further  Enacted,  by  the  Authority  oforefaid.  That  each  refpeftive  Pu-diarers  of 
Subfcriber,  or  Purchafer  of  fuch  Lot  or  Lots  in  tiie  faid  Town,  fhall,  within  One  ^'"^ '^ '''>^^'- 
Month  after  it  fhall  be  afcertained  to  whom  each  of  the  faid  Lots  doth  belong,  in 

Manner  herein  before-mentioned,  pay  and  fatisfy  to  the  faid  Diredors  Forty  Five 
Shi'lings,  Proclamation  Money,  for  each  Lot ;  Forty  Shillings  of  which  Sum  fnall 
be  paid  over  to  the  Heir  at  Law  of  the  faid  Jonathan  Phelps,  deceafed,  in  full  Satif- 
faflion  for  the  faid  Land,  and  the  other  Five  Shillings  fhall  be  applied  towards  de- 
fraying the  Expence  of  laying  olf  and  improving  the  faid  Town,  as  a  Majority  of  the 
Diredors  Ihall  think  proper ;  And  in  Order  to  do  Jullice  to  the  Heirs  at' Law  of  the 
faid  Jonathan  Phelps,  for  luch  Lots  as  may  be  fold  at  Vendue,  there  fhall  be  paid 
out  of  the  Sale  of  fuch  Lots  the  whole  Amount  of  the  Sales,  if  not  more  than  Forty 
Shillings  for  eich  Lot,  on  an  Average  ;  and  that  all  above  that  Sum  fhall  be  applied 
by  the  Dircdors  for  the  Benefit  of  the  faid  Town,  in  Manner  as  by  this  Ad  direded  : 
And  in  Cafe  of  a  Refufal  or  Negied  of  any  of  the  Subfcribers  or  Purchafers  of 
Lots  to  pay  their  refpedive  Sums,  the  faid  Diredors  fhall  and  may  v/arrant  or  fue 
the  Perfon  or  Perfons  (according  to  the  Dignity  of  the  Debt)  in  their  ov/n  Names, 
and  therein  fliall  recover,  with  Cofls. 

VL  AND  whereas  the  Plan  of  the  faid  Town  is  thought  to  be  incorred  and  Drffl-rstotnaice 
uncertain ;  Be  it  Enabled,  by  the  Authority  oforefaid.  That  the  Diredors,  or  a  Majo-  ,,i^;|;"';"[j;j:  ""'' 
rity  of  them,  fhall  have  full  Power  and  Authority  to  meet  as  often  as  they  fliall  think 

H  h  h  h  nccefliiry. 


532  Zr  ^  ^5    f/     North-Carolina. 

A.  D.  1773.    necefTary,  and  caufe  a  Re-Survey  of  the  faid  Town,  and  a  Plan  to  be  made  from 
^-"""^f"^     the  faid  Re-Survey,  and  therein  to  infert  a  Mark  or  Number  to  each  Lor,  and  fliall 
give  the  Courfes  and  Diftance  of  each  fcveral  Street  and  Lot  in  the  iaid  Town. 

Nott.,aff.ftPur.  VII.  PROV IDED  neverthckfs.  That  if  any  Houfe  hath  been  built  on  any 
.its.  gfpgg,.^  "Lot,  or  Common,  in  the  faid  Town,  contrary  to  the  Intent  and  Meaning 
of  the  feveral  before  recited  Ads,  the  Proprietor  of  fuch  Houfe  fhall  not  be  injured 
by  the  faid  Re-Survey ;  but  fuch  Houfe,  and  the  Ground  whereon  it  Hands,  ilial], 
and  is  hereby  declared  to  belong  to  the  faid  Proprietor  or  Proprietors,  his,  her,  or 
their  Heirs  or  Afligns,  any  Thing  in  the  before  recited  Acts  to  the  contrary,  not- 
withflanding; 

Commons  to  be       VIII.     AND  whercas  in  the  Plan  of  the  faid  Town,  heretofore  taken,  there  is 
*°'^"  common  Ground  left  between  the  Streets  and   the  River,  where  Warehoufes  and 

Wharfs  might  be  built,  for  the  Benefit  and  Convenience  of  Commerce;  Be  it 
Enacted^  by  the  Authority  aforefaid^  That  the  Direftors,  or  a  Majority  of  thtm,  aie 
impowered  and  required  to  lell  fuch  Pieces  of  Ground  as  may  be  confidered  the  Com- 
mons of  the  faid  Town,  as  lliall  be  by  them  judged  conveniently  fituated  ior  fuch 
Buildings  and  Improvements,  at  Public  Vendue,  to  the  hightfl  Bidder,  and  to  make 
proper  Deeds  and  Conveyances  for  the  fame ;  and  the  Money  arifing  from  fuch 
Sale,  to  be  applied  towards  the  Benefit  of  the  faid  Town, 

Lots  oppohfe  to        j^_     PROVIDED  ncvcrthekfs^  That  when  any  Lot  has  been  heretofore  drawn, 
cnce,    "   "    '    fold,  or  convcycd,  and  is  now  the  Property  of  any  Perfon  or  Perfons  next  cppofite 
to  which  fuch  Lot  or  Lots  belong,  en  tendering  and  paying  to  any  One  or  more  of 
the  Diredlors,  within  Six  Months  after  the  paffing  hereof,  the  Sum   of  Twenty 
Shillings,  Proclamation  Money,  the  Diredors  fhall  make  and  execute  a  Deed  or 
■     ■  Deeds  for  them,  in  the  fame  Manner  as  is  before  dirededj  and  the  Mcney  to  be 

applied  as  herein  before  directed. 

Dircaorstn  gife  X.  A  N D  bs  it  furthcr  Efiactcd^  by  the  Authority  aforefaid.  That  the  Diredlors, 
S  L,u.'  "'  or  a  Majority  of  them,  fhall,  on  Application  of  any  Perfon  or  Perfons  who  hath  al- 
ready faved,  or  fhall  hereafter  fave  any  Lot  or  Lots  within  the  faid  Town,  give  fuch 
Perfon  or  Perfons  a  Certificate  of  the  Lot  or  Lots  having  been  fo  faved,  agreeable 
to  Law  ;  which  fliall  be  proved  or  acknowledged,  and  regiftered  in  the  faid  County 
of  Perquimans,  at  the  proper  Coft  and  Charges  of  the  Perfon  or  Perfons  requiring 
fuch  Certificate-,  and  the  iaid  Lot  or  Lots  Ihall  thereafter  be  held,  deemed,  and 
taken,  to  be  futBciently  faved,  and  fhall  continue  to  be  the  Property  of  the  Grantee 
or  Grantees  thereof,  his,  her,  or  their  Heirs  or  Afllgns,  for  ever-,  any  Thing  in 
this,  or  any  of  the  before  recited  Afts,  to  the  contrary,  notwithflanding. 

Overieer  of  the  j^I.  A N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fhall  and 
pX^eJ.'"'"''^"  may  be  lawful  for  the  Inferior  Court  of  Perquimcns  County,  and  thty  are  hereby  di- 
refted  and  required,  within  Six  Months  after  the  pafTing  of  this  Aft,  and  from  lime 
to  Time  thereafter,  as  Occafion  may  require,  to  appoint  an  Ovtrfeer  to  work  en 
the  Streets  and  Alleys  of  the  faid  Town,  v.ho  fhiall  have  equal  Power  and  Authori- 
■  ty,  and  be  liable  to  the  like  Pains  and  Penalties,  as  other  Overfeers  -,  and  the  Inha- 
bitants of  the  faid  Town  fhall,  at  all  Times  hereafter,  by  Order  of  the  Overfeer, 
v/ork  on  the  Streets  and  Alleys  of  the  faid  Town,  in  the  fame  Manner,  and  under 
the  fame  Penalties,  as  ethers  are  liable  to,  in  and  by  an  Act  of  AfTembly,  intituled. 
An  Act  to  impoiver  the  Inferior  Courts  of  the  fevercl  Counties  in  this  Province  to  order 
the  laying  out  of  Public  Roads,  and  ejlablifi  and  fettle  Ferries,  and  to  appoint  where  Brid- 
ges floaltbe  built,  for  the  Ufe  and  Eafe  of  the  Inhabitants  of  this  Province,  and  to  clear 
navigable  Rivers  and  Creeks  :  And  the  Overfeer,  and  Inhabitants  of  the  faid  Town, 
fhall  not  be  liable  to  work  on  any  other  Road  hereafter  j  any  Law,  Ufage,  or  Cuf- 
£om,  to  the  contrary,  notwithflanding. 

Xn.  AND 


L  jI  fV  S     of    N  OUT  h-Caro  L  1  ti  A.  537 


XII.  AND  bs  it  further  Ena!led,  by  the /lutbority  afcrefaid,  Thzith&Ovtrktr^    A.  13.    1773. 
wirhin  Six  Months  atter  his  Appointmenr,  Ihall  caufe  all  Fcrions  liable  to  v/ork  on    J^""  ^— " 
the  Streets  and  Alleys  of  the  faid  Town,  to  make  a  lufficient  Fence  from  and  to  the   be'Zde?"''  ^° 
Water,    on  each  Side  of  the  faid  Town,    in  the  moil  convenient  Place,  and  ihall 

hang  a  Gate  or  Gates  at  one  or  more  of  the  molt  Public  Streets  of  the  laid  Town, 
as  Occafun  may  require;  and  the  faid  Overker  and  Company,  for  the  Time  being, 
fliali,  from  Time  to  Time,  and  at  all  Times  thereafter,  keep  the  faid  Fence  and 
Gates  in  good  and  fu.Hcient  Repair,  under  the  like  Fines  and  P'orfcitures,  as  for 
negle-ling  to  work  on  the  Streets  and  Alleys  of  the  faid  Town. 

XIII.  AN  D  be  it  f:{riber  Em^eJ,  by  the  Authority  aforefaid.  That  no  Inhabitant    "•?'  ":*  »<>  '»n 
of  the  f:.id  I'o-.vn  ihali,  on  any  Pretence  whatfoever,  keep  any  Hog  or  Hogs,  Shoat   "'"'s  J'T-^'""- 
or  Pigs,  running  at  large  within  the  Bounds  of  the  laid  Town,  on  Penalty  of  for- 
feiting and  payirg  the  Sum  or  Twenty  Shillings,  Proclamation  Money,  to  the  Party 
aggriev.-d  ;  asrJ  lurther,  that  it  Hiali  and  may  be  lawful  for  any  Perfon  whatfoever, 

after  the  Firlt  Day  oi  January  ntxt,  to  flioor,  kill,  or  otherwile  deftroy,  fuch  Hog 
,or  Hogs,  Shoat  or  Pig,  lb  running  at  large  in  the  faid  Town. 

XIV.  PROVIDED  al-j::ays.  That  the  Perfon  or  Perfons  killing  fuch  Hog  or   Prpe-ty  pr.rr»- 
Hz-gs,  Shoat  or  Pigs,  fliall  not  be  intitled  to  them  ;   but  the  fame  fliail  continue  the   "'' '"  mcOwncr. 
Pr  'pcrty  of  the  Owner,    who  n^,ay  take  the  fame  to  his,  her,  or  their  Ufe  and  Be- 
nt fii". 

XV.  AND  whereas  feverai  of  the  Direftors  of  the  fiid  Town  are  dead,  whereby      Dir-^ors  ap. 
their  OfHces  are  become  vacant;    Be  it  further  Enacted.,    by  the  Authority  aforefaid.,    P'""^='^- 
That  from  and  after  the  paffing  of  this  Ad,  Selh  Sumner.,  William  Skinner,   .'-.nareix) 

Knox,  Nathaniel  Williams,  and  TLomas  Harvey,  be,  and  are  hereby  appointed  Di- 
rectors of  the  laid  Town,  and  may  ufe  and  cxcrcife  the  fame  Powers  and  Authori- 
ties, as  the  Diredors  appointed  by  the  before  recited  Ad  could  or  might  have  tx- 
ercifed,  ufed,  or  enjoyed,  by  Virtue  of  the  f:me  :  And  in  Cafe  of  the  Death,  Re- 
fufal  to  ad,  or  Removal  out  of  the  County,  of  one  or  more  of  the  faid  Diredors, 
the  furviving  or  other  Diredors,  or  a  Majority  of  them,  fluU,  and  they  are  hereby 
impjwered  and  required,  to  choo.f^e  another  Diredlor  or  Directors,  in  the  Room  of 
him  or  them  fo  dying,  rei'unng  to  act,  or  removing  out  of  the  County,  agreeable  to 
the  Directions  of  th.  laid  Act. 

XVI.  AND  whereas   the  Court-IIciife  in  Terqiiimor.s  County  is  fituate  in  the    --^ ''•'''  f-"-  a 
Town  o\  Hertford,  on  the  Well  Side  oi  Per q-mnons  River,  and  the  Inhabitants  on    ^"'"'^'"y* 
the  Eaft  Side  ot'  the  faid  River  are  obliged  to  attend  at  the  faid  Court- Houfe  during 

the  fitting  of  the  lofenor  Court,  at  the  Election  of  Members  of  Afiembly  an.l  Vel^ 
trymen,  General  Muffers,  and  Court  Martials  of  the  faid  County,  and  the  Act  of 
A-ffrmbly  heretofore  made  for  defraying  the  Expences  of  fuch  Ferriage  is  near  ex- 
piring ;  Be  it  therefore  Ena:;eJ,  by  the  Authority  aforefaid,  I'hat  the  Inferior  Court  cf 
the  (aid  County  ol  Perquin:ons  are  hereby  authorized,  impowered,  and  required,  at 
the  next  Court  to  be  held  after  the  Firfl;  Day  of  May,  yearly,  to  lay  a  Tax,  not  ex- 
ceeding Three  Pence,  Proclamation  Money,  on  each  taxable  Perfon  in  the  faid 
County,  to  be  collected  and  accounted  for  with  the  Inferior  Court  of  the  faid  Coun- 
ty, by  the  Sheriff  of  the  faid  County,  in  the  fame  Manner,  and  under  the  like  Re- 
gulations and  Rcitrictions,  zs  ether  Taxes  of  the  faid  County  are  to  be  collected  and 
accounted  for,  and  to  be  by  the  faid  Court  applied  and  appropriated  as  a  Premium 
or  Reward  to  fevcral  Ferrymen  now  apjx)inLed,  or  hereaJtcr  to  be  appointed  by  the 
Court  of  the  faid  County,  to  keep  a  Ferry  from  Hertford  to  Newbfs  Point,  and 
from  A^r^'i^y's  Point  to  tlcrlford;  lor  which  they  Ihall,  and  are  hereby  obliged,  to 
fet  over.  Ferriage  free,  all  i-'erfons  rcfident  in  the  faid  County,  going  and  returning 
from  the  Court  or  Vcftry  of  the  laid  County,  Elcdion  of  Members  of  Affcmbiy  and 
Veflrymien,  Multers,  and  Court  Martials  of  the  faid  County. 

XVII.  AND 


534 


LAWS    of    No  RTH -Carolina. 


A.   D.  1773. 

Court  to  pay  the 
Feirymen, 


I'eifons      to     be 
Ferry  free. 


Ferrv  Keepers  to 
|ive  B>nd. 


Fines  how  reco- 
'terible. 


XVII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid^  That  the  Infe- 
rior Court  of  the  faid  County  are  hereby  authorized,  impowered,  and  required,  out 
of  the  Monies  arifing  by  the  Tax  fo  laid  and  collected  as  aforefaid,  yearly,  and  every 
Year,  to  allow  and  pay  to  the  feveral  Ferrymen  attending  at  the  Ferry  aforefaid, 
fuch  Sums  of  Money  as  they  fnall  think  reaionable,  for  their  Trouble  in  tranfporting 
all  Perfons  who  fhall  or  may  have  Occafion  to  attend  the  faid  Court-Houle  on  the 
Days  and  Times  aforefaid. 

XVIII.  AND  be  it  further  Ena"ed,  by  the  Authority  aforefaid.  That  the  Fer- 
rymen that  now  are  appointed,  or  (hall  hereafter  be  appointed  by  the  Court  of  the 
faid  County,  to  keep  a  Ferry  at  Hertford  and  Ncx-hys  Point,  are  hertby  required 
to  ferry  over  the  faid  River,  free  from  any  Expence,  all  Perions  refident  in  the  faid 
County,  during  the  fitting  of  the  Inferior  Court  and  Veftry  of  the  County,  and  alfo 
all  Perfons  whatever  on  the  Days  of  Ekftion  of  Members  of  Aflembly  or  Vefirymen, 
and  aifo  all  Perfons  going  to,  and  returning  from,  the  Mufters  and  Court  Martials 
of  the  faid  County,  under  the  Penalty  of  forfeiting  and  paying  the  Sum  of  Ttn 
Shillings,  Proclamation  Money,  for  each  Neglect  or  Refufal ;  to  be  recovered  by 
a  Warrant,  on  Proof  made  before  any  Magiftrate  of  the  faid  County. 

XIX.  A N D  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  it  ILall  and 
may  be  lawful  for  the  Juftices  of  the  faid  Court  to  take  Bond  and  Security  of  the 
faid  Ferry  Keepers,  in  the  Sum  of  Twenty  Pounds,  Proclamation  Money,  for  their 
due  and  faithful  Performance  of  the  Duties  enjoined  by  this  Act ;  and  that  all  Fines 
that  fhall  be  recovered  againft  any  Ferry  Keeper  in  Virtue  of  this  Act,  fhall  be  paid 
to  the  Juftices  of  the  faid  Court,  to  be  by  them  applied  towards  defraying  the 
Charges  of  the  County ;  and  all  other  F'ines  by  this  Adt  impofed  fhali  be  recovera- 
ble by  the  Directors,  or  a  Majority  of  them,  and  applied  towards  the  Benefit  of  the 
faid  Town. 


CHAP.     III. 

An  A£i  to  regulate  and  afcertain  the  Fees  of  the  Clerks  of  the  Pleas  in  the  Superior  and 
Inferior  Courts  in  this  Colony^  dir  effing  the  Method  of  ■paying  the  fame,  and  for  taxing 
Law  Suits. 

Preamble.  I.  ^ "¥  T  H  E  R  E  A  S  frequcnt  Complaints  have  been  made  that  the  Fees  of  the 

VY     Clerks  of  the  Superior  and  Inferior  Courts,  as  regulated  by  former  Acts 
of  Aifembly,  are  doubtful  and  ambiguous :  For  Explanation  whereof, 

11.  BE  it  Ena5ied,  by  the  Governor,  Council,  and  Affemhly,  and  by  the  Authority  of 
the  fams.  That  for  the  future  th,"  following  Fees  only  Ihall  be  teceivtd  by  the  Clerks 
of  the  Superior  and  Inferior  Courts,  and  no  other  or  greater  Fees  or  Charges  what- 
foever  Ihall  be  deemed  or  conftrued  to  be  allowed  by  the  former  Acts  of  Aflembly, 

to  ivit. 


Clerks  Fees  regu- 
lated. 


F""or  every  Writ  or  leading  Procefs  returned  to  the  firft  Court,  and  all  fubfequent 
Procefs,  Appearances,  Pleas,  Rules,  Orders,  and  other  Services  neceffary  thereon, 
until  the  making  up  an  IfTue  inclufive  ;  and  alfo  for  DifmilTion  or  final  Judgment, 
where  either  happens,  or  for  Confeflion  of  Judgm.enr,  to  the  Cltrk  of  the  Court, 
Fourteen  Shillings. 

For  every  Continuance  or  Reference  of  every  Caufe  after  the  fecond  Court,  in- 
cluding all  Fees  for  every  Service  neceffary  thej-eon.  Four  Shillings. 

For  the  Court  at  v/hich  the  Caufe  is  determined,  including  all  Fees  for  every  ne- 
ceffary Service  thereon,  and  entering  final  Judgment  inclufive.  Eighteen  Shillings. 

For  every  Subpcena,  provided  the  Party  infert  no  more  than  Four  Witneffes  in 
the  lame.  Two  Shillings. 

For  every  Execution  or  Order  of  Sale,  when  necefiary,  ifilied  and  returned,  in- 
cluding all  Services  thereon,  with  taxing  Cofts,  and  Copy,  and  entering  Satisfacti- 
cn,  Five  Shillings.  For 


L   A  ly   S     of     N  O  K  T  a  -  C  A  R  O  L  I  N  A. 


535 


For  every  Scire  Facias  againft  Bail,  vviih  making  up  an  IlTue  thereon,  or  entering    yf.  D.    1773^ 
Judgmenr,    without  Plea,    including  all  Fees  for  every  Service  neceflary  thereon     »»— -v^Ui° 
(provided  that  the  Party  paying  Coils  fhail   not  be  fubjea  to  this,  unlefs  the  Scire 
Facias  is  requilite,  and  required  by  the  Plaintiff)  Eight  Shillings. 

For  giving  a  Copy  of  tlie  Record  of  any  Cauie,  when  demanded  by  either  of  the 
Parties,  Six  Shijiings. 

For  every  Order  or  Rule  of  Court,  made  on  Matters  foreign  to  the  Suits  depend- 
ing in  Court,  and  Copy  thereof,  when  demanded.  Two  Shillings  and  Eight  Pence. 

For  entering  en  the  Minutes  the  Probate  of  a  Will,  qualifying  Executors,  mak- 
ing Certificate,  recording  the  Will,  and  giving  Copy  thereof.  Ten  Shillings  and 
Eight  Pence, 

P'or  granting  Adminiftration,  taking  Bond,  and  all  other  Services  thereon,  Ten 
Shillings  and  Eight  Pence. 

For  all  Services  neccfiary  to  be  done  by  the  Clerk  of  the  Court,  towards  procur- 
ing Letters  of  Admiaiftration  or  Letters  Teftamentary,  if  he  furnilhes  the  laid  Let- 
ters including  the  Governor's,  Secretary '.s,  and  private  Secretary's  Fees,  Twenty 
Six  Shilling-s  and  Eight  Pence. 

For  all  Services  in  proving,  recording,  and  filing  an  Inventory,  Account  of  Sales, 
or  Account  Current,  exhibited  by  an  Executor,  Adminiftrator,  or  Guardian,  or 
for  Search,  Copy,  and  Certificate  of  the  lame,  if  the  Eflate  be  under  One  Hundred 
Pounds,  One  Shilling  and  Four  Pence;  if  above  One  Hundred  Pounds  ValuCj 
Four  Shillings. 

For  every  Marriage  Licence  and  Bond,  i.nd  all  the  necelTary  Services  thereon. 
Five  Shillings. 

For  an  Ordinary  Licence  and  Bond,  and  aU  the  Services  necelTary  to  be  done 
thereon,  Five  Shillings. 

For  Tavern  Rates,  Two  Shillings  and  Six  Pence. 

For  fearching  a  Record  out  of  Court,  Eight  Pence. 

For  proving  or  entering  Acknov/ledgment  of  a  Conveyance  of  Land  or  other 
Eilate,  and  cercilying  the  lame,  with  the  Order  for  Rcgiftration,  and  Examination 
of  a  Feme  Covert,  without  Commifiion,  Tv/o  Shillings  and  Eight  Pence. 

For  a  CommifTion  to  take  the  Examination  of  a  Feme  Covert,  or  WitnelTes  in 
any  Caufe  depending  in  the  Superior  Court,  the  Return  thereon,  entering,  and  all 
other  Services  nectflary  thereon,  Three  Shillings. 

For  Guardian  or  other  Bondo  taken  in  Court,  and  for  all  necefTary  Services  there- 
on, every  Fee  relative  thereto  included.  Eight  Shillings. 

For  Indentures  for  binding  out  Apprentices,  making  Order  thereon,  and  for  filing 
and  recording  the  fame,  including  all  Fees  for  every  Service  necelTary,  Five  Shil- 
lings and  Four  Pence. 

For  a  fpecial  Vemra  Facias  in  an  Aclion  of  Ejeftment,  or  where  the  Bounds  of 
Land  fliall  come  in  Qu-cftion,  when  the  laid  Writ  Ihall  be  ifTued,  Eight  Shillings. 

For  a  fpecial  Verdict,  Demurrer  or  Motion  in  Arrell  of  Judgment,  and  Argii- 
ment  thereon.  Four  Shillings. 

For  Wiit  of  Error  or  A.ppeal,  with  a  Tranicript  of  the  Record,  and  all  Services 
thereon.  Ten  Shillings. 

For  making  out  Cerdlicates  of  WitnelTes  or  Jurymens  Attendance,  Eight  Pence. 

For  recording  a  Mark  or  Brand,  and  granting  Certificates  thereof,  ii' required. 
One  Shilling  and  Four  Pence. 

III.     AND  he  it  further  EnaHed,  by  the  Authority  of crefaid^    That  all  the  Ser-  c!e,:r,    aiWed 

vices  neccffiry  to  be  done  by  the  Clerks  of  the  Superior  and  Inferior  Courts  within  ")",„  i'\"\sI:->' 

this  Province,  for  which  Fees  are  not  provided  in  this  Ad,  fhall  be  deemed  and  ' vc"pH  i  thf in! 

conftrued  to  be  tx  Officio  Stvvkts,    for  which   the  Clerks  fliall  demand  no  Fee  or  •"'"'^°"'"- 
Reward  whatever,  except  v/hat  fliall  be  allowed  luch  Clerks  by  the  Inferior  Court 
of  their  refpeitive  Counties  for  luch  Services. 


IV.     AND  be  it  further  Ena^ed^  by  the  Authority  aforefaid^  Tliat  it  fhall  and  may    ^ini"  marifTi 
be  lawful  for  the  Clerks  of  the  Superior  or  Inferior  Courts,  on  the  Fees  not  being 

I  i  i  i  paid 


for 
tlitir  Fees, 


53^ 


A.   D. 


L    A   JV  S      of     No  R  T  H  -  C  A  R  O  L  I  JJ  A. 

1773.  paid  by  the  Party  from  whom  they  are  due,  to  make  out  Execution,  direcled  to  the 
'— ~-'  Sheriff  ot  the  County  where  the  Party  refides  -,  and  the  faid  Sherili"  Ihall  levy  the 
fame,  in  Virtue  ot  the  (aid  Execution,  as  in  other  Cafes ;  and  to  the  iaid  Execution 
fhall  be  annexed  a  Copy  of  the  Bill  of  Cofts  of  the  Fees  on  which  fuch  Execution 
fhall  iffue,  wrote  in  Words  at  length,  and  without  any  Abreviation  whatlotver -,  and 
all  Executions  ifiuing  without  the  Copy  ot  fuch  Bill  of  Colls  annexed,  fhall  be 
deemed  illegal,  and  no  Sheriff  fhall  ierve  or  execute  the  fame. 


When    C  nt  nu 
ance  <f  a  C.iiilc  is 
framed,        R'rty 
prayini;   the  fame 
to  pjy  all  Cults. 


Procefd.  where 
Clerks  chirfe 
mnie  Ftei  thjii 
is  3llL,wed  bj  ihis 
Art, 


V.  AND  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  whenever  it  Ihall 
be  the  Opinion  ot  the  Court  that  the  Party  praying  a  Continuance  fliould  not  obtain 
it  without  Payment  of  all  Cofts  attending  the  lame,  the  whole  of  thefe  Cofts  (hall  be 
paid  before  the  Continuance  is  granted  ;  and  the  i^arry  paying  fuch  Cofts  fliall  not 
be  intitled  to  recover  them,  although  the  Judgment  oi  the  Court  fhould  finally  be  in 
his  Favour. 

VI.  AND  be  it  further  EnaHed,  by  the  Authority  nforefaid.  That  if  any  Ferfon 
fhall  herealter  conceive  himfelf  aggrieved  by  any  Clerk  of  the  Superior  or  Inferior 
Courts,  in  taxing  or  charging  other  or  greater  Fees  than  by  this  A£t  are  aliowetl, 
it  ihall  and  may  be  lawful  tor  fuch  Perlon  lb  aggrieved,  either  by  himfelf  or  l.is 
Attorney,  to  complain  to  the  Court  where  fuch  Offender  is  Clerk,  and  the  iaid 
Court  Ihall,  in  a  lummary  Way,  take  the  Matter  under  their  Confideration  ;  and  it 
it  ihall  appear  to  them  that  fuch  Clerk  hath  taxed  and  charged  other  or  greater  Cofts 
or  Fees  than  are  by  this  Adt  allowed,  then  the  faid  Court  Ihall  not  only  order  im- 
mediate Reltitution  to  be  made  to  the  Party  injured,  together  with  ail  Cofts  and 
Damages,  but  alio  may,  and  they  are  hereoy  required,  to  let  fuch  Fine  as  they  fhall 
think  proper  on  fuch  Clerk,  not  exceeding  the  Sum  of  Five  Pounds  -,  and  the  Court 
fhail  commit  fuch  Clerk  to  Gaol,  if  he  refufes  or  delays  to  obey  their  Judgn.ent, 
there  to  remain  until  he  has  fatisfied  the  Party  injured,  agreeable  to  the  Judgment 
of  the  Court,  and  alio  paid  the  P'ine  inflided  on  him  to  the  Sheriff';  which  Fine 
lliall  be  applied  towards  defraying  the  contingent  Charges  of  the  County  where  fuch 
Court  ihall  be  held,  and  Ihall  be  accounted  Jor  by  the  Sheriff' at  the  fame  Time  as 
he  accounts  for  the  County  Tax  :  Provided,  That  fuch  Clerk  fhall  have  Ten  Days 
Notice  in  Writing  previous  to  the  fitting  of  the  Court  where  fuch  Complaii  t  is  in- 
tended to  be  made,  and  that  there  fliall  be  at  leaft  Five  Juftices  on  the  1  rial  of  fuch 
Complaint,  if  in  the  Inferior  Court ;  and  the  Notice  fhall  be  in  thefe  Words,  or  to 
this  Effect : 


I 


INTEND  to  complain  of  you  to  the  next 
Fees  in  the  Suit  of  againft 


Court,  for  taking  more 
than  the  Law  allows. 


And  a  Copy  of  this  Notice,  direded  to  the  Clerk,  and  figned  by  the  Complainant, 
proved  by  the  Oath  of  the  Pcrfon  who  ferved  it,  with  a  Copy  of  the  Bill  of  Cofts 
from  the  Officer  who  levied  the  fame,  ftiall  be  fufficient  for  the  Court  to  judge  upon, 
without  any  other  or  further  Frocefs. 

Clerks  demand.        VII.     AND  he  it  Enabled,  by  the  Authority  cforefaid.  That  if  any  Clerk  fhall, 

ihanThr^re^r  durlng  the  fitting  of  the  Court  whereof  he  is  Clerk,  demand  other  or  greater  Fees 

lowed  dur.ng  the  than  by  this  A6t  allowed,  the  Court  fliall  immediately,  on  Complaint  being  made 

[o'be'dlr^nZc^  thereof,  determine  what  Fee  or  Fees  (hall  be  paid  to  the  faid  Clerk  by  the  Party 

by  the  Court.  complalning. 

VIII.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  if  any  Clerk 
of  any  Court  in  this  Province  fliall  hereafter  be  guilty  of  any  Breach  or  Ncgleft  of 
Duty  enjoined  by  this  A61,  fuch  Breach  or  Negled  of  Duty  fliall,  on  a  fecond  Con- 
viction, be  adjudged  and  deemed  a  Milbehaviour  in  Office,  for  which  fuch  Clerk 
fhall  be  fufpended  by  the  faid  Court,  on  Complaint. 


Second  Convifli- 
rn  of  Ntglefl  of 
Dutv  in  any  Clk. 
a  M  fbshaviour 
in  office. 


IX.  PROVIDED 


L    yi   }V  S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


537 


R:;;ht  of  Appeal. 


IX.  PROVIDEDnevertkelefs,  That  in  Cafe  the  Clerk  fliall  be  dilTatisfied 
with  the  Determination  of  the  Inkrior  Court,  he  may  appeal  to  the  Superior  Court 
of  the  Diftrift,  in  which  Cafe  there  fliall  be  a  Trial  de  hiovo  ;  where,  if  the  Sufpen- 
fion  of  the  Inferior  Court  fliall  be  confirmed,  the  faid  Clerk  fliall  ever  after  be  ren- 
dered incapable  of  ading  as  Clerk  in  any  Court  of  Jufl:ice  in  this  I'rovince. 

X.  A  N  D  be  it  further  EnaSfed,  by  the  Authority  aforefaid.    That  there  fliall  be    Lw  Suits  taxed, 
paid  to  the  Clerk,  at  the  Time  of  ifliiing  any  Writ,  or  other  leading  Procefs,  by 

the  Perfon  fuing  out  the  fame,  returnable  to  the  Superior  Court,  the  Sum  of  Twen- 
ty Siiillings;  and  if  returnable  to  the  Inferior  Court,  the  Sum  of  P'ive  Shillings, 
for  the  Uie  of  the  contingent  Fund  ;  to  be  recovered  by  the  Party  call,  in  the  laaie 
Manner  as  other  Coils. 

XI.  AND  be  it  further  Ena'Jed,  by  the  Authority  aforefaid.  That  the  Clerk  of   cie.ks  to  account 
each  Superior  Court  fliall  account  for  and   pay  to  the  Trcaiurer  ot  his  refpeftive 

D.tlrid,  at  the  fitting  of  the  Superior  Court  whereof  he  is  Clerk,  or  in  One  Month 
after,  all  the  Monies  received  by  him  for  the  contingent  Fund,  in  Virtue  of  tf.is 
Adt;  and  fliall  make  and  deliver  therewith  an  exadt  Lill,  on  Oath,  of  every  leading 
Procefs  iflTujd  by  him,  or  returned  by  the  Court  whereof  he  i,  Clerk  :  And  the 
Clerks  of  the  Inferior  Courts  fhall,  at  the  Superior  Courts  of  their  rclpedtive  Dif- 
tricts,  or  in  One  Month  after  the  fame,  account  for  and  pay  t )  the  I'reafurer  of 
their  refpeftive  Didridls,  all  Monies  received  by  them  for  the  Uie  or  the  contingent 
Fund,  in  Virtue  of  this  Ad  -,  and  fliall  alfo  make  and  deliver  therewith  an  exact 
Liil,  on  Oath,  of  every  leading  Procels  by  them  iifued  or  returned  to  the  Court  of 
which  they  are  refpeftivcly  Clerks  ;  which  Lift  fhall  be  certified  by  a  Magiftrate, 
at  the  Court  of  the  County  whereof  he  is  Clerk,  immediately  preceding  the  Supe- 
rior Court  at  which  he  is  to  account. 


ere 
Rrri've'v     is 
had.  Tax    to    be 
returned. 


XII.  PR  0  FID  E  D  nevertbe/efs,  That  where  any  Suit  fliall  be  brought  by  an  Sjitrhr.'twhi 
Executor,  Adminiftrator,  or  Guardian,  and  no  Recovery  is  had  on  the  'I'rial,  the 
Tax  fliall  be  returned  to  the  Party  paying  the  lame  ;  and  alfo  when  a  Vv^rit,  or  other 
leading  Procefs,  cannot  be  executed,  and  the  Plaintiff  or  Plaintiffs  fliall  difmifs  the 
fame,  he  or  they  fhali  receive  from  the  Cierk  the  Tax  paid  on  fuch  Writ  or  leading 
Procefs  •,  which  Sums  fo  repaid,  fhall  be  allowed  to  the  Clerk  on  his  Settlement 
with  the  Treafurer,  on  his  producing  a  Lift  of  fuch  Suits,  certified  by  the  Court  of 
which  he  is  Cierk  ;  any  Thing  herein  contained,  to  the  contrary,  notwithflanding. 


XIII.  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  the  Clerks 
of  the  refpedive  Courts  fhall  tranfmit  to  the  Clerk  of  the  Aflembly,  at  each  S^ffions 
of  Aflemblv,  Copies  of  the  Account  fettled  with  the  Trealurer  preceding  fuch  S^^f- 
fijns  of  Aflembly,  provided  fuch  Copies  were  not  before  tranimitted  ;  .and  fliall  be 
allowed  by  the  Treafurer  the  Sum  of  Eight /^r  Cent,  on  all  Monies  paid  by  Virtue 
of  this  A(5t,  out  of  the  contingent  Fund  ;  and  the  Money  received  by  the  Treallirer 
in  Virtue  of  this  Aft,  fliall  be  by  him  accounted  for  as  other  Monies  received  for 
the  Ufe  of  the  contingent  Fund. 


CV'Ics  to  tranT- 
m  t  tn  I  (if  Cleilc 
of  I  he  Alt  ir.t)  y 
Cop-eaofili<-Ac- 
e  nuts  fettled 

with  ihLTieafu- 


XIV,  AN  D  be  it  further  Ena(led^  by  the  Authority  a  for  ef aid.,  That  the  Clerks  f^'"'"  to  pWc 
of  the  Superior  and  Inforior  Courts  Ihall,  refpedively,  enter  into  Bonds,  with  good  l^^i^^hl^x^x!"^ ' 
and  fuflicient  Security,  in  the  Sum  of  Five  Hundred  Pounds,  for  the  faithful  Dif- 

charge  of  their  Ollice,  in  collcding  the  Tax  herein  before-mentioned  ;  v/hich  Bonds 
fliall  be  taken  by  their  refpedive  Courts,  at  the  firfl:  Court  after  the  Firfl:  Day  of 
June  next,  and  made  payable  to  the  Governor,  or  Commander  in  Chief  for  the  Time 
being,  and  lodged  v/ith  the  Treafurer  of  the  Diftrid  where  fuch  Clerk  fliall  refide. 

XV.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.,  That  every  Ad  and  RepiaiingCbuf?. 
Ads  of  Affembly  now  in  Force,  allowing  Fees  to  the  Clerks  of  the  Superior  and 

Inferior  Courts  within  this  Province,  and  all  other  Ads  laying  Taxes  on  Suits,  fo 
far  as  comes  within  the  Purview  of  this  Ad,  are,  and  fliall  be  henceforth  repealed 
and  made  void.  XVI.  AND 


538  L  A  ^r  S    cf    li  OR  Tii'C  A  Ro  hi  ti  a. 

J.  D.  1773.        XVI.     AND  he  it  further  EnaSfed,    by  the  Authority  aforefdd.    That  this  A&. 
"     fhall  be  and  continue  in  Force  for  and  during  the  Term  ot  Six  Months,  and  from 
thence  to  the  End  of  the  next  Seffion  of  AfTembly,  and  no  longer. 

CHAP.     IV. 

An  Acl  for  the  Relief  of  Infohent  Debtors^  with  Refpeci  to  the  Imfrifonment  of  their 

Ftrfons. 

prfonerjfotDeSt  \  -yy  £  {[  Enabled,  by  the  Governor^  Council,  and  AJfembly,  and  by  the  Authority  of 
feUeTnotwonh  j3  ^^^  favue.  That  if  any  Perfon  or  Pcribns  now  are,  or  hereafter  fhall  be  taken 
40  s.  to  be  ktat  jjj.  charged  on  mefne  Procefs  or  Execution  for  any  Debt,  and  fhall  have  remained  in 
"'  "''■  clofe  Pnfon  by  the  Space  of  Twenty  Days,    it  fhal!  and  may  be  lawful  lor  Two 

Juftices  of  the  Peace,  or  any  Two  of  the  Judges  of  the  Inferior,  or  any  One  of  the 
Judges  of  the  Superior  Courts  of  this  Province,  either  in  or  cut  of  Court,  upon 
Petition  or  Petitions  of  fuch  Prifoner,  under  his  or  their  Hands  and  Seals,  whereof 
Notice  fhall  be  given  to  the  Perfon  or  Perfons,  his  or  their  Executors,  Adminiftra- 
tors,  Attornies,  or  Agents,  at  whofe  Suit  fuch  Prifoner  or  Prifohcrs  fhall  be  irr  pri- 
foned,  to  require  the  Sheriff,  Gaokr,  or  Keeper  of  any  Priion,  within  their  rtipec- 
tive  Jurildidions,  to  bring  before  fuch  Juftices  of  the  Peace,  Judges  of  the  Inferior 
Court  of  Pleas  and  Quarter  SefTions,  or  Judge  of  the  Superior  Court,  ifiuing  fuch 
Warrant,  either  in  or  out  of  Court,  the  Body  of  any  Perfon  being  in  Prifon  as  afore- 
faid,  together  with  a  Lift  of  the  fcveral  Writs,  niefhe  Prcci  lies,  and  Executions, 
with  which  he,  fhe,  or  they,  is  or  are  charged  in  the  feveral  Gaels  as  afortlaid  5 
which  Warrant  every  fuch  Sheriff,  Gaokr,  or  Keeper,  is  hereby  commanded  to 
obey:  And  fuch  Prifoner  or  Prifoners  coming  before  the  iaid  Juflicts  or  Judges, 
(the  Creditor  or  Creditors,  if  refident  in  this  Province,  at  whofe  Suit  he  is  confined, 
««.  being  firfl  perfonally  fummoned,  according  to  the  Diiedions  of  this  Aft)  if  he,  fhe, 

or  they,  have  no  vifible  Eftate,  real  or  perfonal,  and  Ihail  make  Oath  before  the 
faid  Juftices  of  the  Peace,  or  Judges  of  the  Inferior  Court,  or  Judge  of  the  Supe- 
rior Court  refpedively,  ifTuing  fuch  Warrant,  that  he  hath  not  the  V\^orth  of  Forty 
Shillings,  Sterling  Monry,  in  any  worklly  Subftance,  either  in  Debts  owing  to  him, 
or  oth.erwife  howioever,  over  and  befides  his  wearing  Apparel,  working  Tools,  and 
Arms  for  Muiler ;  and  that  he  has  not  at  any  Time  fince  his  Impri'onment,  or  be- 
fore, dircdly  or  indiredly,  fold,  alligned,  or  othervviic  dilpofed  of,  or  mace  over, 
in  Trufl  for  himfelf  or  otherv^ile,  any  Part  of  his  real  or  perfonal  Eflate,  whereby 
to  have  or  expedl  any  Benefit  or  Prcfit  to  himfelf,  or  to  dctraud  any  of  his  Creditors 
to  whom  he  is  indebted ;  and  if  there  be  no  Perfon  preient  that  can  prove  the  con- 
trary, then  fuch  Perfon,  by  fuch  Court  or  Juilices,  without  Form  of  Trial,  Ihail 
be  immediately  itx.  at  Liberty,  and  fhali  Itand  for  ever  dilchargcd  of  all  luch  Debts 
fo  lued  for,  and  ail  Colls  of  Suit :  But  in  Cafe  fuch  Perfon  fliall  afterv.ards  be  dif- 
covered  to  have  Iworn  falfely,  he  fhall  be  indifled  for  i'crjury ;  and  if  ccnvided, 
fliall  loie  born  his  Ears  in  the  Pillory,  and  be  liable  to  fatisiy  the  Debt  and  Dam.a- 
gef,  and  be  rendered  incapable  of  taking  the  Benefit  of  this  Ad, 

joiUcps,  ac    to       II.     AND  he  it  further  Ena5:ed^  That  the  faid  Juflicts  of  the  Peace,  Judges  of 

fng^  ou^t  of'couit   the  Inferior,  and  Judge  of  the  Superior  Court,  refpedivcly,  before  vvhom  flich  Pri- 

in  Writing,  and   foncr  or  Prifcners  fhali,  upon  Oatii,  have  difchareed  themjfeives,  when  the  Prcceed- 

fourt,  on  Pen.    ings  are  beiorr  them  out  ov  Court,  IhalJ  put  the  lame  m  Writing,  under  their  Hands, 

°^5i-  and  return  the  lamiC  into  the  Court  from  whence  the  mcihe  Procefs  or  Execution  if- 

fued,  there  to  be  kept  on  Record,  under  the  Penalty  of  Five  Pound.*,  Proclamation 

Money,  for  each  Judge  or  Jullice  for  fuch  GmifTion  and  Negkd  ^    to  be  paid  to 

the  Perfon  injured,  by  Order  of  the  faid  Court. 

S'i-m'nu "  !X"r        ^^^'     ^^ N D  he  U  further  Enctlcd,    That  if  any  Perfon  r.r  Perfons  now  are,  or 

up  their  Effefla   hereafter  fhall  be  taken  or  charged  in  miefne  Procefs  or  Execution  for  any  Sum,  and 

«!,utt*"'''""   '°   '^^  ^^^^^  remained  in  Prifon  by  the  Space  of  Twenty  Days,  and  fliall  have  any 

Eflate,  real  or  perional,  and  be  minded  to  deliver  up  h:<;,  her,  cr  their  Efitds,  to 

his 


L    A   JV  S      tf/      N  O  R  T  H  -  C  A  R  O  L  I  n  A.  531 


his  or  their  Creditors,  it  fnall  be  lawful  for  fuch  Prifoner  to  prefer  a  Feriiion  to  the  ^-  ^-  ^773' 
Court  from  whence  the  Procefs  ilTued,  fetting  forth  the  Caufe  of  Impnlonn-ienr,  and  v=.-*^y— — ' 
an  exaft  Account  of  his  or  their  Eftate,  and  all  Circumftances  relating  thereto; 
which  Petition,  fubfcribed  by  him,  her,  or  them,  and  Schedule,  fl-sail  be  lodged 
with  the  Clerk  ol'  the  Court  of  the  faid  County  from  which  fuch  Procefs  ifTued, 
Twenty  Days  at  leaft  before  the  next  fucceeding  Court :  And  upon  fuch  Petition  fo 
filed,  the  Clerk  of  the  faid  Court  fnall  iff^je,  under  his  Hand  and  Seal,  a  Copy  of 
the  faid  Schedule,  and  a  Notice  to  the  Creditor  or  Creditor.%  at  whofe  Suit  fuch  Pri- 
foner or  Prifoners  are  or  fliall  be  conlined,  fetting  forth  the  Subftance  of  the  faid 
Petition,  and  fummoning  them  to  attend  the  next  fucceeding  Court,  to  flievv  Cau'e, 
if  any  they  have,  why  the  Prayer  of  the  laid  Petition  fliould  not  be  granted;  which 
Notice  bting  duly  ferved  upon  the  Perfon  or  Perlons,  his,  her,  or  their  Ext  cutors^ 
Adminiftrators,  Attorney,  or  Agent,  at  whofe  Suit  fuch  Pri  oner  or  Prifoners  fiiall 
be  imprifdned.  Ten  Days  at  lead  before  the  fitting  of  the  faid  Courr^  the  Court 
fhall  order  the  faid  Prifoner  or  Priibners  to  be  brought  before  them  ;  and  if  the  faid 
Creditor  or  Creditors,  at  whofe  Suit  he  is  .imprifoned,  fiall  appear,  or  being  duly 
fumm^ned  ihall  fail  to  appep.r,  the  Court  Hiail  proceed  to  examine  the  Nature  of 
the  )aid  Peiition  in  a  fummary  Way,  and  foall  tender  to  fach  Perfon  an  Oath,  to 
the  EfFed  following  : 

A.  B.  ir,  the  Prcfencc  cj  Almighty  Goi,  folemnly  fxvear^  pyofejs,  end  declare,  That  d  y.  r?  Oath, 
the  Schedule  no-.v  lieHveredy  an.i  by  me  jubfcribed,  doth  contain,  to  the  befi  cf  my  Knovj- 
hdge  and  Re-aenbrnncc,  a  full,  jujt,  true,  and  perfect  Account  and  Bifco'very,  of  all  the 
Eftate,  Goods,  and  Effe^s,  unto  me  any  IVays  belonging,  and  fuch  Debts  as  arc  to  me 
d-ji)ing,  or  to  any  Perfon  in  Truft  for  me  -,  and  of  all  Securities  and  Contraifts,  tvhcrcby  any 
Money  may  hereafter  become  payable^  or  any  Benefit  or  Advantage  accrue  to  me  cr  to  my 
life,  or  to  cviy  other  Perjon  or  Perjons  in  Truft  for  me  -,  a?jJ  that  I,  cr  any  other  Perfon 
or  Perfons  in  Truft.  for  me,  have  not  Land,  Money,  or  Stock,  cr  any  other  Eftate,  real 
t>r  petfona':,  in  Pcfjcffio;:,  Rcverficn,  or  Remainder,  of  the  Fahie  of  the  Debt  or  Debts 
with  which  1  am  charged  in  Execution  ;  and  that  I  have  not,  directly  or  indirectly,  fcld^ 
lejfened,  or  othertvife  dtfpofed  of  in  I'ruft,  or  concealed,  all  or  any  Part  of  my  Lands,  Mo- 
ney, Goods,  Stocks,  Debts,  Securities,  Contracts,  or  Eftate,  whereby  to  Jccurc  the  fame, 
to  feceive  or  expect  any  Profit  cr  Advantage  thereof,  or  to  defraud  or  deceive  any  Creditor 
or  Creditors  to  whsm  I  am  indebted';,  in  any- wife  howfoever. 

SO  HELP  ME  GOD. 

IV.  5  £  z7/^r/,3^r  £;r.-:"f.','.  That  if  fuch  Prifoner  take  fuch  Oath,  and  the  Court  o.th  tabn, 
be  convinced  of  the  Truth  thereof,  the  Schedule  fo  fublcribed  being  iiled  with  the  ![^'L-'Z,r  ^^  ^'' 
Clerk  of  the  Court  for  the  better  Information  of  the  Creditors  of  i'uch  Prifoner  cr 
Prifoners,  then,  and  in  that  Cafe,  it  fliali  and  may  be  lawful  for  the  Court  before 
whom  fuch  Oath  was  taken,  by  Warrrant^  to  command  the  Sherifi^!,  Gaoler,  or 
Keeper  of  any  Prifon,  forthwith  to  fet  at  Liberty  fuch  Prifoner  ;  w-hich  Warrant 
fhall  be  a  fuflicient  Difcharge  to  fuch  SheriiT,  Gaoler,  or  Keeper,  and  fhall  indem- 
nity him  or  them  againlt  any  Efcape  or  Efcapes,  or  Aftion  or  A6ticns,  wharfoe- 
ver,  which  fhall  or  may  be  brought,  commenced  or  profecuted^  againO:  him  or 
them,  by  Reafon  thereof ;  and  if  any  fuch  Adion  fliall  be  commenced  againib  any 
Sheriff  or  other  OfRcer,  for  performing  his  Duty  in  Purfuance  of  this  7\cl:,  fuch 
Sheriff  or  other  Officer  may  plead  the  General  llTue,  and  give  this  Ad  in  Evi- 
dence. 


V.     AND  be  it  further  Enacted,  by  the  Autcrity  aforefaid.  That  all   the  Lands,    n.btor,    ti-.^,. 
Tenements  and  Hereditaments,    which   fnall  be  contained  in   fuch   Schedule,  icr    '^^■^  \]^^'^-  '  f^ 
fuch  Ufe,   Interefl:,    Right,  or  Title,  as  fuch   Prifoner  or  Prifoners  then  fhall  have    I'v  t Irk of'Vu 
in  the  .^ame  which  he  or   fhe  may  lawfully  depart  wiihall,  and  alfq  all  Goods  and    ^"'""' 
Chatties  whatfoever  in  fuch  Schedule  alfo  contained,  fliall  be  relied  in  the  Sherift 
of  the  County  wherein  fuch  Lands,  Tenements,  Hereditaments,  Goods  and  Chat- 
ties, fhall  lie,  or  be  found  ;  and  fuch  Sheriff  is  hereby  authorized,  impowercd,  and 
required,  to  fell  at  Public  Vendue,  and  convey  the  fame  to  any  Perfon  or  Perlons 

K  k  k  k  whatfoever, 


54^  L  A  IV  S    of    North-Carolina. 


-^^^^1773 •    whatfoever  for  the  beft  Price  that  can  be  got  for  the  fame,    and  the  Monies  arifing 
"^""^     by  fuch  Sale  fliall  be  by  fuch  Sheriff  or  Officer,  upon  Oath,  paid  into  the  Hands 
of  the  Clerk  of  the  Superior  Court  of  the  Di(l:ri(ft  where  fuch  Prifoner  fhall  be  con- 
fined, for  the  Ufes  and  Purpofes  hereafter  Oientioned ;  faving  to  every  fuch  Prifon- 
er his  or  her  neceffary  Apparel  and  Utenfils  of  Trade. 

f,Trnf"' cirj"        ^^^'     ^^^  ^^  it  further  EnaHed,  by  the  Authority  aforefaid,  T'hat  the  Judges  of 

,-rcr,duors"h''    the  Superior  Court  Ihail  appoint   two  Commiffioncrs,    who  fhall   have  full   Power 

I'.n'  iri  ,!'"''  Z    '^^  examine  into  the   Claims  of  all  and  fingular  the  Creditors  of  the  Perfon  or  Per- 

thcii  tiMi.  fons   imprilbned,  as  well  thofe  at  whofe  Suit  he  was  committed,  as  of  all   others  i 

and  the  (aid  CommifTioneis  fjiall  by  Advertifcment,  at  the  Court-Houfe  of  the  Dif- 

tricl,  or  in  iome  Public  News  Paper  or  Gazette,  make  known  the  Time  at  which 

they  propofe  to  examuie  fuch  Claims  (which  fhall  be  within   Sixty  Days  after  their 

being   appointed)    and   upon  fuch  Creditors,    their   Executors  or  AdminiftratoiS, 

Agents  or  Attornies,  appearing  before  them,  and   faiisfying  them  of  the  Juflice  of 

their  Claims,  they  Hiall  proceed  to  make   Diltribution   amongfl  each  and  every  of 

the  Creditors   fo   appearing   in  Propotion   to   their   rcfpeftive  Demands  -,  and   tile 

Clerk  of  the  fiid  Court  is  hereby  direded  to  pay  fuch  Monies  fo  received  upon  the 

Sale  of  fuch  Infolvents  Eilate  into  the  Hands  of  the  faid  CommiiBoners,    for  the 

Purpofes  aforefaid. 

Dh'-rsa'-c',.rg.        yil.     A N D  he  it  furthsr  Ena^ed,  by  the  Authority  aforefaid.  That  the  Perfnn  of 
D.uts.  fuch  Debtor  fo  difcharged  fhall  never  be  arrefled  for  the  fame  Debt,  but  the  Ju'g- 

ment  fhail  be  held  to  be  fuliy  fatisiied,  and  no  Executi-^^in  whatever  Ihail  by  Virtue 
thereof  iffue  againft  any  Eltace  v.'hleh  the  iaid  Infovent  Debtor  or  Debtors  may  af- 
terwards acquire. 

Prncc-MWiRs  Vlil.      AND   be  it  further  EnaHed.  by  the   Authority  aforrfaid.  That  whereas  it 

)•  (ii-<ut  .f  ihf    has  fometimcs  happened  that  poor  Infulvcnt  Debtors  have  been  a  long  Time  confin- 
t-ountiy.  (.J  in  Gaol  for  want  of  knowing  x.^^  whom  to  give  Notice  of  their  Intention  to  take 

the  Benefit  of  the  A(5t  for  the  Relief  of  fuch  Infolvents,  where  the  Party  at  whofe 
Suit  fuch  Debtor   was  in   Execution  did  not  refide  in  this  Colony,  nor  had  any 
,  known  Agent  or  Attorney  here  to  whom  he  could  give  fuch  Notice,  v/hich  by  tlic 

Laws  in  Force  in  fuch  Cafes  is  required  to  be  given  j  which  long  Confinemefits 
have  alfo  happened  in  Cafes  where  Debtors  have  remained  in  Prifon  Tv/enty  Days, 
and  tiie  Sheriffs  or  Gaolers  have  not  known  to  whom  to  give  Notice  thereof,  cr  of 
v.'hom  to  demand  Security  ior  their  Prifon  Fees  after  the  Expiration  of  the  'twenty 
Days  :  For  the  further  Relief  therefore  of  fuch  Infolvent  Debtors,  Be  ii  jinacied^ 
by  the  Authority  afcrefaid.  That  when  the  Party  at  wh.ofe  Suit  or  Inllance  any  fuch 
Debtor  fhall  be  confined  in  Execution  does  not  refiJe  in  this  Colony,  nor  hath  any 
known  Agent  or  Attorney  here,  it  fhail  and  may  be  lawful  and  fufficient  for  fuch 
Infolvent  Debtor  to  give  Notice  of  fuch  his  Intention  to  take  the  Benefit  of  the  faid 
Act  for  the  Relief  of  Infolvents,  to  the  Attorney  at  Law  who  profecuted  tlie  Suit 
againft  him  -,  and  alfo  where  the  Debtor  fliall  have  remained  in  Execution  for  the 
Space  of  Twenty  Days,  it  ihall  be  lawful  and  fufficient  for  the  Sheriff  or  Gaoler,  in  the 
like  Cafe?,  to  give  Notice  thereof  to  the  Attorney  who  profecuted  the  Suit,  and  to 
deriiand  Security  of  him  for  the  Prifon  Fees  that  fhail  arife  after  the  Expiratkin  of 
the  Twenty  Days  ;  and  if  he  fliall  fail  or  refufe  to  i^ive  fuch  Security,  then  to  dif- 
charge  fuch  Debtor  out  of  Cuflody. 

De'^tysun.b!  tn  jx,  A  N D  be  it  further  Endued,  by  the  Authority  aforefaid.  That  if  at  any 
trkedud.i.i'a'  Time  !iereaker  any  Perfon  being  taken  or  charged  on  niefne  Prccels  or  Executi- 
on, fliall  not  be  able  to  fatisfy  or  pay  iiis  or  her  Prifon  Fees,  fhall  after  the  Expiration 
of  Twenty  Days  be  difcharged  by  the  Creditor,  and  the  Sheriff  or  Gaoler  may  de- 
mand or  recover  of  the  Party  or  Parties  at  whofe  Suit  fuch  Infolvent  Perfon  fhall 
be  imprifoned,  all  luch  Fees  as  fhall  beGjoiC  due  on  Account  ol  fuch  Imprifonment. 

X,  ANB 


Ii    ^   ^'  .S      <?/      N  O  K  T  H  -  C  A  R  O  L  I  N  ^..  j  4  1 

X.     A N D  be  it  further  Enacted,   Vy  the  Authority  aforefaid.  That  if  any  PcrH  n  '^.  1^-    \-fjy 

who  fliall  take  iuch   Oath,  fliall,  upon   Indidlment  of  Perjury,  b.;  convidted  there-  *     -^— -- 
on,  he  fhall  fuffcT  all   Pains  of  wil.'ull    Perjury,  and  fhail  be  liable  to  be  taken  on 
a  new  Procefs,  and  ihall  never  aitcr  have  the  BenL-fit  of  this  Acr. 


Ctn   f  I  i\r 


XI.     A  N  D  be  it  further  Enacted,  by  the  Authority  afcrefaid.  That  where  by  this    Q«-'i"-f'fli  mi- 
Atl  an  Oath  is  required,  the  iblcmn  Affirmation  of  a  Qiuker  fliall  be  tiikcn,  in 
Lieu  thereof ;  and  every  Perfon  convicled  of  will'ull  and  taiie  affirming,  fiiail  luiier 
the  like  Penalties  as  for  wilful!  and  corrupt  Perjury. 

XIII.     A N D  be  it  further  Efta'ed,  That  every  Law  heretofore  made,  refpefl-    ReFcsiirgCijurci 
ing  the  Relict  ol'p')or  Debtors,  as  to  the  Imprifonment  of  their  Perlons,  b;:  repeal- 
ed and  made  void. 

CHAP.     V. 

Ati  Act  for  appointing  Public  Trcafurers,  and  directing  their  Duty  in  OJ:ce. 

i.   T  T  7  H  E  R  R  A  S  the  A6f  appointing  Public  Trcafurers  will  e:<pire  with  the    f'"-an'i'ie. 

y  Y  End  of  the  prefent  Svliion  of  Aiiembly,  and  it  beirg  expedient  that 
Treal'urers  lliould  be  appointed  to  receive  th;.-  fvlonies  arifing  irom  the  Duties  on 
LiqUors,  Pubhc  Taxes,  and  all  other  Public  Money  payable  into  the  Treafury  of 
this  Province; 

II.  B  E  it  therefore  Ena.^ed,  by  the  Governor,  Council,  and  Affcrr.lh,  and  by  the  Treafn^ers  ap. 
Authority  of  the  fame,  T\\:ii  'jofe:h  Montfoi  t^  Elquire,  be,  and  is  hereby  appointed  '"'•"""• 
Public  Treafurer  of  the  Counties  ot  Cuintuck,  Pafquctnnk,  Ptrq::ir:,GriS,  Chouan, 
Bertie,  "Tyrrell,  Northjmptcn,  Edgccrnb,  Granvill',  Orange,  Hertford,  Bute,  Plalifax, 
and  Chatham  ;  and  that  Richard  Cafwell,  Elquire,  be,  and  is  hereby  appointed  i'ub- 
lie  Treafurer  for  the  Counties  ot  Anfcn,  Beaufort^  Bladen,  Brunfzrjick,  Cmnberland, 
Craven,  Carteret,  Duplin,  Dobbs,  Guilfo-rd,  Hyde,  'johnfun,  Mecklenburg,  New  Han- 
over, 0-iflow,  Pitt,  Roiian,  Surry,  Tryon,  and  Wake:  Which  faid  Trcafurers  fliail, 
iniiTitdiately  after  the  Ratification  of  tiiis  Aft,  give  Bonrs  rcfptdivdy,  and  iiiHici- 
ent  Security,  to  our  Sovereign  Lord  the  King,  his  Htirs  and  SuccelTors,  in  the  Sum 
of  Fifty  Thioufand  Pounds  lawful  M(>ney  of  Grr.-/ Xn'.WK  each,  with  Condition 
th't  he  will  diligently  and  faithfully  collect  from  the  refpeCtive  Shenfis,  Receivers 
and  Collectors  of  Duties,  and  other  Perfons  charged  with  Public  Monies  in  his  Dif- 
tridt,  and  well  and  truly  account  for  and  pay  to  the  General  AfTembly  of  this  Pro- 
vince, v/nen  thereto  required,  all  Public  Monies  which  he  fhal!  receive,  and  for  tiie 
faithful  and  regular  Dilcharge  of  the  Duties  of  his  faid  Office  -,  which  Bonds  fnall 
be  lodged  in  the  Secretary's  Office,  and  in  Cafe  of  a  Breach  of  the  Condition  ih.ereof, 
may  be  recovered  in  any  Court  oi:  Law  in  tliis  Province  having  Cognizance  thereof. 

in.  Al-l  D  beit  further  Enacled,  by  the  Authority  aforef aid.  That  the  faid 'JVeafu-  Ti.ir  rcwer  to 
rers,  and  each  ot  them,  is  and  are  hereby  impowered,  authorized,  and  required,  to 
receive  all  Public  Monies  and  Taxes  payable  in  the  fcvtral  Counties  within  iheir 
refpeclive  Diilridls ;  and  the  Sheriff  of  each  of  the  faid  Counties,  and  other  Collec- 
tv)rs  and  Receivers  of  Public  Monies  within  any  of  the  faid  Cc.'Untie.'^,  are  hereby 
direfted  and  required,  on  or  before  the  Tenth  Day  oi  June  yearly,  to  account  with, 
upon  O-ith,  and  pay  into  tiiC  Hands  of  the  Treafurer  of  his  refpedivc  Dilbift,  all 
Public  Monies  which  the  faid  Treafurers,  or  cither  of  them,  are  by  Law  impowwr- 
cd  and  required  to  receive. 

IV".     AND  be  it  further  Ena^ed,  by  the  Aiithmity  aforefaid.  That  nil  Colledors    00  cflvsoin,. 
or  Receivers  of  Duiies  lliall,  on  or  before  tlie  'leith  l!)ay  ot  fnne  yearly,  account    i'^''.,  J,' j'.'i?-  '' 
for,  on  Oath,  and  pay  to  the  Treafurer  of  the  refptr'clive  Dillridf,  all  fuch  Sums  of 
Money  by  them  collcded  and  received  in  Virtue  of'Hie  feveral  Ads  of  Alfembly  of 
this  Province. 

V.  AND 


542  L  A  JV  S    cj    NoRT  r-C  a  r  o  l  i  n  a. 

A.  D.  1773.        V.     AND  he  it  further  End5!edy    hy  the  Authority  af or ef aid ^    That  an  Allowance 

'-y"''/'-^    of  Five  per  Cent.  Ihall  be  made  to  the  faid  Treafurers  on  all  Monies  by  them  ref- 

kwance'"     "     pedivcly  receivcd,  accounted  for,  and  paid  into  the  General  Afiembly  as  aforefaid. 

sii'nft  *"  itfs  ^^-  ^ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Clerk  of 
wHh  ihe  Trea-  each  County  in  this  Province  fhall,  within  Five  Months  after  the  Ratification  of 
^""•'  this  Aft,  lodge  with  the  Public  Treafurer  of  his  Diftrift  wherein  fuch  Counties  lie, 

all  and  every  Bond  now  in  his  Poireffion,  given  by  any  prefent  or  former  Sheriff  of 
the  fiiid  County,  for  the  well  and  truly  coUeding,  and  duly  accounting  tor  and 
paying,  the  Public  Taxe.i  of  fuch  County ;  and  the  laid  Clerk  fhall  alfo  lodge  with 
the  faid  Treafurer  all  fuch  Bonds  as  ihall  at  any  Time  hereafter  be  entered  into  and 
given  by  any  fucceeding  Sheriff  of  his  County  for  the  PurpoCes  aforefaid,  within 
Three  Months  after  the  Time  of  executing  fuch  Bond  or  Bonds  (the  faid  Clerk  fiift 
nj  recoTjt.icn,  ^^^^^^y^^^  j-^^j,]^  g^nd  Of  Bonds  at  large  aanong  the  Records  of  the  Court)  an  attefted 
Copy  thereof,  under  the  Hand  of  the  faid  Clerk,  in  Cafe  of  the  Lofs  of  the  origi- 
nal Bond,  and  due  Proof  thereof  made,  Ifiall  be  as  good  and  valid  in  any  Court  of 
Law  in  this  Province,  againft  any  fuch  Sheriff  and  hii  Securities,  their,  or  any  of 
their  Heirs,  Executors,  or  Adminiftrators,  as  if  the  original  Bond  was  there  to  be 
produced  ;  and  if  any  fuch  Clerk  fliall  fail  or  neglect  to  record  fuch  Bond  or  Bonds, 
and  lodge  the  fa;-ne  with  the  Treafurer  of  his  Dittrict  within  the  Time  before  limit- 
ed, fuch  Clerk  ("hail  be  liable  to  a  Sufpenfion  from  his  Office,  on  due  Proof  thereof 
made  to  the  Interior  Court  whereof  he  is  Clerk-,  and  fuch  Sheriff  iliall  pay  to  the 
Clerk  the  accuftomed  Fees  for  recording  the  fame. 

sh'-rfT,  not  p,y-  yjj^  AND  be  it  further  E;:a5ied,  by  the  Authority  aforefaid.  That  when  any 
h>/Tr'ai!nrs  Sheriff  Oiall  fall  to  make  Payment  of  any  Public  Monies  by  him  received,  at  the 
t^..  c,.,r,p.:i  them,  ximc  by  Lav/  appointed,  or  ihall  otherwilc  incur  a  Forfeiture  of  his  Bond  of  Office, 
fjvJs,'"'"^'""  that  then  it  may  be  lawful  for  the  Treafurer  in  whofe  Diftrict  fuch  Sheriff  (hall  be, 
and  he  is  hereby  directed,  to  ilfue  a  Scire  Fncias  againll  fuch  Sheriff  and  his  Securi- 
ties ;  and  in  Caie  of  the  Death  of  the  faid  Sheriff  or  his  Securities,  againft  the  Exe- 
cutors and  Adminiftrators  ot  fuch  Sheriff  or  his  Securities,  which  Scire  Facias  fhall 
be  returnable  to  the  Superior  Court  next  fucceeding  -,  and  the  faid  Sheriff  and  his 
Sjcuricie?,  or  their  Executors  or  Admmiftrators,  Ihall  appear  and  plead,  and  the 
Micter  (hall  be  tried  at  the  Court  to  which  fuch  Procefs  fhall  be  returnable  -,  and  the 
Judges  of  the  (aid  Court  fhall  proceed  to  Judgment  the  Firft  Court,  as  the  Right 
of  the  Matter  may  be,  and  all  Matters  of  Law  relative  thereto  fhall  be  determined 
at  the  fame  Court,  any  Law  to  the  contrary  notwithftanding  :  And  in  Cafe  of  Neg- 
lect or  Failure  of  either,  of  the  faid  Treafurers  to  commence  Suit  againft,  or  other- 
v/ife  profccute,  any  Sheriff  or  other  Perfon,  now  in  Anear  to  the  Public,  within  the 
Time  hereby  limited  and  directed  for  commencing  Suit  againft  fuch  delinquent  She- 
riff, and  other  Receivers  of  Public  Monies,  and  their  Securities  -,  that  then,  and  in 
iuch  Cafe,  the  faid  Treafurer  ihall  be  liable  to,  and  ftand  chargeable  with,  all  Ar- 
rearages du-'  to  the  Public  from  iuch  Sheriff",  and  other  Receivers  of  Public  Monies, 
withi'i  his  rcfpective  Diftrict. 


Te. furors  to  VlII.  AN D  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  Public 
^l^t'\^'J^fi  Treafurers  in  this  Province  ftiall  keep,  in  well  bound  Books,  to  be  provided  for 
B..ks.  ■  "  th^^c  Purpyfc  at  the  Public  Charge,  true,  faithful,  and  juft  Accounts,  with  the  fe- 
veral  Counties  of  their  rcfpective  Diftricts,  and  therein  debit  the  Sheriff  for  the  Year 
with  the  Number  of  Taxables  as  by  the  Lift  returned  by  the  Clerk,  and  give  fuch 
Sherifi  Credit  for  all  Inlblvents  allowed  by  the  Inferior  Court  agreeable  to  Law,  and 
alio  for  the  fcvcral  Sums  he  ihall  receive  from  ilich  Sheriff-,  and  alfo  keep  an  Ac- 
count of  all  the  Monev  by  him  received  from  Time  to  Tim.e,  on  the  rcfpective 
Duties,  Impohtions,  and  Taxes,  by  Virtue  of  any  Aft  or  Ads  of  Affembly  •,  and 
alio  of  all  fuch  Sum  and  Sums  of  Money  as  he  ftiall  pay  out  of  the  Treafury,  pur- 
fuant  to  any  Adf  or  Refolutipn  of  the  General  Affembly-,  which  Accounts  fhall  be 
lb  kept  as  the  neat  Produce  of  the  ieveral  and  refpedive  Duties,  Impofitions,  and 
Taxes,  and  the  Money  paid  out  of  the  Treafury  tor  every  particular  Service  may 

appear 


Manner  cf  fla    r. 
thtin. 


L   yi   ff  S      of     N  ORTH-C  A  ROL  1  ti  A.  54  J 


appear  feparate  and  diftinft  frorti  each  Other ;  v/hich  Accounts,  and  all  others  rela-  ^. />.  1773. 
tive  to  the  Receipt  and  Difburfements  of  Public  Moneies,  Ihall  at  all  limes  be  ^^-^v-"^ 
open  for  the  Infpection  and  Peruial  of  the  Governor,  or  Commander  in  Chief  for 
the  Time  being ;  and  ihall  by  the  Public  Treafurer  of  each  Diltrict,  together  with 
the  Number  ot  Taxables  for  each  County,  be  laid  before  the  General  AOembly, 
for  their  Examination,  Approbation,  and  Allowance :  And  that  the  Governor,  or 
Commander  in  Chief  for  the  Time  being,  may  be  more  readily  informed  of  the 
State  of  Public  Accounts,  the  Treafurer  of  each  Diftrift  fhall  tranlmit  to  him  fuch 
Tranfcripts  or  Information  as  he  (hail  from  Time  to  Time  require, 

IX.     A  ND  be  it  further  Enabled,    by  the  Authority  aforefaid,  Thzi  x\\\^  kO:  "^zW    Cntx«race    of 
1>e  and  continue  in  Force  for  and  during  the  Term  of  Two  Years,  from  and  after    •'''=  ^a 
the  paOing  thereof,  and  from  thence  to  the  End  of  the  then  next  Seffion  of  Affem- 
biy,  and  no  longer. 

CHAP.     VI. 

.^  Alfar  imnexing'the  North  Part  of  Rowan  to  the  County  t;/ Surry,  and  the  furiler 
ejinifijhing  and  erecting  the  Parijh  oj  Dobbs  irao  a  jeparatc  and  i.iftin.!  Parijlj. 

1.  T  ^ T  FI  E  R  E  A  S  the  Inhabitants  of  the  North  Part  of  Rowan  County  labour    p.c=mWei 

VV  U'lJ^f  great  Inconveniences  in  attending  the  Courts,  and  other  Public 
Meetings,  at  the  Court-Floufeof  the  faid  County;  and  as  it  would  be  much  more  ' 
convtNii.nt  for  them  to  attend  Public  Bufineis  m  the  County  of  S'.'.rry,  are  dcfirous 
"of  being  annexed  thereto :  And  as  by  an  Ad,  incituled.  An  Act  Jor  erectin^/  that 
Part  of  Rowaii  County,  called  Wachovia,  into  a  diftinct  Parifh,  the  Trade  of  "Land 
form.riy  in  the  County  of  i?otc;<3??,  called  and  named  PFacoxia^  belonging  to  the 
Unitas  Fratrum.  (or  United  Brethren)  accoraing  to  the  known  Boundaries  and  Li- 
mits thereof,  was  erefted  into  a  Pariih,  diftinct  and  leparate  from  the  Par;fli  of  St. 
Luke,  in  the  faid  County^  and  calkd  by  the  Name  of  the  Parifh  of  Dobbs,  and  were 
intended  to  hold,  ufe,  and  exercife,  the  lii<e  Authorities  and  Powers,  and  poflefs 
and  enjoy  the  fame  Immunities  and  other  Privileges,  as  other  Parifhes  in  this  Pro- 
vince:  And  as  by  an  Act  for  dividing  the  Northern  Part  o^  Rowan  County,  and 
Erecting  a  new  County  and  Parifh,  by  the  Name  of  Surry  County,  and  St.  Jude's 
Parifli,  the  dividing  Lines  betv,'ccn  the  Counties  oi  Rowan  and  Surry  ran  throucrh 
the  laid  Parifn  of  Vobbs,  by  which  IVIcans  Part  of  the  faid  PariOi  was  left  in  each 
of  the  faid  Counties,  from  which  great  Inconveniences  arife  to  the  Inhabitants  of 
the  faid  Parifh : 


IL     B  E  it  therefore  Enacted,    by  the  Governor,  Council,  and  ,^fTer,:bly,  and  by  the    ^„^  of  Rn,var» 
■Authority  of  the  fame.  That  from  and  after  the  puiling  oi  this  A6t,  the  dividing  F.ine    "'=''''   '°  ^"">' 
between  the  Counties  of  Rowan  and  Surry  fhall  begin  at  a  Point  in  the  Line  divid-    ^'"'""'* 
ing  Rowan  and  Gicilford  Counties,  Thirty  oix  Miles  North  from  the  South  Eafi 
Corner  of  Ro'u^an,  thence  running  a  due  vVett  Courfe  to  the  Ridge  dividing  the 
Waters  of  the  Taakin  and  Catawba  Rivers,  which  J.,ine  is  to  be  parallel  to  Earl 
Granville's  South  Boundary  Line    (excepting  where   the  Bounds   of  the  Parifli  of 
Bobbs  interfere,  which  Parifh  is   hereby  intended  and  declared  to  be  included  in 
Surry  County)  and  by  the  faid  dividing  Ridge  and  the  Mountains  to  the  Virginia 
Line;  and  all  that  Part  bounded  to  the  Northward  by  the  Line  before  delcribed  to 
be  marked,  fhall  be,  and  is  hereby  annexed  to,  and  made  Part  of  Surry  County. 

III.     AND  be  it  further  EnaBed,  by  the  Authority  aforcfaid.    That  that  Part  of   w,irh.vu  added 
/?6;wv?«  County,    and   Parifh  of  Dc/'/{'j,  which   by  the  Divifion  of  i^ow^w  ?,ViA  Surry    '"-''*'• 
Counties  fell  into  Rowan  County,  be  added  to  Surry  County  as  aforefaid  ;    fo  that 
all  that  original  Trad  of  Land  called  Wachovia,  or  Dobbs  Pariih,  according  to  the 
known  Bounds  and  Limits  thereof,  be  made  Part  of  Surry  County,  and  be  and  re- 
main One  intire  Pariih  as  before,  diflind:  and  feparate  from  the  Parifh  of  St.  Jude, 

L  1  1  1  and 


54^  LAfi^Scf      ^OKT  H-C  A  R  O  L  I  N  A. 

^.  D.  1773.    and  any  other  Parifli  whatever,  and  be  intitied  to  ufe,  hold,  and  exercife  the  like 
•Lj— v~'"  ■<•     Authorities  and  Powers,  and  pofTefs  and  enjoy  the  lame  Immunities,  and  other  Prii: 
yileges,  as  other  Parilhes  m  this  Province, 

''"vl'd'ufT  1''        ^^"     PROVIDED  always.  That  nothing  pontained  in  this  Adl  fhall  be  con- 
viiJg=5."  ^"     '    ftrued  to  deprive  the  Parilhes  of  St.  Luke  and  St.  Jude  of  any  of  their  Privileges, 
Powers,  and  Authorities,  exclufive  of  the  faid  Parifli  of  Bobbs,  as  they  have  here- 
tofore enjoyed  them ;  any  Thing  contained  in  this,  or  any  other  Law,  to  the  con- 
trary, notwichftanding. 

Not   to   hirrti-r        V.     PROVIDED  alfoy  That  nothing  herein  contained  fhall  be  intended  to 
Sheriffs fronitur-   binder  any  Sheriff  or  Colkftor  of  Public  I'axes  oi  Rowan  County,  from  collefting 
^Mim.ig  cr    i  ■    ^^  diftraining  for  any  Taxes,  or  Arrears  of  Taxes,  now  due,  and  which  he  as  She- 
riff, or  Coliedtor  of  Public  Taxes  of  Rowan,  is  or  may  be  accountable  for,  from 
any  Perfon  or  Perfons  within  the  Bounds  before  mentioned  and  defcribed. 

VI,  AND  be  it  further  Ena£fed,  by  tJpe  Authority  aforefaid.  That  Griffith  Rutherford, 
Anthony  Hampton.,  John  Braby,  Robert  Lanier,  and  Chriflian  Ruiter,  Efquires,    are 
on.  hereby  appointed  Commiffioners  to  run  the  dividing  Lines,  agreeable  to  the  Direc- 

tions of  this  Adt ;  which  faid  Lines,  when  run  by  the  Commiffioners,  or  a  Majority 
of  them,  Ihall  be  by  them  entered  upon  Record  in  the  Court  of  each  of  the  faid 
Counties,  and  Ihall  be  hereafter  deemed  and  taken  to  be  the  dividing  Lines  of  the 
Counties  of  Rowan  and  Surry,  and  the  Expence  of  running  the  laid  Lines  to  be  paid 
by  the  Inhabitants  of  Surry  County,  out  of  the  County  Tax,  to  the  faid  Commiffi- 
oners, 

Rcpsaiingcbufe  VII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  fo  much 
of  a  former  Aft  of  Affembly,  intituled.  An  Act  for  dividing  the  Northern  Tart  of 
Rowan  County,  and  erecting  a  nezv  County  aJid  Parifh,  by  the  Name  of  Surry  County, 
and  St.  Judc'j  Pariflj,  as  comes  within  the  Purview  of  this  Art,  is  Irom  henceforth 
repealed  and  made  void. 

f  ! 1—-."  '- -»- —————— ——T—T- " 

C  H  A  P.     VIL 

An  Act  for  building  a  Gaol  in  Beaufort  County. 
Pieanibie.  I.  TTTHEREAS  the  Gaol  in  Beaufort  County  was  lately  burnt ; 


c< 

imrn 

im. 

'n 

ers 

n„,kc 

nttd 
;  the 

Di 

t) 

A" 

Of-mmim  r-ra  H.  £  £  j}  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  thg 
Leading  ihec/oK  Authority  of  the  fawe.  That  iVyriot  Or  mend,  Wiiliam  Brown,  and  Chrijlvpher  Refpfs, 
are  hereby  appointed  Commiffioners  ;  and  they,  or  the  Majority  of  them,  are  hereby 
authorized  and  impowered  to  agree  and  contracl  with  Workmen  and  others,  to  build 
and  compleat  the  laid  Gaol ;  And  in  Order  to  enable  them  to  defray  the  Cods  and 
Expenccs  thereof,  a  poll  Tax  of  Two  Shillings,  Proclamation  Money,  is  hereby 
impofed  on  each  taxable  Perlon  v/ithin  xhe  faid  County  for  one  Year,  and  the  She- 
riff of  the  faid  County  for  the  Time  being  is  hereby  impowered  to  colleft  and  receive 
the  fame  •,  and  the  faid  Sheriff  is  hereby  required  to  account  for  the  fame  to  the  faid 
Commiffioners,  or  the  Majority  of  them,  under  the  fame  Rules,  Regulations,  and 
Reftridions,  as  Sheriffs  are  liable  to  in  collefiing  and  accounting  for  Public  Taxes ; 
and  the  faid  Commiffioners  fo  afting,  are  hereby  direfted  and  required  to  account 
for,  and  fettle  with  the  Jullices  of  the  Inferior  Court  of  the  laid  County  ;  and  the 
Overplus,  if  any,  after  the  Cofcs  and  Expences  of  building  and  compleating  the 
faid  Gaol,  fliail  be  applied  towards  leffening  the  County  Tax. 


CHAP. 


L  A  JV  S    of    North-Carolika. 


s^s. 


CHAP.     VIII. 

An  Act  to  exonerate  John  Tagert  and  Francis  Adams,  late  Sheriffs  of  Tryon  County^ 
from  being  chargeable  with  the  Collection  of  Taxes  taken  into  South  Carolina. 

I.  T^rHEREAS  the  dividing  Line  extended  between  this  Province  2  id  South 
y  Y  Carolina,  by  Order  oi  his  Majefty  in  Council,  a  Number  of  Inhabitants 
that  before  the  Divifion  aforefaid  were  lilted  and  deemed  Taxables  of  Tryon  County, 
in  this  Colony,  are  fince  fallen  into  South  Carolina,  and  refufe  to  pay  their  Taxes  to 
this  Government;  and  there  being  no  Law  to  compell  them  to  pay  the  fame,  by 
which  Means  John  Tagert  and  Francis  Adaws,  late  Sheriffs  of  Tryon  County,  will 
become  chargeable  with  thofe  Taxes  that  they  have  not  colledted  irom  the  Perfons 
aforefaid  for  thefe  feveral  Years,  to  their  great  Injury  and  Hurt,  unlcfs  timely  pre- 
vented : 


Preambls, 


II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly^  and  by  the  sheriff-^  i-tUrz. 
Authority  of  the  fame.  That  from  and  aiter  the  pafling  of  this  Adt,  the  faid  Sheriffs  of  ]l  ^ZT^'"^-' 
Tryon  County  fhall  not  be  chargeable  with  any  Taxes  due  from  thofe  Perlons  that    "^ 

•were  lifted  and  deemed  Taxables  of  Tryon  County  aforeiaid,  who  fince  the  Divifion 
of  the  (aid  Provinces  have  fallen  into  South  Carolina,  until  a  Law  or  iome  Remeav  be 
had  for  that  Purpofe  from  the  Province  of  South  Carolina  aforeiaid,  to  compeil  them 
to  piy  the  fame ;  and  the  Court  of  Tryon  County,  at  any  Sefiions,  are  hereby  dir 
refted  and  authorized  to  give  Credit  to  the  faid  Sheriffs  in  their  Settlement  of  County 
Taxes  for  fuch  Taxables  as  have  fallen  into  South  Carolina  fince  the  runnint^  the  faid 
dividing  Line,  who  have  not  paid  the  fame;  a  Certificate  of  which  Settlement  fiiall 
be  by  the  Clerk  of  the  faid  Court  tranfmitced  to  the  Treafurer  of  the  Diitrid,  by 
which  the  faid  Treafurer  fhall,  and  is  hereby  bound  to  pafs  the  faid  Sheriffs  Public 
Accounts,  any  Law  to  the  contrary  notwithftanding. 

III.  PROVIDED  never thelefs.  That  nothing  contained  in  this  A 61  fhall  be  Not  tn  eremp: 
extended  to  excufe  the  faid  Sheriffs  from  being  chargeable  with  the  Payment  of  fuch  x^l^s'th!;'' hi'i!! 
Taxes  which  they  have  received  irom  fuch  Taxable  Perfons,    now  Inhabitants  of  r«dved.  '^ 
South  Carolina,  before  the  running  the  faid  Line,  or  which  they  fhall  hereafter  receive 

from  faid  Taxables,  or  from  the  Inhabitants  of  laid  County  ;  but  fhall  bona  fide  ac- 
•count  for,  on  Oath,  before  the  Inferior  Court  oi  Tryon  County,  and  pay  the  fame; 
any  Thing  herein  contained  to  the  contrary  notwithftanding. 


CHAP.     IX. 

An  Act  for  laying  out  and  eflablifhing  a  Public  Road  from  Charlotte  Town^  in  Mecklen- 
burg County,  to  Bladen  Court-Houfe. 


I. 


w 


HER E  A S  a  public  Road  from  Charlotte  Town,  in  Mecklenburg  County,    Preamble 
through  the  Counties  of  Mecklenburg  and  Anfon,  to  IlaU\  Ferry,    on 


Drowning  Creek,  and  from  thence  the  neareft  and  moft  convenient  Way  into  Joh7i 
fion's  Bluff  Road,  leading  to  Bladen  Court-Houfe,  would  be  of  fingular  Advantaoe 
to  the  Inhabi'tants  of  the  faid  Counties,  and  others,  and  would  promote  the  Trade 
and  Commerce  of  the  faid  Counties  : 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  /tffembly,  and  by  the 
Authority  of  the  fame.  That  John  Polk,  Adam  Alexander,  Robert  Barnet,  John  Cole, 
Charles  Robinfon,  William  Terry,  Jun.  Neil  McFall,  Jofcph  Ford,  Jofepb  Rigdn, 
James  Pig^ot,  and  Thomas  Robinfon,  Jun.  Efquires,  be,  and  they  are  hereby  ^ap- 
pointed Commiffloners,  for  laying  out  and  eftablifiiing  the  faid  Road;  and  they,  or 
a  Majority  of  them,  are  hereby  authorized  and  direded,  as  loon  as  conveniently 
may  be  after  the  pafflng  this  Acf,  to  lay  off,  mark,  or  eftablifli,  or  caufe  to  be  laid 
■off,  marked,  or  eft,4bliffneJ,  a  public  Road  from  Charlotte  Town,  in  Mecklenburg 
County,    through  the  Counties  of  Mecklenburg  and  Anfon^    to  /M's  Ferry,    on 

Dro-joninz 


Coxm'Cjnneri 
apDt)  ntfd  ((ir  lay- 
out the  Kosil,  * 


546 


LAWS    of    North-Carolina. 


A.  D.  1773.  Drowning  Creek,  and  from  thence  the  neareft  and  moll  convenient  Way  to  John- 

w*-\ '    /o»'s  Bluff  Road,  leading  to  Bladen  Court-Houfe  ;    and  the  laid  Lommiliioners,  or 

a  Majority  of  them,  after  having  marked,  ftaked,  laid  out,  and  tftablilhed  the  faid 
Road,  Ihall,  and  are  hereby  impowered  and  dirtdUd,  to  make  an  accurate  Plan 
thereof,  and  the  fame  to  return,  with  an  Account  ot  their  Proceedings,  to  the  next 
Inferior  Court  of  Fleas  and  Quarter  Seflions  to  be  thereafter  relpedivcly  held  for  the 
Counties  aforefaid ;  and  the  Juftices  of  the  faid  Courts  are  hereby  direcied  to  receive 
the  fame,  and  are  thereupon  authorized  and  required  to  appoint  lu  many  Overfeers 
or  CommiOloners  of  the  faid  Road  within  their  refpedive  Lounties,  as  to  them  fnall 
from  Time  to  Time  appear  convenient  and  neceilary  ;  and  the  laid  Ovcricers,  and 
the  Inhabitants  of  the  faid  Counties  refpedtivelyj  fhall  clear  and  work  on  the  faid 
Road,  in  the  fame  IManner,  and  under  the  fame  Rules  and  Regulations,  and  kibject 
to  the  like  Penalties,  as  is  prefcribed  by  an  Act,  intituled.  An  Act  to  mpwer  the  In- 
ferior Courts  of  the  fever al  Counties  in  this  Province  to  order  the  laying  out  of  Public  Roads, 
and  eflablifJj  and  fettle  Ferries,  and  to  appoint  where  Bridges  fhall  be  built,  Jo,  the  Uje  and 
Eafe  of  the  Inhabitants  of  this  Province^  and  to  clear  n.roigable  Rivers  cinu  Cra/cs. 

ThcitAiioT^rance.  III.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  faid  Com- 
milTioners  fhall  be  allowed  and  paid  lor  their  Trouble  and  Expcnces  in  marking, 
ftaking,  and  laymg  out  the  faid  Road,  the  Sum  of  Five  Shillings  each /tr  Da),  out 
of  the  County  Tax  oi  their  refpective  Counties. 


Preambls. 


A£l  continued. 


C  H  A  P.     X. 

An  Act  to  continue  an  Act,,  pdffeJ  the  Fifteenth  Day  of  January,  in  the  Tear  of  cur  Lord 
One  Thoufand  Seven  Hundred  and  Seventy  One,  intituled.  An  Act  to  ait^r  the  iv|ethud 
of  working  upon  the  Roads  in  the  County  therein  mentioned. 

H  E  R  E  A  S  the  before  recited  Act  is  near  expiring,  and  is  by  Experience 
found  to  be  of  Utility  to  the  County  therein-mentioned. 

II.  B  E  it  therefore  Enacts  J,  hy  the  Governor,  Council,  and  AJfembly,  and  by  tht 
Authority  of  the  fame.  That  the  before  recited  Act  be,  and  is  hereby  continued  for 
Three  Years,  and  from  thence  to  the  End  ot  the  next  Seflion  of  AlTenibly. 


CHAP.     XI. 


Preimblc. 


Vtn  rtr  making 
St.ps  Bcrors  the 
Rivers. 


Continosncc 
the  Afl. 


An  Act  to  prevent  making  Hedges  acrofs  Great  Cotentney  Creek^  little  River  of  Pee  Deej 

Rocky  and  Uahra  River. 

I.  TTTHEREASit  h.atli  been  reprefented  to  this  Aflembly  that  the  frequent 

y  y     making  of  Hedges  and  Stops  acrofs  Great  Cotentney  Creek,  little  River 

of  Pee  Dee,  Rocky  River,  and  Uahra  River,  is  not  only  deftrudtive  of  Filh,    but 

hath  rendered  the  Navigation  of  the  faid  Creek  and  Rivers  difficult  and  dangerous  3 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of 
the  fame.  That  from  and  after  the  pafling  of  this  Adl,  it  Ihall  not  be  lawful  for  any 
Perlon  or  Perfons  whomfoever  to  make,  ereft,  or  extend,  any  Hedge,  Stop,  or 
Dam,  in  or  acrols  Cotentney  Creek,  below  Stephen  Cobb' %  Mill,  Little  River,  below 
John  Smith''^  Mill,  Rocky  River  or  Uahra  River,  i-n  Anfon  County,  under  the  Penalty 
of  Twenty  Pounds,  Proclamation  Money ;  to  be  recovered  by  Action  of  Debt,  in 
any  Court  having  Cognizance  thereof,  by  any  Perfon  who  fhall  fue  for  the  fame* 

III.  AN D  be  it  further  EnaSled,  by  the  Authority  aforefaid.  That  this  A&.  fhall 
continue  and  be  in  Force  for  and  during  the  Term  of  Five  Years,  and  from  thence 
to  the  End  of  the  next  Seffion  of  Affembly,  and  no  longer. 


CHAP 


LAWS      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


51-7 


Q  H  A  F,     XII. 

An  Act  to  alter  the  Method  of  working  upon  the  Public  Roads  in  the  County  of  New 

Hanover. 


J.  D.    ,773. 


L  TT  THERE  AS  the  Power  given  to  Overfeers  by  an  Adl  of  Aflemblyj  pafTed 
W  in  the  Fifth  Year  of  his  Majtfty's  Reign,  inutulcd,  An  Act  to  im- 
pozver  the  Inferior  Courts  of  the  fever  al  Counties  in  this  Province  10  order  the  laying  out  Pub- 
lic Roads ^  and  eftahlifo  and  fettle  Ferries,  and  to  appoint^  zvhere  Bridges  Jloall  be  built,  far 
the  life  and  Eaje  of  the  Inhabitants  of  this  Province,  and  to  char  navigable  Rivers  and 
Creeks,  hath  been  found  inconvenient  in  the  County  of  IStw  Hanover,  and  not  to 
anfwer  the  Purpofes  thereby  intended  : 

.  II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  AJfemhly,  and  by  the  Authority  of 
the  fa,He,  That  the  County  of  New  Uanov-r  be,  and  ,is  hereby  divided  into  the  Four 
following  DiilricU,  and  that  Cornelius  Ilaryiett^  George  Merrick,  IFilliam  Purviance, 
William  Wilkinfon,  and  Bifjop  Dudley,  Efquires,  be  Comniiffioners  of  the  Roads  for 
the  South  Diftricl  of  the  faid  County,  lying  between  Cape  Fear  River  and  the  Sea, 
bounded  on  the  North  by  the  County  of  Onflow,  to  the  Weft  by  Cape  Fear  River 
2nd  Smith's  Creek,  fo  as  to  include  all  th:;-  Inhabitants  v/ithin  Two  Miles  Weft  of 
the  Road  leading  from  Wilmington  to  BujW?,  Swamp ;  and  that  the  Honourable 
John  Rutherford  2iX\d,  Lewis  DeP^ofjett,  Efquires,  Alexander  Lillington,  Frederick  Gregg, 
nnd  Thomas  bifher,  Efquires,  be  Comm.ifTioners  of  the  Roads  for  the  North  Eaft 
Diftrift  of  the  faid  County,  bounded  to  the  South  by  Smith's  Creek,  to  the  Weft 
by  the  North  Eaft  River,  up  the  faid  River  to  the  Bounds  of  the  County,  and  to 
include  all  the  Inhabitants  within  Two  Miles  Weft  of  the  high  Road  Icadin^r  irom 
Wilmington  to  BufJjy's  Swamp  aforefaid  ;  and  that  the  Honourable  Samuel  Strudwick, 
Efquire,  Samuel  Ajhe,  George  Moore,  Frederick  Jones,  and  William  Rolinfon,  Efquires, 
be  CommifTioners  of  the  Roads  for  the  Rocky  Point  Diftrift,  founded  to  the  South 
and  Eaft  by  the  North  Eaft  River,  to  the  Wtft,  by  Riley's  Creek,  and  thence  North- 
ward by  a  Line  parrallel  to  the  Public  Road  leading  from  Heron's  Bridge  to  the 
Bounds  of  the  County  of  Buplin  -,  and  that  Colonel  James  Mcore,  John  Colvin,  John 
Devaun,  John  Macdough'nell,  and  John  Larkin's,  Efquires,  be  Comminioners  of  the 
Roads  for  Black  River  Diftridl,  bounded  to  the  Weft  by  the  North  Weft  River,  to 
the  North  by  the  Counties  of  Bladen  and  Buplin,  and  to  the  Eaft  by  Riley's  Creek 
and  the  Weftern  Bounds  of  P^ocky  Point  Diftrid,  and  to  the  South  by  Negro  Head 
Point. 

III.  AND  be  it  further  Enacted,  by  the' Auttority  aforefaid.  That  in  Cafe  any 
Commiffioner  appointed  by  this  A£t  refufe  or  negled  to  take  upon  him  fuch  Office, 
br  (Kali  die  or  rcriiove  out  of  his  Diftrift,  the  remaining  or  furviving  Commiffioners 
of  fuch  Diftrid  fiiall,  and  are  hereby  required,  impowered,  agd  directed,  to  appoint 
another  in  his  R.oom  -,  who  fiiall  have  the  fame  Powei-,  and  fliall  be  liable  to  the 
fame  Pains  and  Penalties,  as  the  Co.mmiffioners  have  and  are  liable  to  who  are  ap- 
pointed under  this  Act. 

IV.  AND  he  it  further  EnaHed,  by  the  Authority  aforefaid.  That  the  before 
i-ecited  Act,  and  every  Claufe  and  Article  thereof,  fo  far  as  it  relates  to  the  County 
of  New  Hanover,  fhall  be  from  henceforth  repealed  and  made  void  :  And  the  Com- 
mifTioners appointed  by  Virtue  of  this  Act,  are  hereby  veftcd  Vv'ith  all  the  Pov/trs 
and  Authorities,  and  ftiall  be  filbject  to  the  fame  Rules,  Regulations  and  Reftricti- 
ons.  Pains  and  Penalties,  as  other  CommifTioners  of  Roads  are  vefted  with,  or  fub- 
ject  to,  by  an  Act  of  AfTembly,  intituled,  An  A5i  for  impowering  the  fever vd  Com- 
miffioners  herein  after  named  to  nuike^  mend,  and  repair,  all  Roads,  Bridges,  Cuts,  and 
Water  Courfes,  already  laid  out,  '.or  hereafter' to  be  laid  out,,  in  the  feveral  Counties  and 
DiftriSfs  herein  after  appointed,  in  fuch  Manner  ai  they  judge  mcft  ufeftil  to  the  Public; 
any  Thing  in  the  before  recited^ Aft. to  the  contrary  notwithftaading. 


Pi'camlle, 


Comml/Tinnsrj  of 
the  llojilj  ap< 
poinced. 


NiimSfr  of  Com- 
miirioiKts  kept 
up. 


Ref.ealir 


CommifTisncrs 
Povvct, 


M  m  rn  m 


CHAP. 


548 


LAWS    of    North-Carolina. 


A.   D. 


^ni- 


Preamble, 


Miniftcr's  Atten- 
iiancc  regulaUd. 


CHAP.     XIII. 

An  A5i  to  regulate  the  Attendance  of  the  Minifter  of  Chrift  Church  PcrifJo,  at  the  Parifb 
Church  in  the  'Town  <?/"  Newbern,  and  at  the  fever al  Chapels  in  the  f aid  Parifu. 

I.  TT  THERE  AS  from  the  late  Increafe  of  Inhabitants,  the  Refidence  of  the 
y  y     Governor,  and  Eftablifhment  of  the  Courts  of  Juflice  and  civil  Officers 
in  the  Town  of  Newbern,  the  more  regular  Attendance  of  a  Minifter  at  the  Parifh 
Church  in  the  faid  Town  is  become  abfolutely  necelTary : 

II.  BE  it  Enaufedy  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
of  the  fame.  That  from  and  after  the  palTing  of  this  Act,  the  Minifler  of  the  faid 
Parifh  of  Chrijl  Church  for  the  Time  being,  fhall  not  abfent  himfelf  from  the  faid 
Parifh  Church  in  the  Town  of  Newbern  more  than  Six  Sundays  in  any  Year ;  and 
that  the  faid  Minifter  fhall,  on  fome  Days  between  the  Months  of  March  and  De- 
cember, regularly  attend  the  feveral  Chapels  that  now  are,  or  hereafter  fhall  be 
erected  in  the  faid  Parifh,  twice  in  every  Year  j  any  Order,  Law,  Ufage,  or  Cuftom, 
to  the  contrary,  notwithftanding. 


Preambls. 


Courts  to  appoint 
Jurors. 


No     Per  Ton 

fffve     as      Jtir 

Two       fuccclTi 

Coort 

he  has  any  Suit. 


CHAP.     XIV. 

Ah  A51  for  dire5ling  the  Method  of  appointing  Jurors  in  all  Caufes,  civil  and  criminal, 

I.  TTTTHEREASa  juft  Decifion  of  Suits  and  Controverfies  in  the  feveral 
y  Y     Courts  of  Juftice  within  this  Province,  depend  on  the  Integrity  and  Ca- 
pacity of  Jurymen : 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
of  the  fame.  That  the  Jultices  of  the  Inferior  Courts,  within  the  Diftrid  of  tach  Su- 
perior Court  within  this  Province,  fhall,  and  they  are  hereby  direded,  before  the 
fitting  of  any  Superior  Court,  to  nominate  Twenty  Four  Freeholders  to  ferve  as 
Grand  Jurymen,  and  Twenty  Four  Freeholders  to  ferve  as  Petit  Jurors,  at  fuch 
Superior  Court. 

III.  PR  0  VIDE  D  always.  That  no  Inferior  Court  fhall  knowingly  nominate 
any  Perfon  to  ferve  as  a  Grand  or  Petit  Juror  at  Two  Courts  fucccfTivtly,  nor  any 

iiere   Pgrfon  fervc  on  the  Petit  Jury  who  fhall  have  an  Adion  or  Suit  at  Iffue  in  the  Su- 


Juror«  for  the  fe- 
veral Cuunties, 


Pen    for  non-At 
tendance. 


perior  Court,  at  the  Term  to  which  he  fhall  be  fo  nominated. 

IV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Number 
of  Freeholders  to  be  nominated  for  each  County,  to  ferve  as  Jurors,  fhall  be  pro- 
portioned as  follows,  to  wit,  C?'^i;£'«  County  Eighteen,  Carteret  Four,  Beaufort  S\y.,, 
Hyde  Four,  Dobbs  Six,  Pitt  Six,  Johnfton  Four,  Chowan  Ten,  Perquimons  Six,  Paf- 
quotank  Eight,  Currituck  Four,  Tyrrell  Six,  Bertie  Eight,  Hertford  Six,  Northampton 
Twelve,  Halifax  Sixteen,  Edgcomb  Ten,  Bute  Ten,  Orange  Twenty,  Granville 
Twelve,  Chatham  Ten,  IVake  Eight,  Rowan  Twelve,  Anfon  Seven,  Mecklenburg 
Seven,  Tryon  Eight,  Surry  Seven,  Guilford  Seven,  New  Hanover  Twelve,  Bladen 
Eight,  Onflow  Eight,  Duplin  Eight,  Cumberland  Six,  Erunfwick  Six ;  a  Lift  of 
which  Jurors,  fo  nominated,  fhall  be  delivered  by  the  Clerk  of  each  Inferior  Court 
of  Pleas  and  Qiiarter  SefTions  to  the  Sheriff,  who  fliall,  and  is  hereby  required,  to 
fummon  the  Perfbns  fo  nominated  to  ferve  as  Jurymen  at  the  Superior  Court :  And 
if  any  Jurymen  fo  fummoned,  fhall  fail  to  appear,  he  fhall  be  fined  Five  Founds, 
Proclamation  Money,  unlefs  he  can  fliew  fufhcient  Caufe  to  the  next  Court  to  ex- 
cufe  his  non-Appearance-,  which  Fine  fhall  be  applied  to  the  Payment  of  fuch  Ju- 
rors as  fliall  attend  from  the  faid  County,  and  thereby  lefTen  the  County  Tax. 

V.  PROVIDED  always.  That  if  any  of  the  fiid  Inferior  Courts  of  Pleas  and 
Quarter  SefTions  fliall  fail  or  negleft  to  nominate  Freeholders  to  ferve  as  Grand  or 

Petit 


L  A  JV  S    of    North-Carolina. 


Petit  Jurors  as  aforefaid,  or  the  Perfons  fo  nominated  lliall  fail  to  attend,  it  fliall 
and  may  be  lawful  for  fuch  Superior  Court  to  order  and  direft  the  Sheriff  to  fum- 
mons  other  Freeholders  of  the  By-Standers,  to  ferve  as  Jurymen  for  either  Grand 
or  Petit  Jurors ;  and  the  Perfons  fo  fummoned  fhall  be  deemed  and  held  as  lawful 
Jurymen.  Provided,  That  fuch  By-Standers  as  fhall  be  fummoned  to  ferve  on  the 
Petit  Jury,  fhall  and  may  every  Day  be  difcharged ;  and  the  fucceeding  Day,  and 
fo  from  Day  to  Day,  during  the  Continuance  of  the  Court,  the  Sheriff  fhall  fum- 
mons  of  the  By-Standers,  fo  many  as  Ihall  be  neceffary ;  and  every  Per'^on  fo  fum- 
moned of  the  By-Standers,  who  (hall  not  appear  and  ferve  as  Jurymen,  Ihall  be  fined 
the  Sum  of  Three  Pounds,  Proclamation  Money,  unlefs  he  can  fliew  fufficient  Caufe 
to  be  admitted  by  the  Court,  to  be  applied  as  before  direfted. 

VI.  A  N  D  that  the  Fines  may  be  applied  according  to  the  Diredions  of  this 
Acb,  Be  it  further  Ena5ied,  by  the  Authority  aforefaid.  That  the  Fines  herein  impofed 
(liall  be  levied  by  the  Sheriff  of  each  refpcftive  County  wherein  each  Perfon  fhall 
refiJe,  who  fnail  be  fummoned  as  a  Juryman  as  is  herein  direfted,  and  fhall  fail  to 
appear  and  ferve  as  fuch  •,  and  fuch  Sheriff  fhall  be  accountable  for  the  fame  to  the 
Ititerior  Court  of  his  County. 

Vil.  AND  le  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  Sheriff  of 
each  refpeilive  County  (hall,  and  is  hereby  required,  to  fummons  the  Freeholders  in 
the  Lift  to  be  delivered  to  him  by  the  Clerk  of  the  Inferior  Court  of  his  County, 
at  lead  Ten  Days  before  the  fitting  of  the  Superior  Court  at  which  fuch  Freeholders 
are  to  attend  as  Jurors  -,  which  he  may  do  perfcnally,  or  by  leaving  a  Note  or  Sum- 
mons, in  Writing,  at  the  Dwelling-Houfe  of  fuch  Freeholder,  fo  to  be  nominated 
as  aforefaid. 


549 


A.  D. 


^73- 


By  Standeis  m.  y 
be  iuiTimuned, 


Time     of     their 
Aucndancc. 


Fines  hew  lavitd. 


Jufrs    when    to 
be  fuir.muoed. 


VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Clerk 
of  each  Superior  Court  fhall,  every  Day  during  the  Continuance  of  fuch  Court, 
write  the  Names  of  all  Petit  Jurors  appearing,  on  Scrolls  or  Pieces  of  Paper,  which 
fhall  be  put  into  a  Box  ;  and  on  every  Iffue  in  every  Suit  where  it  is  not  otherwile 
agreed  by  Confent,  a  Child  under  Ten  Years  old,  in  open  Court,  fhall  draw  out  of 
the  faid  Box  Twelve  of  the  laid  Scrolls  or  Pieces  of  Paper-,  and  the  Perfons  whofe 
Names  fhall  be  on  the  faid  Scrolls  or  Pieces  of  Paper,  drawn  as  afore.'aid,  (hall  be 
the  Jurors  to  try  fuch  Iffue,  provided  that  they  all  do  appear ;  and  in  Cafe  of  De- 
iaulters,  other  Scrolls  fhall  be  drawn,  till  a  fufficient  Number  fhall  appear  to  make 
a  compleat  Jury. 

IX.  PROV IDED  always.  That  if  any  of  the  Jurors,  whofe  Names  fhall  be 
drawn  as  is  herein  before  directed,  ihall  be  lawfully  challenged,  other  Scrolls  fhall 
"be  drawn  in  Manner  aforefaid,  as  Occafion  may  require,  till  a  complete  Number 
of  Jurors  (hall  be  made  out. 

X.  AND  whereas  the  attending  Superior  Courts  well  be  very  expenfive  to  Ju- 
rors :  For  Remedy  whereof.  Be  it  Enabted,  by  the  Authority  aforefaid.  That  each  and 
every  Juror  who  Ihall  attend  either  of  the  Superior  Courts  to  which  he  fhall  be  no- 
minated as  aforefaid,  and  fummoned,  in  Virtue  of  this  Ad,  upon  producing  a  Cer- 
tificate from  the  Clerk  of  me  Superior  Court  of  the  Time  of  his  Attendance,  to  the 
Inferior  Court  of  the  County  where  he  refides,  fnall  have  and  receive  Three  Shillings, 
Proclamation  Money,  for  every  Day  he  fhall  travel  and  attend  as  aforefaid,  and  an 
Allowance  for  his  Ferriages,  if  certified  as  aforefaid,  to  be  paid  out  of  the  County 
Tax. 


ing  Juiies. 


Provlfo  for  Chal- 
lenges, 


Jurors 
aiice. 


Allow* 


XI.     BE  it  further  EnaEled,  by  the  AuthoYity  aforefaid.  That  every  Juror  in  the    sj.  oneverjfS.nt 
Superior  and  Inferior  Courts  fliall  be  allowed  Eight  Pence  for  every  Suit  tried  by    '"  ^^''^' 
hi.m,  which  ihdil  be  paid,  by  the  Party  paying  Cods  on  the  Suit,  to  tlie  faid  Jurors. 


XII.  AND 


55^ 


L    A   iV  S      CJ      N  O  R  T  H-C  A  R  O  L  1  N  A. 


^.  D.  iTii- 

Two  Surveyors 
!Djy  be  appointed 
to  rui  oat  Lands 
in  D.lpute. 


'Th:iiAUo«'dnce, 


Where  on?  may 
be  appointed. 


XII.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  in  all  Suits  in 
the  Superior  Courts  ol  Juftice  within  this  Province,  \Yherein  the  Title  or  Bounds  of 
Lands  lliail  conae  in  Qiidlion,  if  it  fhall  appear  to  the  Court  neceffary,  iuch  Court 
may  order  Tv/o  Surveyors  (one  to  be  named  by  each  Party)  to  attend,  and  run  out 
and  furvey  the  Lands  in  DiJpute,  agreeable  to  the  Bounds  and  Lines  expreffed  in 
each  Parties  Titles,  and  make  Three  accurate  Plans  of  fuch  Surveys,  and  return 
the  fame  to  fuch  Court;  which  Order  fuch  Surveyors  are  hereby  required  to  obey, 
and  ihall  be  allowed  Twenty  Shillings,  Proclamation  Money,  each,  iov  every  Day 
they  fhall  be  travelling  to  and  from  attending  the  Surveys,  and  perlorming  the  Duty 
by  this  Aft  required  j  v,'hich  Allowance  fhali  be  taxed  in  the  Bill  of  Cofts,  and  paid 
by  the  Party  caft.         ,-,  -  j.;:   •,;  ■ 

.  XIII.  PROVIDED  neverthelefs^  If  the  Parties  fhall  agree  to  have  but  One 
Surveyor  appointed  to  perform  fuch  Services,  that  then,  and  in  Iuch  Cafe,  the  Court 
fhall  order  one  Surveyor  only  to  attend,  furvey,  and  run  out  the  Lands  in  Difpute  j 
who  ihall  return  Three  Plans  in  the  fame  Manner,  and  be  intitled  to  the  latr^e  Al- 
lowance, as  he  would  have  been  intitled  to,  if  Two  Surveyors  had  been  appointed. 


Jar*rs  to  be  (um- 
inoned  for  the 
Iiifcrior  Courts, 


ThcirAttendance 
i.iforced. 


XIV.  AN  D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  the  Sheriff  cf 
each  refpedtive  County  of  this  Province  fhall.  Five  Days  at  leaft  before  the  fitting 
oi  each  refpedive  Inferior  Court,  to  be  held  after  the  pafTing  of  this  Ad,  fummoa 
Twenty  Four  Freeholders  to  ferve  on  the  Grand  Jury,  and  Twelve  Freeholders  to 
ferve  on  the  Petit  Jury,  to  attend  at  fuch  Courts  refpe6tiveiy,  which  faid  Jury  fliaii 
appear  and  give  their  Attendance  accordingly,  till  difchargcd  by  the  Court  •,  and 
that  there  may  not  be  a  Default  of  Jurors,  it  fliall  and  rnay  be  lawful,  during  the 
fitting  of  the  Inferior  Court,  for  the  SheriB",  by  Order  of  the  faid  Court,  to  fum- 
mon  of  the  By-Standers  other  Jurors,  being  Freeholders,  to  ferve  on  the  Petit  Jury, 
from  Day  to  Day;  and  on  any  Day  of  the  faid  Court,  the  Juflices  may  difcharge 
thofe  who  have  ferved  the  preceding  Day, 

XV.  AND  to  ihforce  the  Attendance  of  Jurymen  at  ihe  faid  Inferior  Courts, 
Be  it  Enacted,  by  the  Authority  aforefaid.  That  every  Perfon  who  fhall  hereafter  be 
fummoned  in  Virtue  of  this  Adl,  to  appear  either  as  a  Grand  or  Petit  Juryman  at 
any  Inferior  Court,  and  fhall  fail  to  appear,  or  to  give  his  Attendance  till  dilcharged 
by  Order  of  the  Court,  fiich  Perfon  fo  failing  to  appear,  or  giving  his  Attendance 
till  difcharged,  fhall  be  fined  Forty  Shillings  by  the  Juftices  of  the  Inferior  Court 
(to  be  applied  towards  defraying  the  Charges  of  the  County,  and  kfrening  the 
County  Tax)  unlefs  he  fhall  Ihew  fufiicient  Caufe  to  the  next  fucceeding  Court  for 
fuch  Failure. 


No  Procefs  to  le 
ferved  on  Jurors, 
during  their  At- 
tendance. 


-  XVI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Sheriff, 
or  other  Officer,  fhall  ferve  or  execute  any  Writ,  or  oihcr  Procef«,  on  the  Body  of 
any  Juror,  during  his  Attendance  on,  or  going  to,  and  returning  from  any^of  the 
faid  Courts ;  and  any  fuch  Service  fhall  be  void,  and  the  Defendant  may  on  Motion 
be  difcharged. 


Continoance 
the  Afl. 


XVI I.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  this  Aft 
fhall  continue  and  be  in  Force  for  and  during  the  Space  of  Six  Months,  from  and 
after  the  paffing  hereof^  and  from  thencC  to  the  End  of  the  next  StfTion  ot  Afiem- 
bly,  and  no  longer. 


FreamWe. 


CHAP.     XV. 

An  Aoi  for  rendering  the  Navigation  cf  Trent  FJver  more  vfefid  and  advantagemis. 

I.  X^T"  H  E  R  E  A  S  about  Twenty  Five  Miles  above  the  Town  of  Newbern,  in 

y  Y     Craven  County,  the  River  Trent  makes  a  fudden  Crook  or  Turn  round 

a  Piece  of  low  Lands  near  the  Diftance  of  Five  Miles,  and  then  returns  within 

Eighty 


LAWS    of    North-Carolina. 


SS^ 


Eighty  Feet  of  the  Place  where  the  faid  Crook  began;  and  whereas  the  faid  River  ^-  D-  ^iiZ' 
is  there  in  many  Places  fhoal,  and  otherwife  fo  flopped  up,  as  to  render  the  Paflage 
of  Crafts  both  difficult  and  dangerous  ;  and  as  the  faid  Difadvantages  may  be  eafily 
removed,  by  cutting  a  Canal  through  a  fmall  Neck  of  Land  called  Harper's^  the 
Proprietor  thereof  unknown,  which  the  Inhabitants  are  willing  to  perform  at  their 
own  Expen.ce ; 


II.  BE  it  therefore  Enacted^  hy  the  Governor,  Council,  and  JJJembly,  and  by  the 
Authority  of  the  fame,  Th&x.  Lemuel  Hatch,  Edmond  Hatch,  ?LV\d  Emanuel  Simmons,  be, 
and  are  hereby  appointed  Commiflioners,  for  laying  out  and  direding  the  Execution 
ot  the  faid  Canal;  and  they,  or  any  of  them,  are  hereby  invefled  with  full  Power 
and  Authority  to  fee  the  lame  carried  into  Execution,  without  incurring  any  For- 
feiture or  Damage  for  cutting  the  faid  Canal  through  the  Lands  of  any  Perfon  or 
Perfons  whatfoever  •,  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 


Comm'tTionersfoj 
cutting  a  Cioil. 


CHAP.     XVL 

An  A  Si  to  encourage  the  defiroying  Vermin  in  the  fever  al  Counties  therein-mentioned. 

1.  T¥  THERE  AS  the  Counties  of  5«/^,    Orange,    Anfon,   Granville,   Tyrrell, 
VY     Chatham,  Wake,  Mecklenburg,  Guilford,  Onflow,  Carteret,  and  Surry,  are 
much  infefted  with  Wolves  and  other  Vermin,  to  the  great  Prejudice  of  the  Inha- 
bitants thereof: 


Preaml^Iea 


Manner    ot    oba 
ia;nlng  the  fame.- 


IL  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority  of  F'^mmms  /or 
'the  fame.  That  every  Perfon  who  lliall  kill  any  of  the  Vermin  herein  after  mentioned,  '  '"^ 
within  Ten  Miles  of  any  fettled  Plantation  in  any  of  the  faid  Counties,  Ihall  be  in- 
tided  to  a  Claim  on  the  County  where  fuch  Vermin  fhall  be  killed,  to  the  feveral 
Rewards  as  follows :  For  every  Wolf  Ten  Shillings,  Proclamation  Money,  for 
every  Wild  Cat  Two  Shillings  and  Six  Pence,  and  for  every  Panther  Ten  Shillings, 
•to  be  paid  ■p.s  herein  aft.r  dircded, 

ilL  AND  be  it  further  EnaSied,  by  the  Authority  aforefaid.  That  any  Perfon 
who  fhall  have  a  Claim  for  killing  any  of  the  aforefaid  Vermin,  are  hereby  diredcd 
to  produce  the  Scalp  of  the  afordaid  Vermin,  with  both  Ears,  before  a  Magiftrate, 
who  is  to  adminitter  an  Oath  to  fuch  Perfon  claiming  the  fame,  that  it  was  taken 
and  killed  within  the  Bounds  of  fuch  County  where  the  Claim  fhall  be  made ;  and 
if  any  Slave  or  Indian  that  (hall  kill  any  Vermin,  of  which  the  Head  or  Scalp  fliall 
be  produced  as  aforefaid,  the  Mafter  or  Owner  of  kich  Slave  or  Indian,  or  he  that 
makes  Claim  for  fuch  Scalp  or  Scalps  in  Behalf  of  any  Slave  or  Indian,  fhall  make 
Oath  before  fuch  Magiflrate,  that  he  verily  believes  the  fame  was  taken  and  killed 
within  the  Counties  wherein  the  fame  was  claimed  ;  which  Oath  being  adminiflered, 
the  Magiftrate  is  hereby  direded  to  give  a  Certificate  for  the  fame,  and  immediately 
caufe  fuch  Scalp  to  be  deftroyed.  ' 

IV.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  any  Perfon 
having  a  Ccriificate  from  any  fuch  Magiftrate,  fhall,  upon  producing  the  fame  to 
the  Court  of  the  County  where  fuch  Certificate  was  obtained,  be  intitled  to  the  Sum 
or  Sums  due  upon  fuch  Certificate ;  which  feveral  Sums  ib  paid,  fhall  be  allowed 
by  the  Court  out  of  the  County  Tax, 

V.  AND  be  it  further  Ena5ied,  by  the  Authority  aforefaid.  That  the  feveral  Tuf-    Tax  kid  fo:  j:, 
tices  of  the  Inferior  Courts  of  Pleas  and  Quarter  SefTions  within  the  faid  Counties, 

are  hereby  required,  authorized,  and  impowered,  to  lay  a  Tax  on  the  feveral  taxa- 
ble Perfons  within  their  refpedive  Counties,  for  difcharging  the  faid  Claims. 


Courts  tojiay  tji^ 
Claims.    ■"  ■ 


N  n  n  n 


yi.  AND 


^^2       •  L  A  JV  S    o/'    North-Carolina. 


A.  D.  1773.        VI.     AND  be  it  further  Ena5led,  hy  the  Authority  aforefaid^  That  this  Aft  fhal! 
^~'!'^  be  and  continue  in  Force  for  and  during  tiie  Term  of  Five  Years,  and  from  thence 

i\,Thi\!"'^   "    to  the  End  of  the  next  Sefllon  of  Aflembly,  and  no  longer. 


CHAP.     XVII. 

Ah  additional  A5i  to  an  Act,  intituled.  An  A<5t  for  eftabliftiing  a  School-Houfe  in  the 

Town  of  Newbern. 

Preamble.  J,  "T  T  T  H  E  R  E  A  S  the  incorporated  Society  for  promoting  and  eftablifhing  the 

YY  Public  School  in  Neii-bern  have  taken  up  Four  Lots  of  Land,  lying  in 
the  laid  Town,  known  in  the  Plan  thereof  by  the  Numbers  or  Figures  gig,  327, 
328,  and  329,  and  are  contiguous  to,  and  in  the  fame  Square,  in  which  the  faid 
tjociety  have  eredted  a  large  and  convenient  Building,  for  the  Ufe  and  Accommo- 
dation of  the  Maftcr  'and  Scholars  of  the  faid  School ;  and  it  being  inconvenient 
that  any  other  Buildings  fufRcient  to  fave  the  faid  Lots  lliould  be  ereded  on  the 
fame : 

Lots  .f'cciared  to '     II.     BE  it  therefore  Enacted,    by  the  Governor,  Council,  and  Jjfembly,  and  by  the 
be  r^ved,.  Authority  ofthefatne.  That  the  faid  Building  already  ereded,  Ihall  be  held,  deemed, 

and  taken  to  be  a  fufficient  Saving  and  Improvement  of  the  faid  Lots  Number  313, 
327,  328,  and  329,  within  the  Extent  and  Meaning  of  the  Aft  of  Afirmbly  in  iuch 
Cafe  made  and  provided  -,  and  the  faid  Four  Lots  are  hereby  declared  to  be  faved  and 
improved  Lots  accordingly,  and  veiled  in  the  Truftees  of  the  faid  incorporated  So- 
ciety, and  their  Succeffors,  for  ever,  in  Truft  and  Confidence,  to  and  for  the  Ufe 
of  the  faid  School ;  any  A61  or  Ads  of  Aflembly  to  the  contrary  notwithftanding. 


CHAP.     XVIIL 

An  Act  to  prevent  hunting  with  a  Gun  in  the  Night  by  Fire  Light. 

Pr«mUe,  I.  'f'^THEREAS  many  Perfons,  under  Pretence  of  hunting  for  Deer  in  the 

YY     Niglic  by  Fire  Light,  kill  Horfes  and  Cattle,  to  the  Prejudice  of  the 
Owners  thereof: 

Pen.  for   Fire        H.     B  E  it  therefore  Enacted,    by  the  Governor,  Council,  and  Affemhly,  and  ly  the 
hunting.  Authority  of  the  fame.  That  if  any  Perfon  or  Perfons  fhall  be  dil'covered  hunting  in 

the  Woods  with  a  Gun  in  the  Night  Time,  by  Fite  Light,  fuch  Perfon  or  Perfons 
fo  offending,  fhall  forfeit  and  pay  for  every  Offence  the  Sum  of  Five  Pounds,  Pro- 
clamation Money,  to  be  recovered  by  a  Warrant  from  any  Juflice  of  the  Peace  in 
the  County  ;  one  Half  to  the  Informer,  the  other  Half  to  the  Ufe  of  the  Parifli 
where  fuch  Offence  fliall  be  committed  :  And  upon  due  Conviftion  thereof  before 
fuch  Jullice  on  Trial,  it  fhall  and  may  be  lawful  for  fuch  Juflice  thereupon  to  give 
Judgment,  and  award  Execution  againft  the  Body,  Goods  or  Chattels,  of  the  Of- 
fender, and  order  fuch  Offender  to  the  County  Gaol,  there  to  remain  one  Month, 
without  Bail  or  Mainprize,  or  until  the  iaid  Fine,  and  the  Fees  accruing  thereon, 
fliall  be  paid. 

Pen  on  Slaves.  HI,  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  if  any  Slave  or 
Slaves  (hall  be  difcovered  hunting  in  Manner  herein  before  mentioned,  fuch  Slave 
or  Slaves  Ihall,  upon  due  Convidtion  thereof  before  any  Juflice  of  the  Peace  of  the 
County,  have  and  receive  Fifty  Lafhes  on  his  bare  Back,  well  laid  on  ;  and  the  Gun 
or  Guns  found  in  the  PolfcfTion  of  any  Slave  fo  hunting  in  the  Night  as  aforefaid, 
fnall  be  forfeited  to,  and  become  the  Property  of  the  Perfon  or  Perfons  that  fhall 
difcover  and  profecute  any  Slave  or  Slaves  in  Manner  as  aforefaid. 

IV.  AND 


LAWS    i)/    North-Carolina.  SSI 

IV.     AND  be  it  further  EnaSfed,    by  the  Authority  aforcfaid^    That  an  Aft  of   ^-  D.    1773, 
Affembly,  pafled  «t  Newbern,  in  the  Seventh  Year  of  his  Majcfty's  Reign,  intituled,    r'^'^*'^;^j 
An  Act  to  prevent  hunting  for  and  killing  Deer  in  the  Manner  therein  mentioned^  be  from 
henceforth  repealed  and  made  void. 


CHAR     XIX.  "-^ 

An  additional  Act  to  an  Act^  intituled.  An  Aft  for  amending  an  Aft,  intituled.  An 
Aft  for  the  better  Regulation  of  the  Town  of  Newbern,  and  for  fecuring  the 
Titles  of  Perfons  who  hold  Lots  in  the  faid  Town. 

H  E  R  E  A  S  from  the  great  Increafe  of  Buildings  in  the  Town  of  Ne-'d,^-    Vtumhiu 
hern.  Damages  may  hereafter  arife  by  Fire ;    and  it  appearing  neceffary 

that  Water  Engines,  and  other  Inflruments  for  extinguifning  Fire,  be  procured  as 

foon  as  pofTible  : 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Ajfembly,  and  by  the  Authority  h  uf-?  taxed  for 
of  the  fame.  That  the  CommifTioners  of  the  faid  Town,  or  the  Majority  of  them,  P";;f/J"e^J"' 
iTiall,  and  they  are  hereby  required,  to  affefs  and  value  every  Houfe  v/ithin  the  laid 
Town  (Public  Buildings  exctpted)  and  to  lay  a  Tax  on  fuch  Value,  not  exceeding 
Two  Shillings  in  the  One  Hundred  Pound,  for  eacj?  Year,  during  the  Continuance 
of  this  Aft ;  and  alfo  in  like  Manner  aflcls  the  Tradts  or  Faculties  of  all  Rcfiden- 
ters  who  are  not  Owners  of  Houfts  in  the  faid  Town,  Regard'  being  had  to  their 
Circumftanci-s,  fo  tl.at  the  AflelTment  may  be  equally  proportioned  to  the  Danger 
they  may  be  fubjeft  to  by  Fire;  which  Money,  afTcfTed  on  the  Owners  of  Houles 
and  Refideniers  as  aforefaid,  fhall  be  collefted  and  applied  cov/ards  purchafing  a 
Water  Engine,  Buckets,  Ladders,  and  other  Inflruments  proper  for  extinguifhing 
Fire,  and  ercrfting  one  or  more  Public  Pumps  -,  and  if  any  Perio.n  fhall  negleft  or 
refufe  to  pay  fuch  Aneifment,  the  fame  fhall  be  levied  by  a  Wan:ant,  under  the 
Hands  o!  the  CommifTioners,  or  a  Majority  of  them,  direfted  to  the  Sheriff  of  Cra- 
ven County,  or  to  the  Conftable  of  the  faid  Town,  on  the  Effefts  of /uch  Delin- 
quent or  Delinquents :  And  as  foon  as  fuch  Engine,  and  other  Infcrumenis  for  ex-  Fir-  Company 
tinguifiiing  Fire  as  aforefaid,  fliall  be  procural,  it  fliall  and  may  be  lav/ful  ior  the 
faid  CommifTioners,  or  a  Majority  of  them,  to  appoint  and  eflablifh  a  Fire  Coripany 
to  manage  and  work  the  faid  Engine. 


etV  b!:ft:d. 


III.  AND  be  it  further  Ena"ed,  by  the  Authority  aforefaid.  That  the  Fire  Com-    Th.iiDutjr. 
pany  to  be  appointed  in  Virtue  of  this  Aft,  fhall  once  in  every  Month  exercife  ihem- 

felves,  and  work  the  faid  Engine ;  and  alfo  be  ready,  in  Cafe  of  an  Alarm  by  Fire, 
to  repair  to  the  Place  where  fuch  Fire  fhall  happen,  to  be  vnxh.  the  faid  Engine  and 
other  Inflruments,  and  then  and  there  ufe  their  utmofl  Efforts  to  extinguifli  the  fame, 
under  the  Penalty  of  forfeiting  each  Five  Pounds,  Proclamation  Money,  for  fuch 
Refufal  or  Negleft;  to  be  recovered  and  applied  as  herein  after  direfted. 

IV.  AND  be  it  further  EnaSJed,  by  the  Authority  aforefaid.  That  the  Fire  Com-    Their  Pr;v;;eg«. 
pany  for  the  Town  of  Neivbcrn,  and  each  and  every  of  them,  during  the  Time  they 

continue  to  comply  v/ith  the  Direftions  of  this  Aft,  fliall  be  exempt  from  bearing 
Arms  at  Mufters,  and  ferving  on  any  Jury  i  any  Thing  contained  in  any  Law  to 
the  contrary,  notwichftanding. 

V.  AND  be  it  further  EnaHcd,  by  the  Authority  aforefaid.  That  each  and  every  HoufeUeeper?  to 
Houfcholder  within  the  faid  Town  of  Neivbern  fliall  procure,  or  caufe  to  be  pro-  ■"'"""'  ^^"^"^ 
cured,  within  Six  Months  after  the  pafTing  of  this  Aft,  Two  lufhcient  Leather 
Buckets,  and  a  Ladder,  of  not  Icfs  than  Twenty  Five  Feet  long,  and  keep  the  fame 
in  continual  Readinefs  againfl  any  Alarm  by  the  breaking  out  of  Fire  in  the  faid 
Town  ;  on  Negleft  whereof,  he,  flie,  or  they,  fhall  forfeit  and  pay  Forty  Shillings, 
for  .every  Year  they  continue  or  negleft  to  be  furniflied  as  aforelaid. 

VI.  AND 


|)r<tiire    BuckeM 


554 


L   A   ^  S      of      NORT  H-C  A  R  O  L  I  N  A. 


J.  D.  1775. 

P.n.  for  riding 
HoT(es  imm"dt;- 
rjtely  in  Town. 


VI.  ANB  he  it  further  Enacted^  by  the  Authority  aforefafd.  That  from  and  after 
the  pairing  this  Afl^  no  Perfon  whatever  fhall  immoderately  ride  any  Horib  or  Mare, 
or  in  like  Manner  drive  any  empty  Waggon,  Cart,  or  other  Carriage,  in  or  through 
the  Streets  of  the  faid  Town  :  And  if  any  Perfon  fhall  offend  herein,  and  be  con- 
vifted  thereof,  he,  Ihe,  or  they,  Ihall  forfeit  and  pay  Ten  Shillings  for  each  and 
every  Offence-,  if  the  Offender  be  under  Age,  the  Parent,  Maftcr,  or  Guardian, 
fhall  pay  the  faid  Fine;  and  if  a  Slave,  fhall,  by  Order  of  the  next  Magiflrate,  be 
whipped,  not  exceeding  Twenty  Lafhes,  unlefs  the  Mafler  of  faid  Slave  fhall  pay 
the  laid  Fine. 


AfTizs   of    Br^: 
tu  be  regulated. 


Wind  Corder  ap. 
fuiuted. 


Pfn.    for 

without 

examined. 


felling 
being 


■(Sorder's  Fee, 


Meal   to  be  iAi 
by  Weight. 


S^ire, 


for   Chinr 
being      01: 


VI I.  AN  D  be  it  further  Ena5Ied,  ly  the  Authority  aforefaid.  That  the  Commif- 
fioners  of  the  faid  Town,  or  the  Majority  of  them,  fliall,  and  they  are  hereby  im- 
powered  and  required,  to  regulate  the  Affize  of  Bread,  when  neceffary  ;  and  any 
Perfon  or  Perfons  refufing  to  comply  with  fuch  Orders,  fliall  forfeit  and  pay  Forty 
Shillings  fOr  every  RcfuXal  %  to  be  recovered  and  applied  as  is  herein  after  direfted. 

VIII.  AND  be  ii  further  Etta5ied,  by  the  Authority  aforefaid^  That  the  Cpm- 
miffioners  of  the  faid  Town,  or  the  Majority  of  them,  for  the  Time  beihg,  fhall 
yearly,  and  every  Year,  appoint  a  proper  Perfon  to  cord  Wood  in  the  faid  Town, 
who  fhall  take  an  Oath  for  the  faithful  and  impartial  Difcharge  of  his  Duty  before  a 
Juftice  of  the  Peace,  and  procure  a  Certificate  thereof;  and  after  fiTch  Qualififcatior), 
it  fhall  not  be  lawful  for  any  Perfon  to  fell  Wood  in  the  faid  Town,  until  the  fame 
may  have  been  meafured  of  examined  by  the  fworn  Corder,  under  the  Penalty  of 
Five  Shillings  for  each  Cord  fold  contrary  to  the  Meaning  of  this  Aft ;  to  be  reco- 
vered before  any  Juftice  of  the  Peace,  for  the  Ufe  and  at  the  Suit  of  fuch  fv^orn 
Corder;  And  if  fuch  Corder  fnall  refufe  to  attend  to  do  his  Duty  at  the  different 
Places  where  Wood  is  ufually  corded,  he  fliall  for  every  Negle6t  forfeit  and  pay 
Twenty  Shillings ;  to  be  recovered  and  applied  as  is  herein  after  dircfted  :  And 
the  faid  fworn  Corder  of  Wood  fhall  and  may  take  for  his  Trouble  in  examining  and 
meafuring  each  Cord  of  Wood,  Six  Pence,  and  no  more ;  one  Half  whereof  fhall 
be  paid  by  the  Seller,  and  the  other  by  the  Buyer. 

iX.  AND  he  it  further  EnaEled^  by  the  Authority  aforefaid^  That  from  and  after 
the  Firfl  Day  of  fune  next,  it  fliall  not  be  lawful  for  any  Perfon  to  retail  Wheat 
Flour  or  Indian  Corn  Meal  by  Meafure  within  the  faid  Town,  but  that  the  faid  Arti- 
cles fhall  be  fold  by  Weight;  and  the  Perfon  or  Perfons  offending  herein,  fliall  for 
every  Bufliel  fo  fold,  forfeit  and  pay  Five  Shillings,  to  be  recovered  and  applied  as 
herein  after  diredted* 

X.  ANt)  be  it  further  EnaSied,  by  ihe  Authority  afcrefaid.  That  if  any  Houfe- 
holder  in  the  faid  Town  fhall  fuffer  his,  her,  or  their  Chimney  or  Chimnies  to  catch 
on  Fire,  fo  that  a  Blaze  be  feen  without,  he,  fhe,  or  they  fliall,  for  each  Cliimney 
fo  on  Fire,  forfeit  and  pay  Twenty  Shillings,  one  Half  to  the  Informer,  the  other 
Half  for  the  Ufe  of  the  faid  Town  ;  to  be  recovered  by  Warrant  before  a  Juftice  of 
tbe-Peace> 


Pin.     for     firing 
Cuns  in  Town» 


V/atchmen  to  be 
ai>pointed. 


Xt.  AND  whereas  fUndry  idle  and  diforderly  Perfons,  as  well  as  Slaves,  and 
Children  under  Age,  do  make  a  Praftice  of  firing  Guns  and  Piftols  within  the  faid 
Town  ;  Be  it  Enabled,  by  the  Authority  aforefaid.  That  if  any  fuch  Perfon  fliall  for 
the  future  fire  a  Gun  or  Piftol  within  the  laid  Town,  he  fhall  pay  a  Fine  of  Ten 
Shillings  for  each  Offence,  to  be  recovered  as  aforefaid  ;  if  the  Offender  be  under 
Age,  the  Parent  or  Mafter,  or  Guardian,  fhall  pay  the  faid  Fine;  and  if  a  Slave, 
fhall,  by  Order  of  the  next  Magiftrate,  be  whipped,  not  exceeding  Twenty  Lafhes, 
\inlefs  the  Mafter  of  fvich  Slave  .fliall  pay  the  faid  Fine. 

XII.  AND  be  it  further  EnaBed,  by  the  Authority  aforcfaid.  That  the  Com- 
miffioners  of  tlie  faid  Town,  or  a  Majority  of  them,  are  hereby  impowered  and  re- 
quired to  appoint  Two  or  more  Watchmen,  whofe  Duty  fhall  -be  regulated  by  the 

Commiffjoners, 


L  A  tV  S    of    North-Carolina. 


5SS 


CommifTioners,  and  who  fh all  be  paid  out  of  the  Monies  arifing  by  Virtue  of  this    ^-  ^-  1773' 
Ad. 


Fines  how  reco- 
verei. 


XIII.  AND  be  it  further  EnaSfed^  by  the  Authority  aforefaid^  That  all  Fines 
and  Forfeitures  in  this  Ad,  the  Manner  of  Recovery  and  applying  whereof  not 
herein  before  direded,  Ihall  be  recovered  by  Warrant,  under  the  Hands  of  the 
Commiffioners  for  the  Time  being,  or  a  Majority  of  them,  direded  to  the  Sheriff 
of  Craven  County,  or  to  the  Conltabie  of  the  iaid  Town,  and  be  levied  on  the  Bo- 
dy, or  Goods  and  Chattels  of  the  Offender,  and  be  applied  to  the  common  Stock 
of  the  faid  Town  ;  and  be  accounted  for  by  the  Commiffioners  in  Manner  direded 
in  and  by  the  Laws  heretofore  paffed  for  the  better  Regulation  of  the  faid  Town. 

XIV.  A  N  D  be  it  further  Ena^ed,  by  the  /Authority  aforefaid.  That  this  Ad  fhall   Cwtinnaace    of 
continue  and  be  in  Force  lor  and  during  the  Term  ot  Three  Years,  and  from  thence 

to  the  End  of  the  next  Seffion  of  Affcmbly,  and  no  longer. 


CHAP.     XX, 

An  A^  for  laying  out  a  Piiblic  Road  from  Dan  River,  through  the  Counties  0/ Guilford, 
Chatham,  ^«i  Cumberland,  /o  Campbclton  ;  aiid  for  a  Public  Road  from  the  Sh2i\- 
low  Ford,  in  Surry  County,  to  join  the  fame. 

I.  TT  7 HERE  AS  a  Public  Road  from  Z)<3«  River,  through  the  Counties  of  P'wmbie. 

Y  y  Guilford,  Chatham,  and  Cumberland,  to  Campbelton,  would  be  of  general 
Convenience  and  Advantage  to  the  Inhabitants  of  the  faid  Counties,  and  others, 
and  would  have  a  Tendency  greatly  to  promote  the  Trade  and  Commerce  of  that 
Fart  of  this  Colony  : 


II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Cfimmifli-nerk 
Authority  of  the  fame.  That  Samuel  Henderfon,  John  Campbell,  Robert  Fields,  Joab  I'lTou't'the Rolal 
Brookes,  and  Henry  Bray,  be,  and  are  hereby  appointed  Commiffioners,  for  laying 
out  and  eftibliOiing  the  laid  Road  ;  and  they,  or  a  Majority  of  them,  are  hereby 
authorized  and  direded,  as  foon  as  convenient  after  the  paffing  of  this  Ad,  to  lay, 
mark,  and  ftake  out,  or  eftablifh,  or  caufe  to  be  hid,  marked,  and  ftaked  out,  or 
eftablilhed,  a  Public  Road  from  Dan  River,  beginning  near  the  Middle  Saivra 
Town,  in  the  County  of  Guilford,  thence  through  the  laid  County,  Chatham  and 
Cumberland  Counties-,  the  neareft  and  bed  Way  to  the  Town  of  Campbelton ;  and 
the  laid  Commiffioners,  or  a  Majority  of  them,  after  having  laid,  marked,  and 
ftaked  out  and  eftablilhed  the  laid  Road,  fhall,  and  are  hereby  impowered  and  di- 
reded to  make  an  accurate  Plan  thereof,  and  the  fame  to  return,  with  an  Account 
Cf  th'-ir  Proceedings,  to  the  next  Inferior  Court  of  Pleas  and  Quarter  Seffions  to  be 
thereafter  refpedively  held  for  the  Counties  aforefaid  :  And  the  Juftices  of  the  faid  0"»-f''"»  ap 
refpedive  Courts  are  hereby  direded  to  receive  the  fame;  and  are  thereupon  autho- 
rized and  required  to  appoint  fo  many  Overfeers  of  the  faid  Road,  within  their  ref- 
pedive Counties,  as  to  the  faid  Juftices  fhall  from  Time  to  Time  appear  convenient 
and  neccffary ;  and  the  faid  Overfeers,  and  the  Inhabitants  of  the  laid  Counties  ref- 
pedively, fhiU  open,  clear  out,  and  work  on  the  fame,  under  the  fame  Regulati- 
ons, and  ihall  be  liable  to  the  fame  Fines  and  Penalties,  prefcribed  and  inf^idtedon 
DelinqU^■nts  by  an  Ad  ot  Affembly,  intituled,  /in  Act  to  impower  the  Inferior  Courts 
of  the  fever nl  Counties  in  this  Province  to  order  the  laying  out  of  Public  Roads,  and  efta- 
blifj  and  fettle  Ferries,  and  to  appoint  where  Bridges  fijall  be  built,  for  the  life  and  Eafe 
oj  the  Inhabitants  of  this  Province,  and  to  clear  navigable  Rivers  and  Creeks  ;  and  the 
Commiffioners  atbrefaid  fhall  be  allowed  and  paid,  for  their  Trouble  in  the  above 
Service,  the  Sum  of  Five  Shillings  per  Day,  out  of  the  Couhty  Tax  of  faid  Coun- 
ties. 


puinud. 


III.     AND  whereas  the  Method  of  laying  out  and  working  on  the  Roads  in 
th^  County  of  Guilford^   under  the  Power  and  Diredions  of  Commiffioners,    hath 

O  o  0  0  been 


iVTann'r  of  ivorfc- 
ing  en  :hi;  Read* 


556 


LAWS    of    North-Carolina. 


A.   D.  1773.    been  found  burthenfome  and  inconvenient  to  the  Inhabitants  of  the  faid  County-, 
\^rGMU^3.\.   -^^  '^  EnatJed,    by  the  Authority  afore/aid^  That  all  the  Roads  of  the  faid  County, 
tered.       '        after  the  pafTing  of  this  Ad,  fhall  be  laid  out,  eftablifhed,  and  worked  upon,  agree- 
able to  the  Regulations  and  Diredions  of  the  above  recited  A61  -,    any  Law  to  the 
contrary  notwithftanding. 


Cnmmiflionersfor 
the  Road  from 
the  Shallow  Ford. 


IV.  AND  whereas  a  Public  Road  from  the  Shallow  Ford,  in  the  County  of 
Surry,  through  the  County  of  Rowan,  to  join  the  Road  before- mentioned  and  de- 
fcribed,  would  be  very  convenient  to  the  Inhabitants  of  Surry,  and  the  North  Part 
of  Rowan  County,  for  the  above  beneficial  Purpofes ;  Be  it  therefore  Enabled,  by  the 
Authority  aforejaid.  That  Philip  Hozvard,  Samuel  Mofeby,  and  John  Kimbrough,  be 
appointed  Commiffioners,  who  fhall,  and  are  hereby  required  to  lay  out,  mark,  and 
ftake  a  Road,  the  nearefl  and  befl  Way  to  the  above  mentioned  and  defcribed  Road 
leading  to  Campbelton,  and  eflablifh  the  fame-,  which  faid  Road  fhall  be  under  the 
fame  Regulations,  and  the  Overfeers  and  Inhabitants  to  work  on  the  fame,  and  fub- 
jeft  to  the  fame  Penalties  and  Forfeitures,  in  the  fame  Manner  as  the  Overfeers  and 
Inhabitants  of  the  firfl  defcribed  Road  mentioned  in  this  Aft,  and  the  faid  Commiffi- 
oners to  be  allowed  for  their  Trouble  as  before  mentioned. 


Preamble. 


CnmmilTionnsfor 
laying  nut  the 
Road  altered. 


CHAP.     XXL 

An  Act  to  amend  an  Act,  faffed  at  Newbern,  in  the  Tear  One  Thoufand  Seven  Hundred 
and  Seventy  One,  intituled.  An  Aft  lor  laying  out  a  Public  Road  from  the  Fron- 
tiers of  this  Province,  through  the  Counties  of  Mecklenburg,  Anfon,  and  Cumber- 
land. 

I.  "^  T  T  H  E  R  E  A  S  the  Commiffioners  appointed  by  an  Aft  of  AfTembly,  inti- 
y  y  tulcd.  An  Act  for  laying  out  a  Public  Road  from  the  Frontiers  of  this  Pro- 
vince, through  the  Counties  of  Mecklenburg,  Anfon,  Rowan,  and  Cumberland,  to 
Campbelton,  have  neglected  to  perform  the  Services  by  the  faid  Act  required  of 
them : 

IF.  BE  it  Enabled,  by  the  Governor,  Council,  and  AJfembly,  and  by  the  Authority 
of  the  fame.  That  fo  much  of  the  before  recited  Act,  as  appoints  John  Polk,  JVilliaa 
Brooks,  John  Dunn,  Michael  Monroe,  James  Blythe,  Archibald  McAffcy,  and  James 
Pickett,  Commidioners,  be,  and  is  hereby  repealed  :  And  that  Wuliam  Moore,  Mat- 
thew Rayford,  Griffith  Rutherford,  Francis  Locke,  and  Farquard  Campbell,  Efqviires, 
be,  and  are  hereby  appointed  Commiffioners  in  their  Stead ;  who  are  hereby  charged 
with  the  fame  Duties,  vefled  with  the  fame  Powers  and  Authorities,  and  intitled  to 
the  fame  Allowance,  as  the  Commiffioners  appointed  by  the  before  recited  Aft  were 
charged  with,  or  intitled  to ;  any  Thing  in  the  faid  Act  to  the  contrary,  notwith- 
flanding. 


Preamble. 


CHAP.     XXII. 

An  Act  for  ejiablijhing  a  'Town  on  the  Land  of  Ifaac  Jones,  lying  on  the  North  Wefi 
Branch  of  Cape  Fear  River,  in  Bladen  County. 

I.  T  "¥  TH  E  R  E  A  S  it  hath  been  reprefented  to  this  AfTembly  that  the  Land  of 
VV  V^^'^.  Jo^e^y  lying  on  the  South  Wefl  Side  of  the  North  Wefl  Branch  of 
Cape  Fear  River,  in  Bladen  County,  is  a  healthy  pleafant  Situation,  well  watered, 
and  commodious  for  Commerce,  and  fundry  Perfons  of  Note  are  defirous  that  a 
Town  Ihould  be  erected  thereon,  for  promoting  the  Trade  and  Navigation  of  the 
faid  River;  and  the  faid  Ifaac  Jones  having  fignified  his  free  Confent  thereto,  by  a 
Certificate  under  his  Hand  and  Seal,  to  have  One  Hundred  Acres  of  the  faid  Land 
laid  off  for  a  Town  : 

II.  BE, 


L    Ji   H'    S      of      N  O  4i  T  H  -  C  A  R  O  L  I 


557 


II.  B  E  it  therefore  Enacted^  by  the  Governor,  Council,  and  Affembly,  and  by  the 
Authority  of  the  fame.  That  the  faid  One  Hundred  Acres  of  Land,  wlien  the  lame 
fhall  be  laid  ofi' according  to  the  Directions  oi'  this  A6t,  be,  and  the  fame  is  hereby 
conltituted,  erected,  and  eftablilhed  a  Fown,  and  Ihall  be  called  by  the  Name  of 
Elizabeth  Town. 

III.  AND  be  it  further  Enacted,    by  the  Authority  aforefaid.   That  from  and    Difpftors      ap. 
after  the  pafling  of  this  Aft,    Walter  Gibfon,    IViHiam  Salter,    James  While^    James    ^""'"^* 
Bailey,    and  Benjainin  Humphrey,  Iil'quires,  be,  and  they,  and  every  of  them,   are 

hereby  conilitu ted  Direftors  and  Trultees,  for  defigning,  building,  and  carrying  on 
faid  I'own,  and  they  fhall  ftand  feized  of  an  indetealible  Eltate  in  Fee  of  the  laid 
One  Hundred  Acres  of  Land,  to  and  for  the  Ules,  Intents,  and  Purpofes,  hereby 
exprefled  and  declared  •,  and  they,  or  any  Three  of  them,  fhall  have  iull  Power 
and  Authority  to  meet  as  often  as  they  fh.ail  think  neceflary,  and  to  appoii-it  a  Pub- 
lid  Quay  at  iuch  Place  on  the  faid  River  tor  a  Public  Laiiding,  as  to  them  fhall 
feern  convenient,  and  to  lay  out  Three  Acres  of  the  laid  One  Hundred  for  a  Mar- 
ket Place,  and  other  Public  Buildings,  and  the  Rcfidue  thereof  into  Lots,  Street?;, 
Lanes,  and  Alleys,  or  fo  much  of  the  lame  as  will  make  at  lealt  One  ilundred  and 
Twenty  Lots,  of  Half  an  Acre  each,  and  caufe  a  PI  n  thereof  to  be  made,  and 
therein  to  infert  a  Mark  and  Number  to  each  Lot;  and  as  loon  as  the  faid  Town 
fhall  be  laid  off  as  aforelaid,  they,  and  each  of  them,  fiiall  have  Power  to  take 
Subfcriptions  for  the  faid  Lots  of  fuch  Perlbns  as  are  willing  to  iubicribe  for  them  -, 
and  when  the  faid  Diredors  have  taken  Subfcriptions  tor  Seventy  Lots  or  up-  Lots  to  be  dra\7n 
wards,  they  fhall  appoint  a  Day,  and  give  Public  Notice  to  the  Subfcribers  '^"'^ 
of  the  Day  appointed  for  the  drav/ing  of  the  laid  Lots,  which  fl:iali  be  done  by 
Ballot,  in  a  fair  and  open  Manner,  by  the  Direction,  and  in  the  Prefence  of  the 
Majority  of  the  faid  Diredors  at  leall ;  and  Iuch  Sublcriber  fhall  be  intitled  to  the 
Lot  or  Lots  which  fliall  happen  to  be  drawn  for  him,  anu  correfpond  with  the  Mark 
or  Number  contained  in  the  Plan  for  laid  1  own  :  And  the  laid  Uiredors,  or  a  Ma- 
jority of  them,  ffiall  make  and  execute  Deeds  for  granting  and  conveying  the  faid 
One  Hundred  and  Twenty  Lots  to  the  Subfcribers,  their  Heirs  and  Aiiu-rns,  for 
lever;  and  alfo  to  every  other  Perfon  who  Ihall  purchale  any  other  Lot  or  J.-cts  in 
the  faid  Town,  at  the  proper  Colt  and  Charges  oi  the  faid  Grantee,  to  whom  the 
faid  Lot  or  Lots  fhall  be  conveyed  ;  and  every  Perfon  claiming  any  Lot  or  Lots  by 
Virtue  of  any  fuch  Conveyance,  Ihall  and  may  hold  and  enjoy  the  fame  in  Fee- 
Simple. 

IV.  PR  0  VIDE  D  neverthelefs.  That  every  Grantee  of  any  Lot  or  Lots  in  the    T(me  of  Uwt 
faid  Town  fo  conveyed,  Ihall  within  Three  Years  next  after  the  Date  of  the  Con-    ^''"* 
veyance  lor  the  fame,  ere6t,  build,  and  finilh,  on  each  Lot  fo  conveyed,  one  well 

framed  or  Brick  Houfe,  Sixteen  Feet  fquare  at  the  leafV,  and  Nine  Feet  Pitch  in 
the  Clear,  or  proportionable  to  Iuch  Dimenfions,  if  fuch  Grantee  (hail  have  Two  or 
more  Lots  contiguous ;  and  if  the  Owner  of  any  Lot  or  Lots  fhall  fail  to  purfue  or 
comply  with  the  f^iredions  in  this  Ad  prefcribed  for  building  and  hnilhing  a  Houfe 
thereon,  then  fuch  Lot  or  Lots,  upon  which  fuch  Houie  Ihall  not  be  built  and  fi- 
nifhed  as  aforefaid,  fliall  be  revefttd  in  the  faid  Diredors  ;  and  the  faid  Diredors, 
or  a  Majority  of  them,  may,  and  are  hereby  impowered  and  authorized,  to  fell  fuch 
Lot  or  Lots  for  the  beft  Price  that  can  be  had,  to  any  Perfon  applying  for  the  fame, 
and  grant  and  convey  fuch  Lot  or  Lots  to  fuch  Perfon  or  Perlons,  under  the  like 
Reguladons  and  Reflriftions,  as  the  fame  was  or  were  formerly  granted  ;  -.md  the 
Money  arifing  from  fuch  Sales  to  be  applied  by  the  faid  Diredors,  or  a  Majority 
of  them,  for  the  Benefit  and  Improvement  of  the  faid  Town. 

V.  AND  be  it  further  Ena-Jcd,  by  the  Authority  aforefaid.  That  each  rcfpedive  Price  rf  lm?  to 
Sublcriber,  who  Ihall  fuhfcribe  for  any  Lot  or  Lots  in  the  faid  Town,  Ihall  within  ^"Z^^;"^  '''"  ^^- 
One  Month  after  it  fiiall  be  afcertained  to  whom  each  of  the  faid  Lots  doth  belvsng, 

in  Manner  herein  before  mentioned,  pay  and  fatisly  to  the  faid  Directors,  or  to  One 
of  them,  the  Sum  of  Forty  Shillings,  Proclamation  Money,  for  each  Lot  by  him 
_    .  fubfcribed 


558  L  A  fV  S    cf    North-Carolina. 


^.  D.  1773.  fubfcribed  for  j  and  in  Cafe  of  the  Refufal  or  Neglect  of  any  Subfcriber  to  pay  the 
'^^-V"""— '  faid  Sum,  the  faid  Directors  (hall  and  may  commence  and  proleciue  a  Suit  in  their 
own  Names  for  the  fame,  and  therein  Ihall  recover  Judgment,  with  Cofts  of  Suit: 
And  the  faid  Directors  fliall,  as  loon  as  they  receive  the  laid  Money,  pay  and  iatisfy 
the  iaid  IJaac  Jones,  his  Heirs  or  Afligns,  the  Sum  of  Thirty  Five  ShiliingSj  Pro- 
clamation Money,  for  each  Lot,  in  full  Satisfaction  for  the  faid  Land ;  and  the 
other  Five  Shillings  fhall  be  applied  towards  detraying  the  Expence  of  laying  off 
and  improving  the  faid  Town,  as  a  Majority  of  the  Directors  fhall  think  proper; 

i-nt^  refewd  to        VI.     PROVIDED  mverthekfs.  That  the  faid  Ifaac  Jones  fhall  have  and  keep 

the  froprietor.       ^^  j^j^  ^^^  u,^.  f^jj  ^zci  Yard,  Mill  and  Bark  Houfcs,  with  fuch  Lots  as  he  fhall 

choofe  adjoining  them,  not  exceeding  Four  Lots,  exclufive  of  the  faid  One  Hundred 

Acres  •,  and  that  nothing  in  this  Act  contained  fliail  be  conibued  or  extend  to  grant 

Power  to  the  laid  Direccors,  or  their  Succellurs,  or  any  other  Freeholder  of  the  laid 

Town,  to  keep  a  Public  Ferry  at  the  faid  Landing,  fo  to  be  appointed  by  the  faid 

Directors,  in  Prejudice  to  the  Ferry  of  the  iaid  Ifaac  Jones,  now  by  Law  eflablifhed  : 

His  Right  to  the    ^x\d  in  Caf;  it  fhould  hereafter  be  found  neceflary  to  erect  a  Public  or  other  Ferry 

^"''^'  at  the  faid  Landing,  the  Right  of  keeping  the  fame  fhall  remain  to  the  faid  Ijaac 

Jones,  his  Heirs  or  AfTigns,  until  he  or  they  fhall  refufe  to  comply  with  the  Terms 

by  Law  prelcnbed  for  erecting  and  keeping  Public  Ferries. 

Surceffi  m  of  Di-  VII.  A  N  D  for  continuing  the  SuccefTion  of  the  Directors  until  the  faid  Town 
ieaots  kept  up.  ^^jj  ^g  incorporated,  Be  it  further  Enacted,  by  the  Authority  aforefaid.  In  Cafe  of  the 
Death,  or  Refufal  to  act,  or  Removal  cut  of  the  County  of  any  ot  the  faid  Directors, 
the  jurviving  or  other  Directors,  or  the  major  Part  of  them,  fhall  affemble,  and  are 
hereby  impowered,  from  Time  to  Time,  by  Inftrument  in  Writing  under  their  ref- 
pective  Hands  and  Seals,  to  nominate  fbme  other  Perfon,  being  a  Freeholder  ot  faid 
Town,  in  the  Place  of  him  )o  dying,  refufing  to  act,  or  removing  out  of  the  County ; 
which  new  Director  fo  nominated  and  appointed,  fhall  from  thenceforth  have  the 
like  Power  and  Authority  in  all  Things  in  the  Matters  herein  contained,  as  it  he  had 
been  exprefsly  named  and  appointed  in  and  by  this  Act. 

comm-ffiarifK        VIII.     AND  be  it  further  Enabled,    by  the  Authority  aforefaid.    That  nomas 

Hou'fc''&?  ^'""    Ow^wj,  James  White,  William  McRee,  Walter  Gibfon,  and  William  Salter,  or  the  Ma- 

''     '         jority  of  them,  be,  and  they  are  hereby  appointed  CommifTioners,  and  impowered 

and  diredled  to  agree  and  contract  with  Workmen  for  building  a  Court- Houfe,  and 

finifhing  the  Prifon  and  Work  Houfe,  on  the  Lot  in  the  faid  Town  allotted  and  laid 

off  for  the  PubHc  Buildings,  for  the  Ufe  of  the  faid  County  of  Bladen. 

T«u:jforit.  IX.     AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  a  Poll-Tax  of 

One  Shilling  and  Four  Pence,  Proclamation  Money,  be  laid  on  each  taxable  Perfon 
of  the  faid  County  of  Bladm,  for  Three  Years,  for  building  the  faid  Court- Houfe, 
and  finifhing  the  Prifon  and  Work  Houfe  therein  ;  which  faid  Tax  fhall  be  collected 
by  the  Sheriff  of  the  County,  and  paid  to  the  faid  CommifTioners,  at  fuch  Times,  and 
in  the  fame  Manner,  as  other  Taxes  are  collected. 


C  PI  A  P.     XXIII. 

An  Ai^  to  impower  the  Executors  of  John  McKildo,  late  Sheriff  of  Tyrrell  Cctmty,  to 
collet  the  Arrears  of  "Taxes  due  for  the  faid  County  in  the  2'ears  therein-mentioned. 

Preamble,  I.  T  T  7  H  E  R  E  A  S  great  Deficiencies  have  arifen  in  the  Colleftion  of  the  Taxes 

\  Y  fo""  the  County  oi  Tyrrell,  for  the  Years  One  Thoufand  Seven  Hundred 
and  Sixty  Five  and  One  Thoufand  Seven  Hundred  and  Sixty  Six,  whereby  the  Se- 
curities of  the  faid  John  McKildo  are  become  liable  to  the  Payment  of  large  Sums  to 
the  Public ; 

II.  BE 


LAWS    of    North-Carolina. 


559 


II.  BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  /iffembly,  and  by  the  A.  D.  1773 
Authority  of  the  fame.  That  from  and  after  the  pafling  of  this  Adt,  Roi?ert  Lenox  and 
Jofeph  Hewes,  Executors  of  the  faid  John  McKildo,  Ihall  have  full  Power  and  Au- 
thority to  receive  and  colled  the  Arrears  of  the  Taxes  due  for  the  faid  County  of 
Tyrrell,  as  it  ftood  undivided  at  the  Time  when  the  faid  John  McKildo  was  Sheriff, 
for  the  Years  One  Thoufand  Seven  Hundred  and  Sixty  Five  and  One  Thoufand 
Seven  Hundred  and  Sixty  Six,  in  the  fame  Manner  and  Form  as  other  Taxes  are 
by  Law  to  be  collcdled. 


Exi  tutors  of  th; 
Vitf.  Sheiiffto  re. 
ceii'e  Arrears  of 
Taxes. 


III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  faid  Robert 
Lenox  and  Jofeph  Reives  do  colled  and  receive  fuch  Arrears  of  Taxes,  according  to 
the  Lift  and  Rates  for  each  of  the  faid  Years  rei'pedively  appointed. 

IV.  TRO  VI D  E  D  neverihelefr.  That  if  any  Perfon,  againft  whom  any  Demand 
for  fuch  Arrears  of  Taxes  Ihail  be  made,  Ihall  produce  a  Receipt  or  Receipts  of 
his  having  paid  the  fame,  or  in  Cafe  of  the  Lois  or  miflaying  ot  fuch  Receipt  or 
Receipts,  Ihall  make  Oath  before  any  Juftice  of  the  Peace,  within  Ten  Days  after 
fuch  Demand  made,  of  his  having  paid  and  difcharged  the  fame,  or  Part  thereof, 
or  that  he  was  not  at  that  Time  a  Taxable  in  the  faid  County,  and  obtain  a  Certifi- 
cate of  the  fame  from  fuch  Juftice,  fuch  Perfon  fhall  be  exonerated  and  dilcharoed 
from  the  faid  Demand,  either  in  Part  or  Whole,  as  the  Cafe  may  be. 

V.  ,  AND  be  it  further  Enaffed,  by  the  Authority  aforefaid.  That  the  faid  Colleftors 
(hall  give  One  Month's  Notice,  by  publicly  advertifing  the  fame  at  the  Court-Houfe 
and  Chapels  of  the  faid  County,  ot  the  Time  and  Place  they  will  attend  to  receive 
fuch  Arrears  of  Taxes ;  and  all  Perfons  paying  the  fame  on  or  before  the  Time  ap- 
pointed by  fuch  Notice,  Ihall  not  be  liable  to  pay  any  Coft  or  Charge :  And  if  any 
Perfon  or  Perfons  fhall  fail  to  pay  iuch  Arrears  of  Taxes  agreeable  to  this  Ad,  it 
fhall  and  may  be  lawtul  for  the  faid  CoUedors,  or  fuch  Perfon  or  Perfons  as  they 
may  appoint,  to  make  Diftrefs  for  the  fame,  in  the  fame  Manner  as  is  by  Law  ap- 
pointed for  Sheriffs  to  diftrain  in  other  Cafes  of  the  like  Nature. 


To    be     reofivrrl 
according  to  Lifls, 


Provifo  fnr  Per. 
fona  to  difckaige 
thcinfclvei. 


Notice  to  be  gi- 
vtji,  (if  Time  <<f 
receiving. 


On  Failure,  V.U 
Xxtli  to  be  made. 


CHAP.     XXIV. 

An  A£l  for  granting  a  Bounty  on  the  Exportation  of  Pot  and  Pearl  Afh. 

1.  WJ  H  E  R  E  A  S  Pot  and  Pearl  Afh  may  be  made  in  this  Province  to  great 
W  Advantage,  and  if  duly  encouraged  would  tend  greatly  to  increale  the 
Trade  and  Commerce  of  the  Country :  In  Order  therefore  to  encourage  the  firft 
Adventurers  in  this  valuable  Commodity,  who  generally  labour  under  many  DifH- 
culties : 


Preamlle, 


BE  it  Enacted,  by  the  Governor,  Council,  and  /tffembly,  and  by  the  Authority    Bmnty  or>  Pct 
fame.  That  there  fhall  be  paid  out  of  the  Public  Treafury  of  this  Province  to    "'"^  ^'"''  ^'''• 


II. 

of  the  fa  ^^ 

the  Maker  or  M.kers  of  Pot  and  Pearl  Alli,  the  following  Bounties,  to  wit.  For 
every  Hundred  Weight  of  good  merchantable  Pot  Afh,  the  Sum  of  Eight  Shillings, 
Proclamation  Money,  and  for  every  Hundred  Weight  of  good  merchantable  Pearl 
Afh,  the  Sum  of  Fifteen  Shillings,  Proclamation  Mwiey,  and  fo  in  Proportion  for 
a  greater  or  lefs  Qiiantity  :  But  previous  to  fuch  Penon  or  Perfons  being  intitled  to 
fuch  Premium  or  Bounty,  he,  fhe,  or  they,  fhall  produce  to  the  Treafurer  of  the 
Diftrid  in  which  fuch  Pot  or  Pearl  Afh  was  made,  a  Certificate,  upon  Oath,  figned 
by  him,  her,  or  them,  and  atccfted  by  fome  lawful  Magiftrate  of  the  Counfy  in 
which  fuch  Pot  or  Pearl  Afli  was  made,  aOrertaining  the  Qiiantity  and  Quality  of 
fuch  Pot  or  Pearl  Afh,  the  Place  where  the  fame  was  made,  and  by  whom ;  and 
alfo  a  Certificate  from  the  Naval  Ofhcer  and  Colledor  of  the  Port  from  whence 
fuch  Pot  )r  Pearl  Aflr  fliall  have  been  fliipped,  certifying  that  the  fame  therein- men- 
tioned had  been  duly  exported,  the  Time  when,  and  the  VefTel's  Name  in  which 

P  P  P  P  li 


560 


A.   D.  1773. 


LAWS    of    No rth-Carolina. 


It  was  fo  {hipped  -,  and  thereupon  fuch  Trcafurer  Ihall  pay  to  the  Maker  or  Makers 
ot  fuch  Pot  or  Pearl  Afh,  or  their  Affigns,  the  aforefaid  Bounties  or  Premiums, 
out  of  the  Fund  for  Contingencies,  and  the  fame  Ihall  be  allowed  him  in  his  Ac- 
counts. 


Continuance 
the  Aft. 


of  III,  AND  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  this  Ad  fliall 
continue  and  be  in  Force  for  the  Space  of  Three  Years,  from  and  after  the  pafiing 
thereof,  and  no  longer. 


Preamble, 


Jofticstosppoint 
l''(Ocelliuiieri, 


,        CHAP.     XXV. 

An  Acl  to  amend  an  Act,  intituled.  An  Aft  for  fettling  the  Bounds  of  Lands. 

I.  T  ^7"  H  E  R  E  A  S  the  Method  prefcribed  by  the  before  recited  Aft  for  appoint- 
y  y     ing  Proceffioners  hath  not  anfwered  the  Ends  thereby  intended,  and  it 
being  doubtlul  whether  Proceffioners  appointed  in  Virtue  of- the  laid  Aft  have  a 
Right  to  aft : 

II,  BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  AJfembly,  and  by  the 
Authority  of  the  fame.  That  from  and  after  the  paffing  hereof,  the  Juftices  ol  the  fe- 
veral  Inierior  Courts  within  this  Province  may,  and  they  are  hereby  impowered,  to 
lay  off  and  divide  their  refpcftive  Counties  into  as  many  different  Diftrifts  as  to  them 
fhall  appear  neceffary,  and  to  appoint  Two  or  more  able  and  intelligent  Freeholders 
in  each  of  the  faid  Diftrifts  to  proceflion  the  Land  within  the  fame,  in  the  fame 
Manner  as  in  and  by  the  before  recited  Aft  is  direfted  ;  and  in  Cafe  of  Negleft  or 
Rclufal  in  the  faid  Juftices  or  Proceffioners,  he  or  they  fo  offending,  Ihall  be  lubjeft 
to  the  fame  Penalties  as  by  the  faid  Aft  is  inflifted ;  any  Thing  therein  contained  to 
the  contrary  notwithftanding. 

their AUowan-e.  HI.  AND  be  it  further  Ena5led,  by  the  Authority  aforefaid.  That  the  ProcefTi- 
oners  aforefaid  fliall  be  allowed  for  their  Trouble  in  the  above  Service  the  Sum  of 
Two  Shillings  and  Six  Pence  for  every  Traft  of  Land  by  them  fo  proceffioned,  to 
be  paid  by  the  Owner  of  the  faid  Land. 


Preamble. 


Tax   U:J  on  the 

Town  f  r  iep.)ir- 
ing  Stieets,  &c. 


CHAP.     XXVI. 

An  Act  to  amend  an  Act,  intituled.  An  Aft  for  the  Regulation  of  the  Town  of  Hillf- 


borough. 


L 


H  E  R  E  A  S  by  an  Aft,  intituled.  An  Act  for  the  Regulation  of  the  Town 
of  Hillfoorough,  the  Method  of  working  on,  and  repairing  the  Public 
Streets  in  the  faid  Tov/n,  therein  directed,  hath  been  found  inconvenient,  and  not  to 
anfwer  the  Purpjfe  thereby  intended :  For  Rem.edy  whereof, 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  AJfembly,  and  by  the  Authority  of 
the  fame.  That  from  and  after  the  paffing  of  this  Act,  the  Commiltioners  ot  the  faid 
Town,  or  a  Majority  oi  them,  (hall,  and  they  are  hereby  required,  within  Twenty 
Days  after  the  Firft  Tuejclay  xt^^ay  in  every  Year,  to  lay  fuch  Tax  as  they  rr:ay  judge 
neceffary,  not  exceeding  Teflrehillings  Proclamation  Money,  per  Poll,  on  all  the 
taxable  Perfons  in  the  feid  Town  ;  which  Tax  fhail  be  collecttrd  by  Warrant  under 
the  Hands  and  Seals  of  the  Commiffioners,  or  a  Majority  of  them,  directed  to  any 
Perfon  they  fhall  appoint  to  collect  the  fame,  returnable  at  fuch  Time  as  fhall  be 
therein-mentioned  :  Which  faid  Collector  appointed  as  aforefaid,  is  hereby  impower- 
ed to  collect  and  make  Diftrefs  for  the  fame,  in  like  Manner  as  the  Sheriffs,  or  other 
Col'eccors  of  Public,  County,  or  Parifh  Taxes,  are  impowered  by  Law,  and  the 
Money  arifing  therefrom,  after  deducting  Five  per  Cent.  Comrniffions,  fhall  by  him 
be  paid  into  the  Hands  of  the  Commiffioners,  or  a  Majority  of  them,  to  be  by  them 

applied 


LAWS    of    Nokth-Carolina. 


S^i 


applied  and  laid  out  in  clearing  and  repairing  the  Public  Streets,  Lanes,  and  Alleys,  ^'  T)-  1773- 
and  in  any  other  Public  Work  they  may  judge  neceflary  for  the  Benefit  of  the  laid  k-*^*'-*«' 
Town. 

III.  AND  be  it  further  Enui^ed^    hy  the  Authority  aforefaid^   That  the  Inha--    inhabitants  ^   t? 
bitants  of  the  faid  Town  fhall,  and  they  are  hereby  required  to  give  in  a  Lift  of  all    ^'"  "^  ^ "  ' 
the  taxable  Perfons  in  each  of  their  refpeftive  Families,  on  Oath,  to  fome  one  of  the 
CommiiTioners  aforefaid,  between  the  Firft  and  Second  'Tuefdays  in  May  in  every 

Year,  under  the  Penalty  of  Forty  Shillings  for  every  Neglett;  to  be  recovered  by- 
Warrant,  under  the  Hands  and  Seals  of  the  CommifTioners  of  the  faid  Town,  or 
the  Majority  of  them,  to  be  applied  to  the  Public  Stock  of  the  faid  Town. 

IV.  A  ND  be  it  further  EnaSfed,    That  all  Perfons  refiding  Three  Months  in    ''•^'^w   i?m'4 
the  laid  Town,  next  before  the  Firft  Tuefday  in  May  in  every  Year,  lliaU  afterwards    ■  ''•^'"^'•^" 

be  fubjed  to  pay  Taxes  in  the  faid  Town. 

V.  AND  be  it  further  Enabled,  by  the  Authority  .aforefaid.  That  no  Perfon  fliall    ^^^'l^^J^^'^  °^ 
after  the  pafllng  of  this  A6t  be  obliged  to  work  on  the  Streets  or  other  Pubhc  Places 

in  the  faid  Town,  or  to  pay  any  other  Town  Tax  but  fuch  as  is  herein  before  n>en- 
tioned. 


VI.  AND  be  it  further  Enacted,  ly  the  Authority  aforefaid^  That  this  Ad  (hall 
be  and  continue  in  Force'for  and  during  the  Term  of  Three  Years,  and  from  tlience 
to  the  End  of  the  next  Seffion  of  Aflembly,  and  no  longer. 


,Conti,nuan« 

thu  Aa. 


0* 


CHAP.     XXVII. 


An  'Act  to  amend  an  Act  for  appointing  Commiffioners  to  build  a  Prifcn,  Pillory,  and 
Stocks,  on  the  Lot  whereon  the  Court-Houfe  now  ftands,  in  Duplin  County. 

I.  T  T  7  H  E  R  E  A  S  the  Truftees  appointed  in  the  before  recited  Aft  have  not 
y  Y     dilcharged  the  Truft  repofed  in  them  within  the  Time  limited  in  the  faid 
Ad: 


Piesmb!;. 


II.  BE  it  therefore  Enacted,  by  the  Governor,  Council,  and  AJfembly,  and  by  the 
Authority  of  the  fame,  ThziMv.  Thomas  Qr ay,  Mr.  Thomas  Hix,  Mr.  IVilli am  Dixon, 
Mr.  Richa*-d  Clinton,  and  Mr.  Ja^nes  Sampfon,  be,  and  they  are  hereby  appointed 
Truftees,  in  the  Room  and  Stead  of  thofe  heretofore  appointed ;  and  they,  or  the 
Majority  of  them,  are  hereby  inverted  with  the  fame  Power  and  Authority,  intitlc4 
to  the  fame  Privileges,  and  under  the  fame  Rules  and  Reftrittions,  as  the  Truftec? 
by  the  before  recited  Ad  appointed. 

ill.  AND  whereas  by  the  faiJ  Ad  the  Truftees  were  impowered  to  demand 
and  receive  from  the  Sheriff"  of  the  County  a  Sum  of  Money,  not  exceeding  One 
Hundred  and  Twenty  Pounds,  to  be  by  them  applied  to  the  Difcharge  of  their 
Contrads  for  the  building  and  finifhing  the  fame,  'Part  of  which  Money  hath  been 
by  them  received  from  the  Sherifl',  and  remains  in  their  Hands  unappropriated  •,  Be 
it  Ena^.ted,  by  the  Authority  aforefaid.  That  the  Truftees  by  this  Act  appointed,  or 
the  Majority  of  them,  Ihall  be,  and  they  are  hereby  inverted  with  full  Power  and 
Authority,  to  receive  into  their  Hands  for  the  Purpofe  aforefaid,  all  Monies  here- 
tofore received  by  the  Truftees,  or  any  of  them,  from  the  Sheriff  of  the  faid  County, 
In  Virtue  of  the  faid  Ad,  and  alfo  all  Monies  in  the  Hands  of  the  faid  Sheriff  un- 
appropriated-,  and  in  Cafe  of  Refufal  or  Negled,  to  proceed  againft  fuch  Truftees 
and  Sheriff  by  Motion,  in  the  Superior  Court  for  the  Diftrict ;  provided  that  Ten 
Days  previous  Notice  of  fuch  Motion  ftiall  be  given  to  the  faid  Truftees,  or  SherifT, 
as  the  Qale  may  be. 


appointejj. 


ct'wi  all  iVIoiijjf 
iipptopriatcii.  i\/f 
the  Gaol,  &.C. 


IV.  AND 


562 


LAWS      Cj      NORT  H-C  A  R  O  L  I  N  A. 


A.  D.  1773. 

Tax  laid   for  the 
Gaul. 


IV.  A  ND  he  it  further  Ena£ied,  by  the  Authority  aforefaid^  That  in  Cafe  there 
Ihall  not  be  a  fufficient  Sum  of  Money  remaining  in  the  Hands  of  the  faid  Truftees 
and  Sheriff,  that  then  it  fhall  and  may  be  lawful  for  the  Court  of  the  faid  County, 
and  they  are  hereby  directed  and  required,  to  lay  fuch  a  Tax  on  the  taxable  Perfons 
in  the  faid  County,  as  (hall  be  fufficient  to  anfwer  the  Purpofes  aforefaid  -,  which 
faid  Tax  fhall  be  collected,  accounted  for,  and  paid  by  the  Sheriff  of  the  faid  Coun- 
ty, to  the  Truftees  herein  named,  in  the  fame  Manner,  and  under  the  fame  Rules 
and  Reftrictions,  and  fubject  to  the  fame  Method  of  Recovery,  as  by  this  Act  Is 
directed  to  be  had  in  other  Cafes, 


Picamblci 


Continuance 
the  A£t. 


CHAP.    XXVIIL 

An  Act  to  continue  an  Act  for  the  more  fpeedy  Recovery  of  all  Debts  and  Demands  under 
Five  Pounds,  Proclamation  Money y  within  this  Province, 

I.  TTTHEREASan  Act,  intituled,  An  Act  for  the  more  fpeedy  Recovery  of  all 
y  Y     Debts  and  Demands  under  Five  Pounds ,  Proclamation  Money,  withn  this 
Province,  will  expire  at  the  End  of  this  prefent  Seffion  of  Affembly  i    and  the  fame 
being  found  ufeiul  and  convenient  i 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the 
Authority  of  the  fame.  That  the  before  recited  Act  (hall  continue  and  be  in  Force 
during  the  Term  of  Six  Months,  from  and  after  the  paffing  hereof,  and  from  thence 
to  the  End  of  the  next  Seffion  of  Affembly,  and  no  longer. 


Preamble. 


Deeds  miy  be  re- 
pidered  within  3 
Y<:ars. 


Deeds  rrgiftered, 
ihi'  not  whhiii 
2  Year*,  declar- 
ed guod. 


Preamble. 


CHAP.    XXIX. 

An  Act  for  the  Relief  of  Perfons  who  have,  or  may  fiffer,  by  their  Deeds  and  mefne  Con- 
veyances not  being  proved  and  regtjiered  within  the  Time  heretofore  appointed  by  Law. 

^-  W  THERE  AS  many  Perfons,  through  Ignorance  of  the  Law,  have  neglecC- 
Vy     ed  to  have  their  Deeds  and  mefne  Conveyance  proved  and  regiftered  ac- 
cording to  the  Directions  of  the  feveral  Acts  of  Affembly  in  fuch  Cafe  made  and 
provided  :  For  Remedy  whereof, 

II.  B  E  it  Enacted,  by  the  Governor,  Council,  and  Affembly,  and  by  the  Authority 
of  the  fame.  That  all  Deeds  and  mefne  Conveyances  of  Lands,  Tenements,  and 
Hereditaments,  not  already  regiftered,  acknowledged,  or  proved,  Ihall  and  may, 
within  Two  Years  after  the  paffing  of  this  Act,  be  acknowledged  by  the  Grantor 
or  Grantors,  his  or  their  Agents  or  Attornies,  or  proved  by  One  or  more  of  the  fub- 
fcribing  Witneffes  to  the  fame,  and  tendered  or  delivered  to  the  Regifters  of  the 
Counties  where  fuch  Lands,  Tenements,  or  Hereditaments,  are  refpectively  fitu- 
ated :  And  all  Deeds  and  mefne  Conveyances  whatfoever,  which  ftiall  be  acknow- 
ledged or  proved  according  to  the  Directions  of  this  Act,  though  not  within  Two 
Years  after  the  Date  of  the  refpective  Conveyances,  fliall  be  good  and  valid  in  Lav/, 
and  fhall  enure  and  take  Effect  as  fully  and  effectually,  to  the  Ufe  and  Behoof  of 
the  Grantees,  their  Heirs  and  Affigns,  and  thofe  claiming  under  them,  as  if  fuch 
Deeds  and  Conveyances  were  acknowledged  or  proved,  and  regiftered,  agreeable  to 
the  Directions  of  any  Act  of  Affembly  heretofore  made. 


C  H  A  P.     XXX. 


An  Act  for  repairing  the  Gaol  for  the  Diftrict  of  Halifax,  //;  the  Town  of  Halifax. 

I.  \I  r  H  E  R  E  A  S  the  Public  Gaol  for  the  Diftrict  of  Halifax,  in  the  Town  of 
VV     Halifax,  for  want  of  due  repairing,  is  greatly  decayed,  and  very  inluffi- 
cient  for  confininrr  Criminals  and  Debtors  therein : 

W.  BE 


I,    ^    /^   5      (?/     N  OK  TH  -C  A  ROL  I  N  A.  5^3 

II.  BE  it  therefore  Enacted^  by  the  Governor^  Council  and  /Jfembly,  and  by  the  ^"  ^-  i77> 
Authority  of  the  fame^  ThAtMontfort  Eelbcck,  John  Eradjord^  Egbert  I layzvoody  So'o-  c^Tm^iTmn^f  r 
mon  IViliiams,  Benjamin  McCidloch^  Allen  Jones,  William  Perfon,  ami  IVilliain  Clark^  rPtMitu.B  ih2 
be,  and  they  are  hereby  appointed  Commiirioners ;  and  they,  or  a  Majority  ot  them,  *^^" ' 

Ihall  and  may,  and  are  hereby  required,  within  Three  Months  after  the  paffing  ot 
this  Act,  to  agree  and  contract  with  Workmen  to  repair  the  fame  in  the  belt  and  inoft 
fubftantial  Manner,  as  to  them,  or  a  Majority  of  them,  Ihall  feem  proper. 

III.  AND  be  it  Enabled,    by  the  Authority  afcrefaid.    That  a  Poll  Tax  of  On-   t^.i^uiforu. 
Shilling  fhall  be  levied  on  each  taxable  Perfon  in  the  County  of  Halifa'x,  and  a  Poll 

Tax  ot  Sixpence  on  each  taxable  Perfon  in  the  Counties  of  Northamptcii,  Edgcomby 
and  Bute,  lor  one  Year,  that  is  to  fay,  the  Year  One  Thoufand  Seven  Hundred  and 
Seventy  Three,  to  be  collected  and  accounted  for,  and  paid  by  the  ShtrifTs  of  the 
faid  Counties  refp-.-ctively,  in  the  fame  Manner,  and  at  the  fame  Times,  as  Public 
TuX;s  are  by  Law  directed  to  be  collected  and  accounted  for;  and  upon  Failure  of 
accounting  tor  and  paying  the  fame  to  the  CommilTioners,  the  faid  Sheriff's  ftall  bs 
fubject  to  the  fame  Manner  of  Recovery,  and  under  the  fame  Pains  and  Penalties,  as 
Sheriffs  are  for  not  accounting  for  and  paying  Public  Money  •,  which  faid  Tax  fo 
coliectcd,  fhall  be  paid  to  the  CommiiTioners  aforefaid,  or  a  M-jority.of  them,  and 
by  them  fhall  be  applied  toWards  defraying  the  Exp(^h.ce,  and  paying, the  Workmen 
for  repairing  the  laid  Gaol. 

;    IV.     AND  be  it  further  Enabled,  by  the  Authority  aforefaid.    That  the  Commif-    ^;;'^,i";'^''J'7*^^^ 
funers,  or  a  Majority  of  them,  after  the  Repairs  of  the  laid  Gaol  fhall  be  made-,    iToccijinas. 
ihall  render  an  Account  of  the  Monies  by  them  received'  by  Virtue  of  this  Act,  to- 
gether with  their  Difburfements,  to  each  Inferior  Court  in  the  Uiilrict  of  Halifax  -, 
-and  the  Overplus,  if  any,  fhall  be  applied  tov/ards  the  coniingent  Charges  ot  the  faid 
Counties. 


C  H  A  P.     XXXL 


i^n  AB  to  continue  the  Tax  impofed  by  an  AB,  intitule d'f-.T^^^K^  for  bV/dding  a  Court- 
HOufe  in  the  Town  oi  SaliJJmry,  for  the  Diftrid  of  Salifbury. 


w 


H  E  R  E  A  S  the  Tax  impofed  bf  the  befoire'Tecited  Aft  hath  been  found    F'c:rr.i!c. 
infufficient  to  ahfwer  the  Ends  thereby  intended : 


II.  B  E  it  therefore  Enacted,    by  the  Governor,  Council,  and  /Iffevribly,    and  kj  thf:   Tax  contir-ici.' 
Authority  of  the  fame.  That  the  faid  Tax  be  continued  on,  and  coileded  from  thft 

ieveral  taxable  Perfons  in  the  Counties  therein- mentioned,  tor  the  Year  One  Thcn- 
fand  Seven  Hundred  and  Seventy  Four,  ahd  no  longer ;  ariy  Thing  therein  contained    ' 
to  the  contrary  nctwithflanding.  i-'r/;  fj'  '' 

III.  AND  be  it  further  Enacted,    by  the  Authority  aforefaid.    That  an  additt-  A<i.^itc;nd r.v, 
onal  Tax  ot  Four  Pence  be  colleded  from  the  ieveral  taxable  Perfons  -/.'ithin  the 

County  of  Rowan  for  the  Year  aforefaid. 

-'.in    V      ■     ■■\cyj\  >  ,. 

CHAP.     XXXII. 

An  Act  to  dijfohe  the  Veflry  of  Unity  Parifa,  in  Guilford  Counfy. 

I.  TT  THERE  AS  by  an  Aft  of  AfTembly  pafTtrd  in  Newkrn,,  m  the  Year  cf,  PrcanibK 

VV  ^^^  Lord  One  Thou! and  Seven  Hundred  and  Seventy  One,  the  Free^ 
holders  within  the  feveral  Parifhes  therein  mentioned  were  impowered  to  elefl  Ve,K 
tries  for  their  refpe6live  Parifhes  •,  and  whereas  undue  Meafures  were  made  Ufe  cf 
in  the  late  Ekftion  of  Veftrymen  in  the  Parilh  ol  Unityy  in  Guilfcrd  County  : 

Q^q  q  q  \l.  B  E 


564 


LAWS      of      NORT  H-C  A  R  O  L  I  N  A. 


ji.  D. 


1773. 


Veftry  of  Unity 
Parifli    diflblved. 


II.  B  E  it  therefore  EnaSltdy  by  the  Governor^  Council^  and  JJfembly,  and  by  the 
Authority  of  the  fame.  That  the  faid  Veftry  of  Unity  Parifli  be  hereby  diffolved  and 
fet  afide,  as  if  never  elefted  j  and  that  any  Tax  that  is  laid  by  the  Veftry  aforefaid 
on  the  taxable  Perfons  of  the  faid  Parifli,  (hall  not  be  chargeable  upon  the  faid  Taxa- 
bles,  or  be  demanded,  taken,  or  coUeded  by  the  Sheriff,  or  any  other  Perfon  what- 
foever. 


Preamble. 


CnnnmtlTiin?rs 
fir  bu.lding  the 
Gaol. 


Ta»  laid  for  it. 


CHAP.    XXXIII. 

^n  Act  for  erecting  a  Public  Gaol,  and  Gaoler's  Houfe,  in  the  Town  of  Wilmington, 
for  the  Difirict  of  Wilmington. 

I.  TTTHEREASno  Public  Gaol  hath  been  heretofore  erefbed  by  Law  for  the 

y  y     Diftrifl  of  Wilmington,  and  it  being  neceflary  that  a  Public  Gaol,  and 

Gaoler's  Houfe,  Ihould  be  ereded  in  the  Town  of  Wilmington,  for  the  faid  Diftridt : 

II.  B  E  it  therefore  Enacted,  by  the  Governor,  Council,  and  Ajfembly,  and  by  the 
Authority  of  the  fame.  That  Cornelius  Harnett,  John  Ancrum,  and  Robert  Hogg,  Ef- 
quires,  be,  and  are  hereby  appointed  Truftees,  for  defigning,  contrading,  build- 
ing, and  finifliing  a  good  and  fufficii^nt  Gaol,  and  Gaoler's  Houfe,  of  good  Brick 
or  Stone,  at  fome  convenient  Place  in  the  faid  Town,  as  to  them,  or  the  Majority 
of  them,  or  their  Survivors,  fliall  feem  moft  proper;  which  faid  Gaol  and  GaolT's 
Houfe,  when  ^o  erefted,  fhall  be,  continue,  and  remain  the  Public  Gaol,  and 
Gaoler's  Houfe,  of  the  feveral  Counties  within  the  Diftrid  of  Wilmington  aforefaid. 

III.  AND  be  it  further  EnaSfed,  by  the  Authority  aforefaid.  That  there  fhall  be 
levied  on  each  and  every  taxable  Perfon  within  the  leveral  Counties  in  the  faid  Dif- 
trift,  annually,  for  the  Term  of  Two  Years  next  after  the  palTing  of  this  A 61:,  the 
refpeftive  Sums  of  iVIoney  following,  to  wit.  On  each  taxable  Perlbn  in  the  County 
of  New  Hanover,  the  Sum  of  Two  Shillings,  Proclamation  Money ;  and  on  each 
taxable  Perlbn  in  the  Counties  oi  Onflow,  Bladen,  Duplin,  Cumberland,  and  Br unf- 
wick,  the  Sum  of  One  Shilling,  like  Money  •,  v/hich  faid  Taxes  fhall  by  the  Sheriffs 
of  the  feveral  and  refpeftive  Counties  aforefaid,  for  the  Time  being,  be  colledted, 
at  the  fame  Times,  in  the  fame  Manner,  and  under  the  fame  Penalties  for  non- Pay- 
ment thereof,  as  is  direfted  by  Law  for  collecting  other  Public  Taxes :  And  the 
Money  arifing  therefrom  fhall  be  accounted  for  and  paid  by  the  faid  feveral  Sheriffs 
to  the  Truftees,  or  the  Majority  of  them,  or  their  Survivors,  as  aforefaid,  and  fhall 
by  them  be  applied  towards  dilcharging  the  Contract  they  fhall  have  entered  into 
for  erecting;  the  faid  Buildings.  ■•  "-•'' ^ 


Pen     nn    Slieriffj 
negleft.ng  to  p.iy 


Tummiflnners  to 
proceed  immeJi 
ately. 


Surplufjge  appro- 
priated. 


IV.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  if  any  Sheriff, 
who  fhall  be  chargeable  with  any  of  the  Taxes  by  this  Act  affeffed,  fliall  neglect  to 
account  for,  and  pay  to  the  Truftees  aforefaid,  or  the  Majority  of  them,  or  their 
Survivors,  fuch  Sums  as  hefhall  be  chargeable  with  in  Virtue  of  this  Act,  after 
deducting  the  ufual  CommifTions  for  collecting,  and  fuch  Infolvents  as  fliall  be  al- 
lowed for  by  the  Court  of  his  County,  the  laid  Truftees,  or  the  Majority  of  them, 
or  their  Survivors,  fliall  have  the  fame  Method  of  proceeding  againft  fxich  Sheriff, 
by  Motion,  as  is  by  Law  directed  againft  Sheriffs  for  not  accounting  for  other  Pub- 
lic Money  by  them  received. 

V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Truftees 
aforefaid,  or  the  Majority  of  them,  or  their  Survivors,  fhall  with  all  convenient 
Speed  proceed  to  caufe  the  laid  Buildings  to  be  erefted  and  finiflied,  and  fliall  im- 
mediately thereafter  lay  an  Account  of  their  Proceedings  herein,  upon  Oath,  of  all. 
Monies  they  fhall  receive  and  pay  on  Account  of  the  faid  Buildings,  before  the  Ge- 
neral Affembly  •,  and  the  Surpluflage  of  the  faid  Tax,  if  any,  fliall  by  them  be  paid 
to  the  Juftices  oi  the  faid  feveral  Counties,  in  Proportion  to  the  Number  of  Taxa- 

bles 


LAWS    of    North-Carolina. 


S^S 


bles  in  faid  Counties  refpectively,  to  be  applied  towards  the  contingent  Charges  of    yl-  D. 
the  faid  Counties, 


J773' 


VI.  AND  be  it  further  EnaEled^  hy  the  Authority  aforefaidy  That  the  Lot  of 
Ground  in  the  Town  of  TFilmington  whereon  the  County  Gaol  now  ftands,  together 
with  all  the  Buildings  thereon,  are  hereby  veiled  in  the  aforefaid  Truftccs,  or  the 
Majority  of  them,  or  their  Survivors,  to  be  by  them  fold  at  Public  Vendue,  if  they 
fhall  judge  it  neceflary,  who  are  hereby  impowered  to  make  a  good  and  lufficient 
Title  to  the  Purchafer  or  Purchafers  for  the  fame  -,  and  the  Monies  arifing  thtrefrom 
to  be  by  them  applied  towards  purchafing  another  Lot  or  Lots  in  the  laid  Town, 
£ox  erecdnff  thereon  a  Public  Gaol  for  the  Diftrict  alorcfaid. 


G-ol   Lot  to  be 


VIL  A  ND  le  it  further  Ena5fed,  hy  the  Authority  aforefaid.  That  after  the  faid 
Gaol  (hall  be  finillied,  it  fhall  and  may  be  lawful  for  the  Magiftrates,  or  either  of 
them,  within  the  faid  Diftrict,  before  whom  any  Offender  fhall  be  examined,  if  he 
or  they  think  it  neceffary,  to  commit  fuch  Offender  to  the  aforefaid  Gaol :  And  the 
SheriiTof  the  County  for  the  Time  being,  where  fuch  Offender  fhall  be  apprehend- 
ed, is  hereby  authorized  and  required  to  convey  fuch  Offender  to  the  faid  Gaol,-  and 
deliver  him  or  them  to  the  Sheriff  or  Keeper  thereof,  and  take  a  Receipt  of  fuch 
Sheriff  or  Keeper,  which  fhall  be  his  Difcharge  for  fuch  Offender. 

VIII.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid,  That  after  the 
faid  Buildings  fhall  be  finifhed,  the  Sheriff  of  the  County  of  Neiv  Hanover,  for  the 
Time  being,  is  hereby  directed  and  required  to  employ  Ibme  Ferfon  of  Integrity  to 
be  Keeper  of  the  faid  Gaol;  who  fhall  conftantly  refide  in  the  faid  Gaoler's  I-ioufe, 
and  take  all  lawful  Ways  and  Means  for  preventing  the  Efcapc  of  Prifoners. 


Off.  ndrrc;    to   Se 
c Tnmiited  tu  the 


Gaol    Kepper   tO 
be  appainttU. 


CHAP.     XXXIV. 

An  additional  Act  to  an  Act  for  erecting  a  Court -Houfe  and  Prifcn  for  ifx  Ufe  of  the 

Lijlrict  of  Ecienton, 

I,  TT7"HEREAS  the  feveral  Funds  appropriated  by  the  before  recited  A6V,    Preamble. 


w 


have  been  found  inadequate  to  the  Purpofes  thereby  intended 


Tax  laid  for  the 
Court  Huufc. 


Tniflccs  to  tpply 


II.  B  E  it  therefore  Enacted,  Iry  the  Governor,  Council,  and  Affenihly,  ar.d  hy  the 
Authority  of  the  fame.  That  a  Poll  Tax  of  Two  Shillings  be  levied  on  each  taxable 
Perfon  within  the  County  of  ChoiJoan,  and  of  Eight  Pence  on  each  taxable  Perfon 
within  the  Counties  of  Currituck,  Pafciuotank,  Perquimcns,  Bertie,  Tyrrell,  and  Hert- 
ford, to  be  collected  for  this  and  the  two  next  fucceeding  Years,  by  the  Sheriff  of 
the  laid  Counties  refpectively,.  and  accounted  for  and  paid  to  the  Truftees  and  Di- 
rectors mentioned  in  the  before  recited  Act,  or  to  the  Survivors  of  them,  at  the  fame 
Time,  in  the  fame  Manner,  and  under  the  like  Penalties,  as  by  Law  is  directed  for 
collecting,  accounting  for,  and  paying  Public  Taxes. 

III.  A  N  D  he  it  firther  Enacted,  hy  the  Authority  aforefaid.  That  the  faid  Truf- 
tees and  Directors  fhall  apply  all  iuch  Monies  as  fliall  come  to  their  Hands  in  Vir- 
tue of  this  Act,  to  the  Purpofes  directed  in  the  before  recited  Act;  and  fhall  enter 
into  Bond,  in  the  Sum  of  Two  Thoufand  Pounds,  payable  to  his  Excellency  the 
■Governor,  and  to  his  Succeffor?,  with  Condition  for  the  faithful  Difcharge  of  the 
Truft  in  them  rt-pofcd  by  this  Act;  and  that  they  will  from  Time  to  Time,  and  at 
all  Times  when  they  fliall  be  called  upon,  lay  a  juft  State  of  their  Tranfadlions  be- 
fore the  Afiembly,  or  fuch  Committee  as  fhall  be  appointed  to  fettle  and  adjuft  the 
Public  Accounts ;  which  Bond  fhall  be  lodged  with  the  Clerk  of  the  Superior  Court 
for  the  Diftriiil  of  Edentcn. 

IV.  AND  he  it  further  Enabled,    hy  the  Authority  aforefaid.    That  if  the  Tax    s.rpiuf.r  ^f'^e 
arifing  in  Virtue  of  this  Aft  fhould  be  more  than  fufRcient  to  compleat  the  Build-   T.x.ppiopzUuJ. 

ings 


566 


LAWS    of   North-Carolina. 


J.   D.  1773. 


Criminals   to  be 
connmicted  to  the 


ings  as  mentioned  in  the  before  recited  A<5t,  the  Surplus  thereof  fhall  by  the  Truf= 
tees  and  Directors  be  paid  to  the  Court  of  each  County,  in  Proportion  to  the  SuiH 
coUcfted  from  each  of  the  faid  Counties,  and  paid  by  the  ijherifl  to  the  laid  Truhtes 
and  Directors. 

V:  AND  he  it  further  Ena5!ed,  hy  the  Authority  aforefaid^  That  the  faid  Gaol 
when  fini(hed,  fhall  be  deemed  the  proper  Prifon  ior  the  Commitment  and  Confine- 
rhent  of  all  Traitors,  Felons,  and  other  notorious  Criminals,  who  fhall  be  appre- 
hended in  any  of  the  Counties  conflituting  the  faid  Dillridt ;  and  the  Sheriff,  Loro- 
ner,  or  other  Officer,  who  fhall  have  luch  Criminal  in  Cuftody,  fhall  have  full 
Power  and  Authority  to  convey  him  to  the  faid  Gaol,  and  deliver  him  to  the  SherifT 
of  Chowan  County,  or  to  the  Keeper  of  the  faid  Gaol,  with  the  MittimuSy, or  Paper 
containing  the  Caufe  of  fuch  Commitment;  which  Sheriff,  or  Keeper  of  the  laid 
Gaol,  is  liereby  commanded  and  required  to  receive  into  the  faid  Gaol,  all  fuch 
Frifoners  delivered  to  him  as  aforefaid,  and  fhall  give  to  fuch  Sheriff,  Coroner,  or 
other  Officer,  from  whom  he  fhall  receive  fuch  Priloner,  a  Receipt,  acknowledging 
that  he  has  received  into  his  Cuftody  luch  Prifoner  and  Mittimus,  or  Paper  contain- 
ing and  letting  forth  the  Caufe  of  his  Commitment  -,  and  fhall  retain  all  Perfons 
committed  in  Virtue  of  this  Aft  in  clofe  Gaol,  until  they  fhall  be  rcleafed  by  dud 
Courle  of  J^aw. 


Read  three  Times,  and  ratified  ^ 
in  open  AfTembly,  the  Sixth  > 
"D^y  oi  March,  A.  D.  1773.-^ 


JosiAH  Martin,  Efq;  Governor. 
James  Hafelly  Prefident. 
John  Harv^,  Speaker. 


'0^02^^^0^0.'M^M*:0^0^^u^^0^0'^^^'P\ 


"0.''0^^0^^0^0j0M^0^M^^^0^^0M0Si 


Q   •■:/'■■ 


A 


JL         jTIl       O        JU 


TO       THE 

LAWS   of  NORTH-CAROLINA. 


ACTIONS. 

ACT  for  Limitation  of  Aftions,  Page.  4,  Chap.  27. 
Limitation  of  Adions,  p.  5,  fee.  5. 
In  Aftions  of  Slander,  Damages  under  40  s.  Plaintiff  to 

recover  no  more  Cofts  than  Damages,  fee.  8. 
Provifo  for  Perfons  under  Age,  Feme  Coverts,  &c.   fee.  9. 
Actions  commenced  in  the  late  Inferior  Courts  for  above 

20  i.    and  under  50 1.    may  be  tried  in  the  Inferior 

Courts,  p.  284,  eh.  3. 

ACTS     OF     ASSEMBLY. 
Afl  to  repeal  the  Aft  appointing  Delivery  Ports,  p.  94, 

ch.  4. 
Afts  repealed,  p.  128,  cb.  6. 
Things  done  in  Virtue  of  repealed  Afls,  declared  valid, 

fee.  5. 
■Afts  repealed,  p.  182,  fee.  5. 

ADMINISTRATION. 
Aft  for  granting  Letters  cf  Adminiftration,  p.  1 3,  ch.  48. 
Letters  of  Adminiftration  how  granted,  p.  14,  fee.  3. 
No  Perfon  to  ad-minifter  till  Letters  granted,  fee.  4. 
Secretary  not  to  ifTue  Letters  till  Executor  or  Adminiftra- 

tor  fworn,  and  Bond  given,  fee.  5. 
Executors  or  Adminiftrators  what  Pare  of  the  Deeeafed's 

Eftate  to  hold,  and  when  to  deliver  it,  p.  15,  fee.  7. 
Adminiftration  to  v^hi^  granted,  fee.  8. 
Money  in  th«.Hands  of  Executors,  &:c.    not  recovered, 

how  difpofcd  of,  and  in  what  Time  Creditors  to  make 
.    their  Claim,  fee.  9. 

Executors  or  Adminiftrators  Duty,  p.  33,  ch.  10. 
Deceafed  Perfons  Eftates  may  be  fold  to  pay  Debts,  p.  34, 

fee.  3. 

APPEAL. 
Rightof  Appeal  from  Juftices  Judgments,  p.  495,  fee.  7. 
Juftice  that  tiies  the  Warrant  not  to  fit  on  tne  Appeal, 

p.  495,  fee.  8. 

ASSEMBLY.     Sic  Burg:esses. 
Aft  for   paying  the  Members  of  General  Affembly,  and 

compelling  their  Attendance,  p.  119,  eh.  2. 
,  Allowance  to  the  Members,  fee.  i. 
'penalty  for  abfenting  themfelves,  p.  if.o,  fee.  2. 
Penalty  for  abfenting  after  Appearance,  fee.  3. 

A  T  T  A  C  H  M  E  N  T. 
How  granted  by  Juftices,  p.  495,  fee.  10. 

A  T  T  O  R  N  I  E  S. 
Aft  to  afcertain  At-'ornies  Fees,  p.  456,  ch.  5. 
Their  Fees,  and  Pen.  for  taking  others,  fee.  2. 
What  Fee  Clerks  may  tax,  p.  457,  fee.  3. 
Penalty  oh  Attornies  f^r  Negket,  fee.  4. 
After  Suit,  Clients  may  give  Lawyers  greater  Compenfa- 

tion,  fee.  5. 


BAIL.     See  Sheriffs,  Deer,  Tobacco. 

B  A  R  i<.  E  L  S.     See  Inspection. 

BASTARDS 

V/omen  having  Baftards,  how  dealt  with,  p.  69,  fee.  10. 

Fathers  cf  Ealtards  to  be  bound  to  Court,  p.  70,  fuc.  1 1. 

Penalty  on  V/cmen  Cervanis  having  Btflard  Children,  Jet 

SSRVANTS   AND   SLAVES. 


BATH     TOWN.     See  Burgesses. 
Aft  for  eftabliftiing  Bath  Town,  p.  16,  ch.  52. 
Bath  Town  Common  confirmed,  p.  43,  ch.  7. 
Inhabitants  of  tUe  Town  exempt  from  working  on  th« 

Roads,  p.  54,  ch.  9. 
Aft  for  fencing  the  Town,  p.  97,  ch.  ii. 

BILLS     OF     EXCHANGE. 
Aft  for  afcertaining  Damage  upon  protefted  Bills  of  Ex» 

change,  p.  70,  ch.  16. 
Protefted  Bills  what  Inlereft  to  carry,  fee.  i. 
Iniereft  for  18  Months  only  allowed  till  prefented,  p.  71, 

fee.  2. 
1 5  per  Cent,  allowed  for  Damages,  with  Colls  of  Proteft, 

fee.  3. 
Aftion  for  protefted  Bills  may  be  brought  againft  Drawer 

or  Indorfer,  or  both,  fee.  4. 

BOATS     AND     CANOES. 
Aft  to  prevent  taking  away  Boats  and  Canoes,   p.  6j, 

ch    13. 
Penalty  for  taking  away  Boats,  &c.  fee.  2. 
Aftion  maintained  for  Damage,  fee.  3. 
Penalty  on  Servants  and  Slaves  taking  them  away,  p.  6?, 

fee.  4. 
Not  to  extend  to  Perfons  who  prefs  them  by  Authority, 

fee.  5. 
Penalty  on  Mafters  of  SlaVcs  ordering  them  to  take  thezR 

away,  fee.  6. 

•     BOOK    DEBTS. 
Aft  for  afcertaining  the  Method  of  proving  Book  Debtf^ 

p.  177,  ch.  4. 
Manner  of  proving  them,  p.  17S,  fee  2. 
VVhert  Copy  of  Books  may  be  proved,  fee.  3. 
Defendant  may  eonteft  Plaiptift''s  Evidence,  and  Execu- 
tors or  Adminiftrators  Books  to  go  againft  each  other, 

fee.  4. 
Limitation  of  proving  Book  Debts,  fee.  5. 
What  Debts  may  be  proved  by  Plaintiff's  Oath,  fee.  6. 
One  Book  Debt  to  go  againft  another,  p.  179,  fee.  7. 

BRIDGES. 
Aft  to  encourage  Michael  Higgini  tc  build  a  Bridge  ovet 

Trent  River,  p    130,  ch.  5. 
Aft  for  building  Peacock's  Bridge,  p.  140,  ch.  11. 
Heron\  Bridge  built,  p.  368,  ch.  28. 
Smith's  Creek  Bridge  built,   p.  148,  ch.  9. 
Tar  River  Bridge  built,  p.  302,  ch.  27. 
B  R  U  N  S  W'l  C  K.     See  Elections,  Churches, 

ToVNS. 

BURGESSES.     See  Assembly, 
Bath  Town,  and  all  other  Towns,  having  60  Families, 

to  fend  a  Curgefs,  p.  19,  lee.  32. 
Newberti  to  fend  a  Burgcis,  if  lefs  than  60  Families,  fee. 

33- 
Fur  Elefticns  of  Burgrfles,  fee  Elections. 

BURGESS      THOMAS. 

His  Agreement  with  the  Vclby  ccnfiriiied,  p.  242,  ch.  7* 

His  Salary  incrtafed,  p.  -537,  ch.  17. 

BURIAL  S. 

Private  Burials  prevented,  p.  13,  ch  47. 


The     TABLE. 


GARY      THOMAS. 
Lahd  fold  by  him  confirmed,  p.  21,  ch.  65. 
CATTLE     AND     HOGS.     See    Toll  Books. 
Stocks  not  to  be  driven  on  other  Peoples  Lands,  p.  u, 

fee.  4. 
S^bcfes  not  to  be  brought  into  the  Province  to  winter,  p. 

12,  fee.  5. 
Ranger  to  make  Diftrefs  of  fuch  Stocks,  fee.  6. 
Proceedings  on  diftrained  Stocks,  p.  41,  ch.  5,  fee.  2. 
Penalty  how  recovered,  fee.  3. 
Foreign  Stocks  found  on  Lands,    deemed  driven  there, 

fee.  4. 
No  Perfon  to  hunt,  range,  or  kill  Cattle  on  others  Lands, 

p.  42,  fee.  5. 
No  Ranger  to  take  up  unmarked  Cattle,  Owner  of  the 

Land  to  claim  them,  fee.  6. 
Aft  to  prevent  Healing  Cattle  and  Hogs,  p.  62,  ch.  8, 
Pen.  for  Healing  Cattle,  or  altering  their  Marks,  fee.  2. 
Pen.  for  feeing  the  Criine  committed,  and  not  difcovering 

it,  fee.  3. 
Manner  of  Cohviftion,  fee.  4. 
Perfons  killing  Cattle  in  the  Woods,  how  to  proceed,  p. 

63,  fee.  5. 
Marks  to  be  recorded,  and  Cattle  when  to  be  marked, 

fee.  6. 
Perfons  getting  Cattle  by  Will,  to  brand  them,  fee.  7. 
The  Aft  to  be  read  in  Court,  fee.  8. 
Strange  Cattle  going  to  any  Pen,  to  be  advertifed,  fee.  9. 
Penalty  on  Slaves  flealing  Cattle,  fee.  10. 
Penalty  on  Perfons  driving  Stocks  on  the  Indian  Lands, 

p.  121,  fee.  8. 
Aft   to   prevent   Inhabitants  of  South  Carolina  driving 

Stocks  into  this  Province,  p.  353,  ch.  14. 
None  but  Inhabitants  to  range  Stocks  in  the  Province, 

fee.  2. 
Surplus  Cattle  to  be  removed,  p.  354,  fee.  3. 
Diftempered  Cattle  not  to  be  removed,  fee.  4,  5, 
Diftempers  among  them  prevented,  p.  355,  fee.  6. 

CHANCERY. 
Governor  a  Party  in   any  Chancery  Suit,  any  four  Coun- 
cillors to  conftitute  a  Court,  p.  3,  ch.  22. 
Court  of  Chancery's  Power  over  Orphans,  p.  291,  fee. 

26. 

CHIEF    JUSTICE. 
Aft  for  allowing  Chief  Jultice  a  Salary,  p.  476,  ch.  20. 

CHURCHES. 
Aft  for  building  Brunfn.vick  Church,  p.  143,  ch.  13. 
Edenton  Church  finiftied,  by  a  Tax,  p,  197,  fee.  21. 
Wtltnington  Church  built,   p.  141,  ch.  12. 
Aft  for  finiftiing  Wilmington  Church,  p.  204,  ch.  4. 
Wilmington  and  BrunJ'ivuk  Churches  finilhed   by  Lottery, 

p.  258,  ch.  8. 
Commiffioners  for  finilhing  Wilmington  Church,  p.  466, 

ch.  13. 

CLERGY.     See  Marriages. 
Clergymen  guilty  of  Crimes  mentioned  in  the  Aft  for 

keeping  the  Lord's  Day,  liable  to  Punifhment,  p.  70, 

fee.  13. 
Clergymens  Duty  oh  Marriages,  fee  Marriages. 
Clergymen  to  read  the  Aft  for  keeping  the  Lord's  Day 

holy,  p.  70,  fee.  12. 
Clergymen   to   perform   Divine  Service   in  Surplice   or 

Gown,  p.  308,  fee.  22. 
Aft  for  eftabli(hing  Orthodox  Clergy,  p.  338,  ch.  i. 
Minifters  Salary,  Fees  for  marrying,  fee.  2. 
Gkbe  and  Manfion  Houfe  to  be  got,  fee.  3. 
Buildings  to  be  kept  in  Repair,  fee.  4. 
Veftry  may  make  Repairs,  fee.  5. 

Miniller  guilty  of  Immorality  may  be  fufpended,  fee.  6. 
Minifter  fufpended,  Pariih  difcharged  from  Payment  of 

his  Salary,  fee.  7. 
Minifters  Salary  when  paid,  fee.  il. 
To  preach  wheie  the  Veftry  appoint,  fee.  12. 
Aft  to  amend  the  Clergy  Aft,  p.  433,  ch.  i. 
Minifter  of  Chrifi  Church  Pariih  his   Duty  in  Netubern 

regulated,  p.  548,  ch.  13. 


CLERKS.     5^^  Marriages,  Fees,  Law   Suits. 
County  Court  Clerks  to  read  the  Aft  for  preventing  the 

ftealing  of  Cattle  and  Hogs,  in  Court,  p.  63,  iee.  8. 
To  read  the  Aft  concerning  Servants  and  Slaves,  p.  87, 

fee.  57.    . 
Clerks  to  tranfmit  the  Governor  Account  of  Marriage 

Licences,  p.  58,  fee.  8. 
Penalty  on  them  for  taking  unlawful  Fees,  fee  Fees. 
To  give  Treafurers  a  Lift  of  Taxables,  p.  253,  fee.  15, 

p.  399,  fee.  13.  _ 
Method  of  proceeding  with  Clerks  for  Fees  due  the  Go- 
vernor, p.  351,  fee.  11. 
To  tranfmit  to  the  Governor  Sheriffs  Accounts,  p.  405, 

fee.  34. 
Clerks  Duty  by  the  Aft  foi*   taxing  Law  Suits,    fee  that 

Title. 
Clerks  to  lodge  Sheriffs  Bonds  with  the  Treafurers,  .p. 

542,  fee.  6. 
COLLECTOR.  5'^^  Inspection, 'I'oeacco,  Hides. 
Colleftors  Fees,  fee  Fees. 
Colleftor  not  to  Clear  VefTels  importing  Liquors  till  Duty 

paid,  p.  160,  fee.  24. 

CONSTABLES. 
Aft  to  appoint  Conftables,  p.  59,  ch.  5. 
How  appointed,  and  their  Oath,  fee.  2. 
Their  Power,  fee.  3. 
Penalty  for  not  qualifying,  fee.  4. 
Perfons  exempt  from  ferving  as  Conftable,  fee.  5. 
Juftice  to  adminifter  the  Oath  to  them,  fee.  6. 
Proceedings  on  their  Death  or  Removal,  and  Penalty  for 

refuling  to  ferve,  fee.  7,  8. 
For  Want  of  Conftable,  Precept  may  be  direfted  to  any 

Perfon,  p.  61.  fee.  9. 
Conftable  exempt  from  Taxes,  fee.  10,  p.  83,  fee.  37, 
Penalty  for  refuling  to  convey  Runaways,  p.  83,  fee.  35, 
Conftables  Fees  for  fummoning  a  Jury  of  Inqueft,  J'tt 

Fees. 
His  Fees  for  ferving  Warrants,  if^c.  p.  494,  fee.  6. 
COPARCENARY.     See  Lands. 
CORONERS. 
Coroners  how  appointed,  p.  2,  ch.  11. 
Coroners  and  Jurors  Fees  on  Inquefts,  fee  Fees. 
Coroners  impowered  to  take  the  PoH  at  Eieftions,  in  the 

A bfence  of  the  Sheriff,  p.  505,  ch.  14. 
To  ferve  Procefs  where  no  Sheriff,  p.  399,  fee.  14. 

COUNCILLORS. 
Councillors  to  take  an  Oath  before  they  fit  and  aft,  p.  3, 

ch.  22. 

COUNTIES. 
Precinfts  called  Counties,  p.  47,  ch.  3. 
Hyde  County  ^refted,  p.  40,  ch.  3. 
Bladen  Precinft  fettled,  p:  46,  ch:  8. 
Boundary  between  5<'fl«/£>r/,  Edgcomb,  and  Tj'nv// Coun- 
ties, fettled,  p:  64,  ch:  9,  p:  113,  ch:  5. 
Mattamvjkeet  added  to  Hyde,  p:  96,  ch:  8. 
Anfon  County  erefted,  p:  129,  ch:  2. 
Duplin  County  erefted,  p:  129,  ch.  1, 
Part  oi  Nenv  Harwver  added  to  Duplin,  p:  145,  fee:  6. 
Edgcomb  Precinft  fettled,  p:  61,  ch:  7. 
Granville  County  erefted,  p:  104,  ch.  3. 
"Johnjion  County  erected,  p:  103,  ch:  2. 
Bertie  Precinft  erefted,  p:  27,  ch:  5. 
Onjlovo  Precinft  fettled,  p:  46,  ch:  8. 
Tyrrell  Precinft  fettled,  p:  40,  ch:  4. 
Counties  and  Towns  re-eftabliftied,  p:  181,  ch:  9. 
Counties  of  .^owflw,  Cumberland,  and  Orange,  eftabliflied, 

p:  200,  ch:  22. 
Part  of  Beaufort  added  to  Cra-ven,  p:  21 1,  ch.  9. 
Dobbs  County  erefted,  p:  223,  ch:  12. 
Halifak  County  erefted,  p:  2^4,  ch:  13. 
Hertford  County  erefted,  p:  233,  ch:  4. 
Pitt  County  erefted,  p:  255,  ch:  3. 
Part  of  Johnfion  added  to  Orange,  p:  27 1,  ch:  1 1. 
Part  o(  Blaiien  added  to  Cumberland,  p:  298,  fee:  7,  8. 
Mccklenbu'g  County  erefted,  p:  293,  ch:  12. 
Brunfwick  and  Butt  erefted,  p:  319,  ch:  14. 


The     TABLE. 


Part  ofBlaJift  added  to  New  Hanover,  p.  182,  ch.  10. 

Boundary  between  Doiis  and  Pitt,  p:  325,  ch:  17. 
Part  oi  Craven  added  to  Dohbs,  p:  326,  ch:  19. 
'Bonnd&zy  hci<fit^'a.  Nortbaml>ton  ?ind  Hertford,  p:  336,  ch: 

•14. 
Part  oi  Northampton  added  to  Bute,  p:  430,  ch:  25. 
Trjon  County  erected,  p:  442,  ch:  lo. 
IVake  County  ere^ed,  p:  476,  ch:  22. 
Gidlford  County  erefted,  p;  479,  ch:  24. 
Chatham  County  ereded,  p:  481,  ch:  27. 
Boundary  between  ^owfl«  zxid.  Mecklenburg,  p:  49 1,  ch: 

39- 

Surrf  County  erefted,  p:  492,  ch:  42. 

part  o[  Rowan  added  to  Surrj,  p:  543",  ch:  6. 

COURTS     AND     COURT-HOUSES. 
Acl  for  fertling  Courts  and  Court-Houfes,  p:  28,  cli:  8. 
Ad  for  building  Court-Houfes,  Prifons,  and  Stocks,  p: 

73,  ch:  iS. 
Courts  to  build  and  keep  them  in  P^epair,  fee:  2. 
Courts  to  lay  off  Piifon  Bounds,  fee:  3. 
Prifoners  within  the  Rules  to  give  Bond,  and  Proceedings 

where  they  break  them,  p:  239,  ch:  14. 
Neivbern  Court-Houfe  eredted.   p.  269,  ch.  8. 
Bertie  Court-Houfe  built,  p:  90,  ch:  7. 
Duplin  Court-Houfe   built,  p:  144,  ch:  14,  p:  163,  ch: 

II. 

County  Courts  to  appoint  Patrollers,  fee  Servants  and 
_  Slaves- 

Oijlow  Court-Houfe  built,  p:  174,  ch:  12. 
Grange  Court-H'jufe  built,  p:  164,  ch:  12. 
P.fquotaiik  CcurL-PJjufe  built,  p:«i97,  ch:  17. 
Superior  Court  held  at  Halifax,  p:  221,  ch:  9. 
Edettion  Gourt-Houfe  ereded,  p:   364,  ch;  24,  p:  565, 

ch:  34. 
Salrfbury  Couit-Houfe  built,    p:  507,   ch:  19,    p:  563, 

cii:  ^i, 
Trjon  Court-Houfe  builr,   p:  465,  ch:  11. 
Edgcemb  Court  Houfe  ertcled,  p:  323,  ch:  16. 
Courts  granting  a  Continuance  of  any  Canfe,    Party  to 

pay  down  the  Cofts,  p:  474,  fee:  5. 
Act  for  eftablifliing  Superior  and  Inferior  Courts,  under  a 

fufpending  Claufe,  p:  511,  ch.  i. 
Dohvs  Court  to  try  all  Caufes  commenced  before  the  Di- 

vifion,  p:  231,  th:  2. 

CRIMINALS.     See  Gaols. 
Crinninals  how  examined  and  committed,  p:  2,  ch:  16. 
Criminals  unable  to  pay  Fees,  to  be  borne  by  the  Public, 

p:  3C0,  fee.  6. 


DEBTORS. 

Aft  to  prevent  the  Exportation  of  Debtors,  p:  ji  ch:  34. 

Mailers  of  Vefffls  not  to  carry  off  Debtors,  ox  Servants 
or  Slaves,  p:  7,  fee:  I,  p;  331,  fee:  l8. 

Bond  how  taken,  fee:  2. 

To  be  fuc-d  within  two  Years,  fee:  3. 

Manner  of  obtaining  Licence  from  Naval  OiRcer  to  depart 
tht.-  Province,   fee:  4, 

Where  Naval  Officer  liable,  fee:  5. 

A'il  for  the  Rtiief  of  Infolvent  Debtors,  p;  538,  ch:  4. 
DEEDS     and     CONVEYANCES. 

Act  to  prevent  fraudulent  Deeds  and  Morcgages,  p:  S, 
ch:  33. 

Con\'cyances  of  Lands  how  made,  fee.  5. 

Deeds  for  valirable  Ccniiderations,  and  recorded,  good, 
p.  9,  fee.  6. 

Deeds  for  Lands  in  this  Province  made  in  foreign  Parts, 
attefled  and  regiltered,  good,  fee.  7. 

Fraudulent  Conveyances  good  only  againft  the  Makers, 
•fee.  8. 

Penalty  on  Parties  to  fuch  Deeds,  fee.  9. 

Not  to  afred  biyitafJf  Purchafers,  p.  10,  /ec.  10. 

If  more  Murtgagej  than  one,  thofe  not  regiltered  may  re- 
deem thcfe  that  have,  and  Pen.  for  making  a  fccond 
Mortgage    Firll  Mortgage  regiftered,  good,  iec.  11,12. 

Willow  if  Mortgager  not  barred  her  Dower,  fee.  13. 

Firft  Mortgager  not  legiiierjng  his  Title  before  a  fecond, 


to  have  no  Advantage  of  his  Purchafe,  fee.  14. 
Perfons  relieved  who  have  not  had  their  Deeds  proved, 
p.  74,  ch.  21,  p.  179,  ch.  6,  p.  258,  th.  6,  p.  315, 
ch.  6,   p.  344,  chap.  4,   p.  464,  cti.  9,  "11^562,  en. 

^9-  .  \ 

Deeds  for  Lands  in  feveral  Counties  and  Towns  declared 

good>  p.  182,  fee.  4. 

DEER.     See  Fire  Hunting. 
Aft  to  prevent  killing  Deer  at  unfeafonable  Times,  p, 

48,  ch.  10. 
Penalty  on  Mailers  whofe  Servants  or  Slaves  kill  Deer  by 

their  Command,  fee.  2. 
Penalty  on  Servants  or  Slaves  killing  Deer,  fee.  3. 
Additional  Aft  to  the  Deer  Aft,  p.  92,  ch.  3. 
Penalty  for  killing  Deer,  fee.  2,  3. 
Wha*t  Perfons  allowed  to  hunt,  fee.  4,  5. 
Penalty  for  leaving  the  Caicaffes  in  the  Woods,  fee.  6; 
Aft  to  amend  the  Deer  Aft,  p.  446,  ch.  13. 
What  Perfons  allowed  to  hunt,  p.  447,  fee.  2. 
Special  Bail  .to  be  given  in  Aftions.on  this  Aft,  fee.  3, 

4.  6. 
Provifo  for  Overfeers  to  hunt,  fee.  5. 
Penalty  for  hunting  on  any  Perfons  Lands,  fee.  8. 
DISTRESS.     See  Sheriffs. 
DUCKENFIELD,     WILLIAM. 
Decree  in  Chancery  exhibited  by  him  confirmed,  p.  23J 

ch.  6. 
DRUNKENNE  S"S.     See  Sunday. 


E  D  E  N  T  O  N.     See  Courts  and  Court-Howses, 
Towns. 
ELECTIONS. 
Aft  for  regulating  Eleftions,  p.  247,  ch.  i. 
Method  of  taking  the  Poll,  fee.  2. 
Whom  deemed  Freeholders,  p.  248,  fee.  3. 
None  but  Freeholders  to  vote,  or  fit  in  Aflcmbly,  (ec.  4." 
Eleftors  Oath,  fee.  5. 
Eleftors  to  be  fummoned  to  vote,  and  Penalty  for  voting 

not  being  qualified,  fee.  6. 
Suit  brought  againft  Eleftor,  Onus  Piobandi  to  lie  on  De- 
fendant, fee.  7. 
Pen.  on  Perfons  giving  Rewards  before  Eleftions,  fee.  84 
Sheriffs  to  give  a  Copy  of  the  Poll,  fee.  9. 
Members  to  take  the  Oaths  of  Government,  fee.  10. 
Penalty  on  Sheriff  taking  Poll  contrary  to  Law,  fee.  il, 
Eleftions  for  Towns  how  made,  p.  250,  fee.  12. 
Qualification  of  Voters  for  .2ra«/w/fi,  fee.  13. 
Coroners  impoweied  to  take  the  Poll  at  Eleftions,  p.  50^, 

ch.  14. 

EVIDENCE.     See  Cattle  and  Hogs. 
Evidence  to  Deeds  may  be  compelica  to  prove  them,  p« 

1 80,  fee.  4 
Evidence  on  Trials  before  Jufllces  may  be  fummoned^ 

and  Penalty  for  Non-Attendance,  p.  494,  fee.  2,  3. 
•execution.  See  Fees,  Sheriffs. 
Manner  of  felling  Goods  taken  by  Execution  on  Juftices 

Warrants,  p.  494,  fee.  5. 
Execution  may  be  liayed,  fee.  4. 


F  E  E  S. 
Aft  for  regulating  Officers  Fees,  p.  107,  ch.  2,  p.  503, 

ch.  12. 
Aft  for  regulating  the  Fees  of  the  Clerks  of  the  Superior 
•     and  Inferior  Courts,  p.  534,  ch.  3, 
Rcgifters  Fees  for  regillering  a  Commiffion  for  taking  the 

Acknowledgment  of  a  Feme  Covert,  p.  137,  fee.  6. 
A6t  to  obviate  Doubts  concerning  Fees  due.  in  the  Supe** 
rior  Courts,  p.  210,  ch.  7. 
FEME     COVERTS.     See  Lands. 
FENCES. 
Aft  declaring  fufficient  Fences,  p.  12,  ch.  45. 
Perfons  not  having  lawful  Fences,    doing  Mifchief  to 
Horfes,  to  pay  for  it,  and  TrefpafTes  on  lawful  Fence? 
to  be  made' good,  fee.  2. 
Unruly  Horfes  to  be  kept  up,  fee.  3. 
b 


The    TABLE. 


Aft  for  amending  tlic  Fence  Afl,  p.  499,  ch.  6. 

F  E  -R  R  I  E  S.    See  Roads. 
Servants  and  S'aves,  p.  83,  fee.  37. 
Wantland'i  t'eny,   in  O/r/Uw,   a  Public  Ferry,  p.  175, 

fee.  4. 
Daiv/cr's  Ferry  eftabliflied,  p.  209,  ch.  6. 
Ferry  Keepers  to  provide  Entertainment  for  Travellys, 

p.  409,  fee.  15. 
Fi^ee  Ferry  in  Perquimans,  p.  439,  fee.  4,  5,  6,  7. 
Free  Ferries  in  feveral  Counties  eftablilhed,  p.  454,  ch. 

4- 
FINES     AND     FORFEITURES.     See  Acts  c/ 
Assembly. 
FIRE    HUNTING. 
Fire  hunting  prevented,  p.  552,  ch.  18. 

FIVE     POUNDS     ACT. 
AS  for  Juftices  to  try  all  Sums  of  5  1.  and  under,  p.  494, 

ch.  43. 
Aft  continued,  p.  562,  ch.  28. 

.FISH. 
Deftrudlion  of  Fifli  in  Roanoke,   and  other  Waters,  pre- 
vented, p.  336,  ch.  13,  p.  476,    ch.  21,  p.  546,  ch. 
ch.  II. 
.     FORNICATION.     See  Bastards. 
Penalty  for  committing  it,  p.  69,  fee.  9,   10. 

FORT    S. 
Fort  Johnjion  erefted,  p.  94,  ch.  6. 
Money  granted  for  building  Fort  Granville,  p.  Ii^,  fee. 
2. 
^For  erefting  Top/ail  Inlet  Fort,  fee.  4. 
*For  Bear  Inlet,  lee.  6. 
*  For  Fort  Johnjion,  fee.  8, 

Money  appropriated  to  Fort  Johnjion,  p.  139,  fee.  7,  8. 
Commiflioners  for  finifhing  Forts  Johnjion  and  Gran-ville, 

p.  206,  ch.  2. 
William  Diy,  Efq;  impowered  to  finifh  '?oi\- Johnjion,  p. 

230,  ch.  8. 
Fee  to  the  Captain  of  Fort  Johnjion  from  Mailers  of  Vef- 

fels,  p.  350,  fee.  28. 
Aft  for  vacating  Titles  to  Lands  for  Fort  Jcbnjlon,   p. 
431,  ch.  27. 

G  A-  M  I  N  G.     _ 
Aft  to  prevent  Card  playing,  and  deceitful  Gaming,  p. 

488,  ch.  35. 
Deceitful  Gaming  prevented,  fee.  2. 
Manner  of  Recovery  of  Monies  loft  at  Gaming,  p.  489, 

.  fee.  3. 
Deeds  or  Mortgages,  ^c.  for  any  Thing  won  at  Gaming, 

declared  void,  fee.  4. 
Penalty  on  diforderly  Perfons  loitering  about  Gaming, 

fee.  5,  6. 
No  Judgment  fet  afide  for  Want  of  Form,  fee.  7. 

GAOLS. 
Aft  for  building  and  repairing  Halifax  Gaol,  p.  299, 

ch.  15,  p.  316,  ch.  II,  p.  562,  ch.  30. 
Salijhury  Gaol  repaired,  p.  318,  ch.  12, 
Bute  Gaol  built,  p.  366,  ch.  26. 

Nenubern  Gaol  erefted,  p.  422,  ch.  II,  p.  484,  ch.  31. 
Currituck  Gaol  built,  p.  425,  ch.  15. 
Salijbury  Gael  built,  p.  427,  ch.  21,  p.  505,  ch.  16. 
Duplin  Gaol  built,  p.  450,  ch.  16,  p.  561,  ch.  27. 
Hiltjborough  Gael  built,  p.  509,  ch.  21. 
Beaufort  Gaol  built,  p.  544,  ch.  7. 

GOVERNOR'S     HOUSE.     5«  Palace. 
GUARDIAN.     5^f  Orphans. 


HEMP     AND     FLA  X. 
Aft  for  encouraging  the  Culture  of  Hemp  and  Flax,  p. 

314,  ch.  5. 
Bouniy  on  Hemp  and  Flax,  fee.  2. 
Infpeftors  Fee  for  weighing  it,  fee.  3. 
Att  for  eftablilhing  Warehoufes  in  Halifax  and  Camphel- 

toti  for  Infpeftitm  of  Hemp  and  Flajw,  p,  419,  ch.  JO. 
Warehoufes  10  be  built,  fee.  2. 
Jnf^eftors  appointed,  p.  420,  fee.  3,. 


Duty  of  Infpeftors,  and  Manner  of  infpefting  it,  fee.  4. 

Pen.  for  counterfeiting  Infpeftors  Notes,  p.  421,  fee.  c. 

Proceedings  where  they  are  loft,  fee.  6. 

Where  Warehoufes  are  burnt,  fee.  7. 

Proceedings  to  be  intitled  to  the  Bounty,  fee.  8. 

Aft  for  amending  the  Hemp  and  Flax  Aft,  p.  441,  ch. 

Manner  of  prizing  Hemp,  and  Fee  to  the  Infpeftor,  his 

Oath,  fee.  2. 
Aft  continued,  p.  442,  fee.  3. 

HIDES. 
Aft  to  prevent  the  Exportation  of  them,  repealed,    p. 

168,  ch.  14. 
Duty  on  Exportation,  Mafter  of  Veflels  Oath,  and  Pen. 

for  Non-Payment  ol  Duty,  p.  314,  fee.  4. 
Penalty  on  Colleftor  clearing  Veflels  contrary  to  this  Aft, 

fee.  5. 

HORSES     AND     MARES,     i"^?  Fences. 
Aft  to  reftrain  the  keeping  too  great  a  Number,  and  for 

amending  the  Breed,  p.  34,  ch.  11. 
What  Perlons  may  keep  Stallions  and  Mares,  fee.  t,  3, 

4°       . 
No  Stallion  under  Size  to  run  at  large.  Penalty  to  the 

Taker  up,  and  Manner  of  proceeding,  p.  35,  fee.  4, 
S.  6. 
Aft  to  amend  the  Aft,  p:  442,  eh:  9. 

HUNTING     AND     RANGING.     See  Deer. 


IDLE  AND  DISSOLUTE  PERSONS.    ^^«' Gaming, 

Vagrants. 

I  ND  I  A  N  S. 

Aft  for  reftraintng  the  Indians  from  molefting  white  Peo- 
ple, and  fecuring  their  Lands,  p:  19,  ch:  59. 

Bounds  oi Mtherrin  Indians  Lands,  fettled,  p:  39,  eh:  2. 

Bounds  oi  Ttijkarora  Indians  Lands  fettled,  p:  120,  ch;  3. 

Aft  for  preferving  Peace  with  them,  repealed,  p:  229, 
ch:  19. 

Indians  taken  in  War,  deemed  Slaves,  p;  245,  fee:  13. 

Aft  to  confirm  a  Leafe  made  by  the  TuJ^arora  Indians,  to 
Robert  Jones  and  others,  p:  369,  ch:  29. 
INDEMNITY. 

Aft  of  Indemnity,  p:  501,  eh:  10. 

INSPECTION. 

Commodities  to  be  infpefted,  Infpeftor  appointed,  to 
give  Bond,  and  take  an  Oath,  p:  457,  ch:  7,  fee:  i. 

Courts  Power  over  them,  Proceedings  in  Calc  of  their 
Death,  fee:  2. 

Places  of  Infpeftion,  fee:  3. 

Infpeftor  called  to  any  Landing,  fee:  4. 

Infpeftors  for  Towns  to  relide  therein,  fee:  ^. 

Penalty  on  Matters  of  Veflels  taking  on  Board  uninfpefted 
Commodities,  fee:  6. 

Penalty  on  Colleftors  entering  Veflels  before  Mafter  takes 
an  Oath.  Penalty  on  him  for  clearing  Veffcls  without 
Infpeftors  Certificate.  Vefl"els  may  be  fearched,  fee:  7. 

Colleftors  to  give  Certificate  to  Mafters  of  Vefl'els,  fee:  S. 

Infpeftors  to  attend  and  provide  a  Brand.-  Penalty  for 
Negleft  of  Duty,  or  branding  unmerchantable  Com- 
modities, or  empty  Barrels,  or  lending  their  Brand. 
Penalty  for  counterfeiting  Infpeftors  Brand,  fee;  9. 

Guage  and  Quality  of  Beef  and  Pork  Barrels,  Quantity 
and  Quality  o\  Meat  in  them,  to  be  branded,  and  Cer- 
tificate given  the  Owner,  fee:  10. 

Commodities  after  lying  60  Days  to  be  re-infpeftcd.  Pen. 
for  Ihipping  them  otherwife,  fee:  11. 

Guage  of  Pitch  and  Turpentine  Barrels.  Fraudulent 
Pitch  forfeited.     Guage  of  Tar  Barrels,  fee:  12.  ' 

Makers  of  Tar  to  brand  their  Barrels.     Infpeftors  to  keep 

•  a  Book  for  Commodities.  His  Fee  for  branding  Ma- 
kers Barrels,  fee:  13.     - 

Tar  to  be  re-infpefted  after  lying  20  Days,  fee:  14. 

Water  in  Tar  not  a  fraudulent  Mixture,  fee:  15. 

Barrels  to  be  made  agreeable  to  Law,  and  Coopers  to 
brand  them,  and  record  their  Brand,  fee:  16. 

Exporter  of  Commodities  to  produce  Infpeftors  CeruS^ 
cace  w  Mafters  of  Veflels,  fet;  17. 


The    TABLE. 


Warchoufes  may  be  rented,  or  built.     Infpeaors  to  find 

Labourers  and  Scales,  fee:  1 8, 
Indico  paid  for  Taxes  to  be  infpeaed,  and  Manner  of 

proceeding,  fee:  19,  20,  21,  22,  23. 
Penalty  for  councerleiting  Infpedors  Notes,    exporting 

Commodities  with  forged  Brands,  or  packing  in  brand- 
ed Barrels,  fee:  24. 
Proceedings  where  Inlpedtors  Notes  are  loft,  fee:  25. 
Pimenfions  of  Lumber.     Marked  too  much,   forfeited. 

Quality  of  Lumber  and  Deer  Skins,  fee:  26. 
Not  to  be  infpeded  unlefs  required,  fee:  27. 
Lumber  i'nfpeCted  agreeable  to  the  Englijh  Adl  of  Parlia- 

mentj  fee:  28. 
On  any  Diipute,  neareft  Infpeftor  to  be  called,  fee.  29. 
Penalty  on  Infpeftor  taking  Fee  for  giving  up  his  Ofiice, 

fee:  30.  ,.  .  . 
No  Perlbn  holding  Poft  of  Profit  to  be  Infpeftor.     Infpec- 

tor  incapable  ol  fitting  in  AlTumbly,  fee:  31. 
Infpeftors  Fees,  fee:  32. 
Tobacco  Warehoufes  may  be  eredled  by  County  Courts, 

^":  33- 
Courts   to  regulate  the  Infpedion  of  Commodities  not 

mentioned  in  this  Aft,    and  Penalty  on  the  Infpettor 
,    neglecling  fuch  Regulation,  fee:  34. 
Recovery  and  Application  of  Fines  and  Forfeitures,  fee: 

'iS- 

INSPECTORS.     See  Tobacco. 

Infpector  appointed  for  the  Great  IJland,  p:  426,  ch:  16. 

I  N    r  A  I  L  S.     See  Lands. 

Act  for  docking   the  Intail  of //ar^/'wj' y^aw's  Lands,  p: 

213,  ch:  13. 

Act  tor  docking  Bla\e  Bakers  Lands,  p:  272,  ch:  15. 

Intailed  Lands  hew  docked,  p:  125,  ch:  4. 

INTESTATES     ESTATES. 

How  dirtributed,  p:  343,  ch:  3. 


JURORS. 

Act  for  appointing  Jurymen,  p:  548,  ch:  14. 

Jurors  appointed,  fee:  2. 

No  Perfon  to  ferve  two  Courts,  or  where  he  has  a  Suit, 

fee:  3. 
Jurors  for  the  feveral  Counties,  and  Penalty  for  Non-At- 

tcndance,   fee:  4. 
By-Standers  may  be  fummoned,  and  Time  of  their  At- 
tendance, fee:  5. 
Fines  how  levied,  p:  549,  fee:  6. 
Jurors  when  to  be  fummoned,  fee:  7, 
Mauner  of  drawing  them,  fee:  8. 
Provifo  for  Challenges,  fee:  9. 
Jurcrs  Allowance,  fee:  10,   11. 
Surveyors  may  be  appointed  to  run  cut  difputed  Lands, 

p:  550,  fee:  12,    13. 
jurors  frr  the  Inferior  Courts,  fee:  14. 
Their  Attendance  inforced,  fee:  15. 
Exempt  from  Procefs  during  Attei;dance,  fee:  16. 

JUSTICES     OF     THE     PEACE. 
The  feveral  Duties  and  Powers  of  Juftices  will  be  found 

under  the  feveral  Laws  that  create   their  Power,    and 

enjoin  any  Duty. 
One  Jullice  may  try  all  Debts  not  exceeding  403.    and 

two   to  try  all  above  40  s.  and  not  exceeding  5  1.  p: 

494,  ch:  43. 


LANDS.     See  Ik  tails.  Deer,  Jurors,  Indians. 

Seven  Years  peaceable  Pofleliion  of  Lands  a  good  Title, 
p:  4,  ch:  27. 

Claim  to  be  made  with  feven  Years,  fee:  3. 

Perfons  under  Age,  Feme  Coverts,  l2c.  may  claim  with- 
in three  Years  after  Difiliility  removed,  fee:  4. 

Feme  Coverts  how  to  pafs  Lands,  p:  6,  ch:  28. 

Not  to  cut  cfFIntails,  fee:  3. 

Act  for  fettling  the  'j|j^es  and  Bounds  of  Lands,  p:  30, 
ch:  4. 

Manner  of  proceflioning  Lands,  fee:  i,  2,  3. 

Penalty  on  Perfons  concerned  in  prcctflioning,  p:  31, 
fee:  4. 


Perfons  refufing  to  have  their  Lands  furveyed.  Court  to 
order  it,  fee.  5. 

Perfons  whofe  Lands  twice  proceffioned,  deemed  Owners, 
p.  32,  fee.  6. 

Not  to  bar  Ferae  Coverts,  ISc  fee.  7. 

Manner  of  lapfing  Orphans  Lands,  lee.  8. 

Adt  for  putting  m  Execution  proceflioning  Aclj    p.  43, 
ch.  6. 

Feme  Coverts  how  to  pafs  Lands,  p.  135,  ch,  3.  . 

Proceedings  where  the  Feme  lives  in  anotlier  Country,  p* 
136,  fee.  3. 

Form  of  the  Commifllon,  fee.  4. 

Purchafers  fecured,  fee.  5. 

Foreign  Proteltants  dying  feized  of  Lands,  declared  na- 
turalized, p.  316,  fee.  3. 

Aft  to  relieve  Perfons  who  have  purchafed  Lands  by  Ex- 
ecution, and  have  got  no  Titles,  p.  440,  ch.  6. 

Att  for  obtaining  Partitions  of  Lands  in  Coparcenary,  pi 
486,  ch.  34. 

Att  for  prelerving  Titles  to  Lands,  p.  491,  ch.  40. 

Adl  to  amend  the  proceflioning  Act,  p.  360,  ch.  25. 
LAW     BOOKS. 

County  Courts  to  provide  Law  Bucks,  p.  130,  ch.  4. 
LAW     SUITS. 

Law  Suits  taxed,  p.  537,  fee.  10,  11,   12. 

Clerks  to  account  for  the  Tax,  iec.  1 1. 

Where  no  Recovery,  Tax  to  be  returned,  fee.  T2. 

Clerks  to  tranfmit  to  the  Ailembly,  Copies  of  Accounti 
fettled  with  the  I'reafurers,   fee.  13. 

To  give  Bond  for  colJeduig  tlie  Tax,  fee.  14. 
LEGACIES. 

Legacies  and  filial  Portions  how  recovered,  p.  34,  fee.  4^ 
p.  290,  fee.  23. 

L  I  Q_U  O  R  S. 

Duty  on  Liquors,  p.  15S,  fee.  15  to  29. 

Duty  on  Liquors  importca  into  Neufe  River,  p.  360,  fee. 

9- 

L  O  R  D's     DAY.     See    Sunday. 


MAIMING     AND     WOUNDING. 
Malicious  maiming  and  wounding  declared  Feiony,  p» 

169,  ch.  15. 

MARRIAGES. 
A^  concerning  Marriages,  p.  56,  ch.  i. 
No  Jullice   to  marry  when  Minilter  in  the  Parllb,  fee.  2. 
Pen.  on  Miniller  or  JulHce    marrying  without  Licence  or 

Banns,  and  on  Minilter  going  out  of  the  Province  to 

marry  Perfons  in  this  Province,  fee.  3. 
Banns  how  publilhed,  i^c.  p.  57,  fee.  4,  5. 
Manner  of  ilRiing  Licences,  lee.  6. 
Penalty  for  publiihing  Banns  between  Servants,  and  on 

Servants  marrying  without  Leave,  fee.  7. 
Clerks  to  give  Account  of  Licences  to  the  Governor,  p, 

58,  fee.  8. 
Marriage  Fees,  fee.  g. 

Penalty  for  refufing  to  marry  for  lawful  Fees,  fee.  10. 
Penalty  for  refufing  to  publilh  Banns,  fee    II. 
Minilter  to  have  the  Fees  for  marrying,  fee.  12. 
Penalty  on  white  Perfons  marrying  with  Negroes,  ah^on 

Miniller  marrying  them,  fee.  13,    14. 
Fines  how  recovered,  p.  59,  fee.  15. 
Ati  to  amend  the  Marriage  Act,  p.  350,  ch.  9. 
Marriages  by  diflenting  Clergy  declared  good,  kc.  2. 
Penalty  for  marrying  without  Licence  or  Banns,  kc.  3. 
Governor's  Fee,  p.  351,  fee.  5. 
Licence  to  be  in   the  County  where  the  Feme  refides. 

Clerks  F'ee,  fee.  6. 
Pnjljterian  Clergy  to  celebrate  Marriages,    fee.  7.  8.  9. 
Miniller  of  the  Parilb  to  have  the  Fee,  unlefs  he  refmcs 

to  do  die  Service,  fee.  10, 
Marriage  Fees,  p.  3-!9,  fee.  2. 
Att  for  illuing  Marriage  Licences,  p.  483,  ch.  28. 
M  A  T  T  A  M  U  6  K  E  E  T.     See    Counties. 
Mc  K  I  L  D  O,     J  O  fl  N, 
His  Executors  impowexed  to  lective  Arrears  of  Taxes,  p. 

558,  ch.  2j.  c 


The     TABLE. 


MILITIA. 

Aa  for  appojnting  a  Militia,  p.  434,  ch.  3. 

Militia  whom  to  confift  of,  and  Penalty  lor  not  appearing, 

435,  fee.  2.  . 

Time  /or  Abfentees  to  make  their  Excufe  to  appeal  to  the 

Court  Martial,  fee.  3. 
Perfons  exempt  from  muttering,  and  Penalty  Oil  Overfeers 

appearing,  fee.  4,  5" 
Perfons  exempt  from  Fines,  p.  436,  fee.  6. 
Clerks  to  be  chofen,  fee.  7. 
Invafions,  Militia  to  be  raifed,  bff.  fee.  8,  9. 
Pay,  when  in  Service,  p.  437,  fee.  lo. 
When  to  muller,  fee.  11. 
Officers  to  be  refident  in  the  County,  fee.  12. 
Penalty  on  Soldiers  refilling  their  Officers,  fee.  13. 
Troop  of  Horfe  may  be  raifed,  fee.  14. 
Troopers  Accoutrements,  p.  438,  fee.  15. 
General  Mufters  when,  fee.  16. 
Court  Martial  may  be  called,  and  Perfons  to  account  with 

them,  fee.  17,   18.  _ 

Penalty  on  OiRcers  not  appearing  at  Court  Martials,  and 

Captains  to  return  Lills  of  Fines,  fee.  19. 
Captains  to  get  a  Copy  of  the  Militia  Aft,  fee.  20. 
Militia  exempt  from  Procefs  on  Mufter  Days,   fee.  21, 

22. 
Captain  to  adminifter  an  Oath,  fee.  23. 
Aft  for  amending  Militia  Aft,  p.  455,  ch,  4. 
•TVi-^kerj  not  to  muller,  fee.  2. 
To  ferve  on  Infurreftions,  p.  456,  fee.  3,  4. 
Not  exempt  without  a  Teilimonial,  fee.  5. 
Fathers,  Mailers,  tifc.  liable  for  the  Fines  of  their  Chil- 
dren and  Servants,  fee.  6. 
Not  liable  to  muller  till  an  Inhabitant  fix  Months,  fee. 

7. 

MILLS. 
Aft  for  the  Encouragement  of  building  Mills,    p.  219, 

ch.  5. 
Mills  grinding  for  Toll  Public  Mills,   and  none  to  be 

built  but  by  Order  of  Court,  fee.  2. 
Manner  of  obtaining  Order,  fee.  3,  4. 
No  Mill  to  overflow  another,  fee.  5. 
Time  of  beginning  and  finiHiing  Mills,  fee.  6. 
Provifo  for  Feme  Coverts,  &(.  fee.  7. 
Appeal  granted,  p.  220,  fee.  8. 
PeVfons  who  have  built  Mills  on  former  Laws,  fetured, 

fee.  9. 
Owners  of  Mills  injured  by  building  others,  may  have 

their  Aftion,  fee.  10. 
Millers  to  grind  according  to  Turn,  and  what  Tell  to 

take,  fee.  11. 
Provifo  for  Owners  to  grind  their  own  Grain,  fee.  12. 
"What  Meafures  to  keep,  fee.  13. 

MONEY. 
Aft  for  emitting  21,3501.  p.  114,  ch.  10. 
Where  the  Species  of  Money  in  any  Fine  or  Forfeiture  is 

not  mentioned,  declared  Proclamation  Money,  p.  128, 

ch.  6. 
Aft  for  emitting  40,0001.  p,  155,  ch.  1. 
Method  of  recovering  Public  Monies  from  Perfons  having 

it  in  their  Hands,  p.  403,  fee.  27,  28,  29,  30. 
Aft  for  emitting  12,000  I.  p.  244,  ch.  i. 
Aft  for  emitting  20,oool.  p.  264,  ch.  i. 
Aft  for  emitting  zo.oool.  Debentures,  p.  451,  ch.  2T. 
Aft  for  emitting  6o,ogo1.  Debentures,  p.  496,  ch.  1. 


NAVAL     OFFICER.     See   Debtors,  Weights 
and  Measures,  Fees. 
NAVIGATION.     5.^  Pilotage. 
.Aft  for  amending  Neiu  River  Ka^'igaiion,  p.  266,  ch.  4. 
Aft  for  facilitating  Navigation,  p.  345,  ch.  8. 
Aft  t'ci  amending  the  Aft,  d.  423,  en.  12,  p.  480,  ch. 

26. 
Aft   for  joining    OIJ  T'cffail  Navigation   to   Clubfoot^ 

Creek,  p.  365,  ch.  25. 
KEWBERN.     J^'f  Burgesses,  Clergy,  Towns, 
CcvRTS  and  Court-Housss, 


OATHS. 
Oaths  to  be  taken  by  feveral  Officers  and  others,  will  be 
found  under  the  feveral  Titles  to  which  they  belong. 
O  C  C  A  C  O  C  K.     See  Navigvtion. 
Occacock  Ifland  annexed  to  Carteret,  p.  470,  fee.  18 

ORDINARIES. 
Aft  for  regulating  Ordinary  Keepers,  p.  407,  ch.  8. 
Manner  of  obtaining  Licences,  and  giving  Bond,  fee.  2, 

3'  4-        , 
Penalty  for  keeping  Tippling  Houfes,    p.  408,  fee.  5. 
Provifo  for  Merchants,  fee.  6. 
Penalty  for  felling  by  unfealed  Meafures,  fee.  7. 
Provifo  to  fell  in  Bottles,  fee.  8. 
Penalty  for  fuffering  Drunkennefs  on   the  Sabbath,    or 

felling  Liquors  10  Servants,  iJc.  p.  409,  fee.  9,  10. 
Penalty  for  Idling  Liquor  after  Sufpenfion,  fee.  11. 
Courts  to  rate  Liquors,  and  Rates  to  be  fet  up,  fee.  12. 
Penalty  for  felling  for  more  than  the  Rates,  lee.  13. 
Not  to  fell  to  S.-iilors,  or  others,  on  Credit  for  more  than 

5I.  fee.  14. 
To  fet  up  Signs  at  their  Doors,  fee.  16. 
No  Ordinal  y  to  be  kept  on  Eaglet  Ifland,  within  a  Mile 

of  the  Ferry,  p.  34.1,  fee.  4. 

ORPHANS. 
Aft  for  the  Care  of  Orphans,  p.  285,  ch.  5. 
Fathers  to  difpofe  of  their  Children,  except  to  Quakers 

or  Popifi)  Recufants,  fee.  2. 
Provilb  tor  Quakers,  fee.  3. 
Provifo  not   to  dlfcharge  Apprentices,    and    to   remev* 

Guardians  abufing  their  Trull,  p.  286,  fee.  4. 
Courts  Power  over  Orphans,  fee.  5,  6. 
Guardian  Bonds  how  given,  fee.  7,  8. 
Duty  of  Guardians,  and  Courts  Powtr  over  them,  fee.  9, 

10,   II,   12,   13,   14. 
Orphans  Court  held.  Guardians  tb  exhibit  their  Accounts. 

Abufes  prevented,  fee.  15. 
Court  to  enquire  into  Abules,  fee.  16. 
Grand  Jury  to  give  an  Account  of  Orphans,  and  Abufei 

of  their  filiates,  fee.  17. 
Guardians  Allowance  to  be  fuitable  to  the  Degree  of  the 

Orphan.     Tkeir  Ellates  fmall,  to  be  bound  out,  fee: 

18,   19. 
Manner  of  binding  them  out,  p.  289,  fee.  20. 
Security  to  be  taken  of  Guardians,   lee.  21,   22. 
Court  of  Chancery's  Power  over  them,  fee.  26. 

OVERSEERS.     See  Servants  and  Slaves. 


PALACE. 

Aft  for  erefting  Governor's  Houfe,  p.   342,    ch.  2,  p. 

394,  ch.  5. 
Lots  veiled  in  the  Governor,  and  annexed  to  the  Palace, 

p.  391,  ch.  4. 

PARISHES.     See  Vagrants. 
Southnveft  Parifh  oi  Ckov:an  appointed,  p.  27,  ch.  7. 
Northivejl  Parilh  oi  Bertie  appointed,   p.  37,  ch.  7. 
Agreement  with   the  Rcv'.  James  Reed  ?.r\d.  Chrifi  Church 

Parilh,  confirmed,   p.  169,  ch.  16. 
Parilh  q{  Dobbs,  in  Wachovia,  erefled,  p.  175,  ch.  13. 
St.  Patrick's  Parilh,    in  Jobnjion,    divided,    p.   198,  ch, 

20. 
Parifhes  of  5/.  Peter  and  St.  John,  in  Pafquotauk,   confo- 

lidated,  p.  200,  ch.  23. 
Parilh  of  St.  Marfs,  in  Edgcomh,  erefted,    p.  201,  ch, 

24. 
Parifh  of  Gj-^^y-D/V/^  erefted,  p.  225,  ch.  14. 
Parilh  of  St.  George,   in   Northampton,  erefted,    p.   227, 

ch.  15. 
Parilh  of  Korthtveft  added  to  Sx.  George,  p.  234,  fee.  5. 
Aft  for  amending  ihe  Aft  for  dividing  the  Parifh  cl  St. 

John,  in  Granville,   p.  271,  ch.  10. 
St.  Gabriel's  Parifli,  in  Duplin,  to  fell  the  Glebe,  p.  498, 

ch.  3. 
St.  John's  Parifh,    in  Pa/guotani,    impowered  to  elcft  a 

Vellry,  p.  498,  ch.  4. 
Several  Parifhes  impowered   to  cleft  Vellrie%    p.  joo, 

ch.  7, 


The     TABLE. 


Pan(hofZ)e^^jfeparatePan(h,  p:  543,  fee:  3. 
Veftry  of  t//«Vv  Parifh  diffolved,  p:  563,  ch:  32. 

PATENTS. 
Validity  of  Patents  granted  by  Lords  Proprietors  Deputies 

declared  good,  p:   180,  fee:  6. 
PESTILENTIAL  DISTEMPERS.  See  Quarentine. 

PETERSON,     JOHANNA* 
Impowered  to  fell  certain  Lands,  p:  20,  ch:  64. 

P  I  L  O  T  A  (i   E.     See  Navigation. 
Aft  for  regulating  Cape  Fear  Pilotage,    p:  328,  ch:  6. 
AH  to  amend  the  Adt,  p:  363,  ch:   23. 
Aft  to  further  amend  the  Aft,  p:  502,  ch.  1 1. 
POOR.      See  Vagrants. 
P  O  P  E,     J  O  H  N. 
Aft  to  relieve  him,  p:  230,  ch:  20. 

POTASH. 
Aft  for  granting  a  Bounty  on  Pot  and  Pearl  Alb,  p:  559, 
ch:  24. 

PRINTER. 
Aft  appointing  a  Printer,  p:  352,  ch:  13. 
Aft  continued,  p:  464,  ch:  8. 

PRISON  BOUNDS.  See  Courts  ^Court-Houses. 
Rules  of  Neiv  HuHo-ver  Prifon  Bounds,  p:  352,  ch:  lo. 

PROVOST     MARSHAL. 
Office  of  Provoll  Marfhal  ceafed,  p:  47,  ch:  3. 

PROMISSORY     NOTES. 
Aft  for  Recovery  c;f  Monies  due  on  them,  p:  291,  ch:  9. 


Q^U  A  K  E  R  S.     See  Militia,  Orphans. 
Q_U  A  R  E  N  T  I  N  E. 
Pcftilential  Diftempers  prevented,  by  Veflels  performing 
Quarentine,    p:   330,    fee:  13,    14,    15,    16,    17,    p: 
481,  fee:  5. 


RANGERS.     See  Cattle  and  Hogs,  Strays, 
Tolls  Books. 
.  .  RECORDS. 

Perfons  relieved  by  the  Lofs  of  Records  in  Onjioiv,   p: 
151,  ch:  4. 

Perfons  fuffering  by  the  Lofs  oi  Bladen  Records  relieved, 
p:  467,  ch:  15. 

REGISTERS.     See  Deeds  and  Convsyances, 
Fees. 

Public  Regifters  appointed,  p:  8,  ch:  38. 

Methocl  of  appointing  them,  fee:  2,   3,  4. 

Regifter  to  rcgifter  Births,  i^c.    where  no  Pariih  Clerk, 

p:  10,  fee:  15. 
• ,        _  ROADS. 

Aft  to  impower  thelnfeiior  Courts  to  lay  out  Roads,  and 

'    fettle  Ferries,  p:  310,  ch:  3. 

Roads  and  Ferries  eltablilhed,   fee:   i. 

Delinquents  on  Roads  to  account,  fee:  2. 

Roads  how  laid  out,  p:  311,  fee:  3. 

No  Ferry  within  ten  Miles  of  another,    and  Penalty  for 

•    tranfponing  over  fuch  Ferry,  fee:  4. 

Penalty  on  Ferry  Keepers  not  keeping  them  well  attend- 
ed, fee:  5. 

Manner  of  making  Roads  and  Bridges,  fee:  6. 

Courts  to  make  Bridges  where  inconvenient  to  Overfeers, 
fee:  7. 

Contrafts  of  Juftices  for  Bridge?  to  bind  their  Succeflbrs, 
fcr:  8. 

t)i'erfeers  appointed,  p:  312,  fee:  9. 

Overfeers  not  exempt  from  working,  fee:  10. 

Taxables  to  have  Notice,  fee:  u. 

Penalty  on  Overfeers  fuffering  Roads  to  be  out  Repair, 
fee:  12. 

Ferrjmen  to  keep  their  Ferries  well  Tltendcd,  and  Penal- 
ty (or  detaining  Perfons  at  them,   fee:  13. 

Overfeers  appointed  to  clear  Rivers  a*id  Ctccks,  fee:  14. 

To  put  up  Direftirn  FofU.  fee:  16. 

To  meafure  and  Mile  mark  Roads,  fee:  17. 

Roads  through  £i7^/<'j  Ifland,  p:  334,  eh:  11. 

Two  Roads  cut  trum  Eagles  llland,  p:  340,  ch:  2. 

Road  through  Mecklenburg,  Anjon,  Rowan,  and  Bladen, 
to  Wilmington,  p:  429,  ch:  24,  p:  556,  ch:  zi. 


Overfeers  of  Roads  to  clesr  Rivers  and  Creeks,  p;  47 i^ 

ch:    18. 
Roads,  Method  of  working  on  them  in  feveral  Counties 

altered,  p:  497,  ch:  2. 
Road  through  the   Frontiers  to  Campbelton,  p:  510,  ch: 

Road  from   Charlotte  Town  to  Bladen  Court-IIoufe,    p: 

545,  ch:  9. 
Aft  to  continue  the  Brunfwick  Road  Aft,   p:  546,  ch:  10. 
Method   of  working  on   Ne-iv  Hano-ver  Roads,    p:   547, 

ch:   12. 
Road  from  Dan  River  to  Campbelton,  p:  555,  ch:  20. 

RUNAWAYS.     See  Servants  a:.a  Slaves. 


SCHOOLS. 

Aft  for  incorporating  the  School  in  Ne-wbern,  p:  359, 
ch:    10. 

School  Houfe  Lots  in  Nevjbern  faved,  p:  552,  ch:  17. 

School  Houfe  in  Edenton  eftabliftied,  p:  478,  ch:  23. 

SERVANTS  AND  SLAVES.  See  Deer,  Cattle 
and  Hogs,  Boats  and  Canoes. 

No  Slave  to  hunt  en  any  Land  but  his  Mailers,  except  ia 
Company  with  a  whice  Man  ;  and  diforderly  Perfons 
found  in  their  Company,  may  be  whipped,  p:  42,  fec< 

7-  ,.        .  . 

Slaves  travelling  in  the  Night,    or  found  in  Kitchens, 

may  be  whipped,  fee  8. 
Proviio,  to  fend  blaves  on  Bufinefs  with  a  Pafs,  fee:  9. 
Aft  concerning  Servants  and  Slaves,  p:  75,  eh:  24. 
No  Cliriltian  imported  to  be  a  Servant,   unlefs  by  Inden- 
ture ;  and  Dihcrence  between  Perfons  importing  them, 

fettled  by  the  County  Court,  lee:  i. 
Penalty  on  runaway  Servants,  p:  76,  fee:  2. 
Difobedient  Servants  punifhed,  fee:  3. 
Mailers  to  provide  them  Neceffaries,    and  not  to  whip 

them  naked,  fee:  4. 
Proceedings  on  their  Complaints  againll  their  Mailers, 

fee:  5,  6,  7. 
To  be  heard  on  their  Complaints  for  their  Freedom  Dues, 

p:  77,  fee:  8. 
Penally  on  Mailers  difcharging  fick  Servants,  fee:  9. 
Penalty  for  bringing  Sickneli  on  themfelves,  p:  ■j^,  fee: 

10. 
Penalty  on  them  for  making  falle  Complaints,  fee.  11. 
To  ferve  double  Time  they  are  in  Gaol  for  their  Otlen- 

ces,   fee:  12. 
Where  iree  Perfons  are  puniflied  by  Fine,  Servants  to  be 

whipped,  fee:  13. 
Penalty  ior  trading  with  Servantt  or  Slaves,    fee:  14,    15. 
Penalty  on  Servants  embezzling  their  Mailer's  GooUs,  L: 

79,  fee:   16. 
Penalty  on  Women  Servants  having  Bafiards,    fee;  17, 

iS-  .      . 

Penalty  on  Tradefmcn  imported  on  Wages,  not  iinder- 

llanding  their  Trades,  ice:  20,  21. 
Servants  Freedom  Dues,  p:  80,  fee:  22. 
Penalty  on  Perfons  importing  and  felling  ?,ny  free  Perfon 

as  a  Slave,  and  Proceedings  in  the  Matter,  fee:  23,   24. 
Penalty  on  Perfons  tempting  Servants- or  Slaves  from  their 

Mailer's  Service,  fee:  25. 
Penalty  on  Overfeers  leaving  their  Employment,  p:  81, 

fee:  z6. 
Penalty  on  Perfons  carrying  Slaves  out  of  the  Province, 

fee:  27. 
Rewards  fcr  taking  up  runaway  Servants  or  Slaves,  and 

how  paid,  fee:  28. 
Runaway  Slave  not  telling  his  Matter's  Name,  to  be  com- 
mitted to  Gaol,  and  Proceedings  thereon,  p;  82,  Lc. 

29'  30.  3'.  32,  33- 
Protccuings  with  runaway  Servants  or  Slaves,  p:  83,  fee; 

34.  },S'  l^>  il-, 
Feiry  keepers   to  give  immediate  Paffage  to  Conftable* 

charged  with  Runaways,  fee:  37. 
Ga.'lci's  Fees  for  Runaways,  p:  84,  fee:  38. 
Runaways  fup^olcd   to  belong  tu  other   v^pverRtnorfto, 
d 


The     TABLE. 


Gaoler  to  fend  thither  Defcrjptions  of  them,  fee.  39. 
Slaves  not  to  go  armed,  fee.  40. 
One  on  a  Plantation  excepted;    to  carry  a  Certificate, 

fee.  41,  42, 
Slaves  not  to  go  off  the  Piantation  without  Leave,  nor  to 

raife  Stock,  p.  85,  fee.  43,  44. 
Runaway  Slaves  may  be  outla.vtd,  and  if  killed,  to  be 

paid  for,  fee.  45,  46. 
Ccnlpiracy  of  three  or  more  Felony,  fee.  47. 
Manner  of  trying  Slaves,  fee.  48  to  53. 
Slaves  killed,  to  be  paid  for,  fee.  54,  55. 
Slaves  not  to  be  fet  liee,    but  for  meritorious  Services, 

fee.  56. 
An  adtluional  A6i  to  an  AQ,    concerning  Servants  and 

Slaves,  p.  152,  ch.  6. 
No  Slave  to  hunt  with  Gun,  unlefs  their  Owners  are  Se- 
curity for  ilum,  iec.  2. 
Nor  to  carry  u  Gun  at  all  on  Plantations  where  no  Crop 

is  tendtd.     Pu:alty  on  the  Mailer  of  fuch  Slave,  fee.  3. 
Searchers  to  be  appointtd,  their  Oath,  Dutj,  and  Privi- 
leges, fee.  4,  5,  6,  7. 
Penalty  on  Slaves  hunting  with  Dogs,  p.  153,  fee.  8. 
In  what  Cafes  outlawed  or  convitled  Slaves  to  be  paid  for, 

fee.  9. 
Slaves  not  lawfully  fed,  committing  Robberies,  injured 

Perfon  may  fue  their  Mailers  for  Trefpafs,  fee.  10. 
Mailers  permitting  their  Slaves  to  hire  themfelves,  not  to 

be  paid   for  them,    ihould   they  be  punilhcd  for  any 

Crime,  p.  221,  cli.  7,  ftc.  2. 
Pcrfons   knowingly    buying    Slaves    tranfported   here  for 

Crimes  committed   abroad,    not  allowed  for  them,    if 

punilhed  lor  Crimes  here,  fee.  3. 
Sections  of  Servant  and  Slave  Aft  repealed,  p.  332,  ch. 

8. 
Allowance  for  executed  Slaves,  fee.  3, 
SHERIFFS.     See  Servants  a/i^  Slaves,  Taxes, 

Deer,  Vestries,  Treasurers, 
Aft  for  appointing  Sheriffs,  p.  396,  ch.  6. 
Manner  ol  appointing  them,  fee.  2. 
None  to  ferve  more  than  two  Years,  unlefs  they  accOiitit, 

and  Penalty  for  reccmmending  them,  fee.  3. 
Not  compelled   to  ferve  more  than  cne  Year.     His  Oath. 

To  give  Bond,  fee.  4,  5. 
To  give  Bond,  and  Penalty  for  lefufmg  to  nft,  fee.  6,  7, 

8. 
Members  of  Council  exempt  frrm  fcrving,  fee.  9. 
Tsxes  recovered  from  Shenffs,  fee.  10. 
In  Suits  againft  them,  Treafurers  may-give  Lifls  of  Tax- 

abks  in  Evidence,  fee.  11. 
Settlements  with  Courts  may  be  given  in  Evidence,  fee. 

12. 

Clerks  to  give  Treafurers  Lifls  of  Taxables,  fee.  13. 
Penalty  for  neglefting  to  execute  Prccefs,  or  iraking  falfe 

Return.     Manner  of  ferving  it.     Ccrcntr  to  aft  v^heje 

no  Sheriff,  fee.  14. 
Perfcns  exempt  frcm  Procefs,    and  not  to   be  ferved  en 

Sunday,  fee.  15. 
His  Duty  en  Executions,  fee.  16. 

Bail  how  taken.      His  Fee  for  Public  Serviccf,  fee.  17. 
Unlifted  I'axablts  to  he  accounted  for,  fee.  i8. 
Taxes  difiraintd  for,   fee.  19. 
Sheriff  removed,  his  Power  of  collcfting  Tfxes,  fee.  20, 

21. 
Unrcaforable  Difirefs  prevented,  fee.  22. 
Proceedings  whtie  Piik  r.cis  ekape,  fee.  23. 
Remedy  againll  Si.tnhs  Icr  Mcnies  received  by  Precepts, 

or  where  they  lufitr  Ek:,jes,  lee.  24. 
Method  of  Recovery  where  Shtiift  or  FhaniifT  die,  fee. 

Method  of  turning  Priftners  <\er,  f  c.  26. 

Method   cf  Recovery  of   Mcnies  l.om  Ijcafurers,    ard 

ctherr,   Ice.  27,  28,   29,  30. 
Sheriff  to  deliver  their  Cclii.'.  Hated  Atccer.ts  ol   Tnxrs, 

fee.  32. 
Clerks  to  tranfmit  tr  Gcveirrr  fuch  /.ccci:ris,  fee.  ia. 
No  r.Icmberof  Afumbly  tc  ;.ft  .',i  t.hti;ft,  ftc  55.    " 


Further  Time  allowed  for  fettling  Shciiffi  Account',  p.' 

441,  fee.  3. 
Where  no  Sheriff,  Governor  may  appoint  Collcftcrs  cf 

Taxes,   p.  441,  lee.  4. 
Slieiiffs  removing  ihtmklves  before  finifhing  their  Collec- 
tions,  their  Stcurities  may  colleft,   p.  457,  ch.  6. 
Sherills  not  paying  public  Mcnies,  Trealuitrs  may  ccin- 

pcll  them,  p.  542,  fee.  7. 

S     1'     R     A    Y     S. 
y\a  to  prevent  Abufes  in  taking  up  dray  Ilorfts,  p.  448^ 

ch.    14. 
Method  10  be  taken  with  ftray  Horfes,  fee.  2. 
Strays  may  be  ufed,  fee.  3. 
Method  alter  Appraiiment,-  fee   4w' 
Where  they  die,  fee.  5. 
Penalty  on  Perfons  taking  up  Strays,  fee.  6. 
Provifo  for  carrying  them  to  the  Owner,  fee.  7. 
Proceedings  with  Strays  taken   up   within   tiiree  Years, 

fee.  9. 
Rangers  Book  rhay  be  fearched,  fee.  10. 
To  advertile  their  Appointment,  lee.  11. 
Aft  to  amend  the  Stray  Aft,  p.  499,  ch;  6. 

SUNDAY. 
Aft  for  the  better  Obfervation  of  the  Lord's  Day,  p.  6S, 

ch.   14. 
Penalty  for  Working  on  Sunday,  fee.  2. 
Penalty  for  Iwearing,  fee.  3,  4. 
Penalty  for  getting  drunk,  lee.  5. 
Jullices  to  hear  Offences  againlt  this  Aft,  fee.  6,   7. 
Fines  how  paid,  fee.  8. 


TAXES     AND     TAXAi,i.ES. 
Free  Negroes  and  Mulattoes  deemea  Taxables  at  twelve 

Years  cf  Age,  p.  32,  ch.  5. 
White  Pcifjiii  iiitcrmairying  vvith  them,  Taxables,  p.  33, 

fee.  3. 
Aft  lor  obtaining  Lift  cf  Taxables,  p.  250,  ch.  2. 
Perfcns  deeiTjed  '1  axablej,  fee.  2. 
Method  el  tiikirg  Lills  cl  laxables,  .'ec.  3,  4,  5,  6,  7, 

8. 
Penalty  for  c6ncealing  Taxables,  fee.  $. 
Perions  when  deemea  Taxables.     Guardians  to  pay  ftr 

their  Wards,  fee.  10. 
Single  Perfcns  hew  lilted,  fee.  1 1. 
Idle  Perfcns  compelled  to  pay,  fee.  12,   13. 
Pen    en  Jullices  neglefting   to  retum  iherr  Lifts,  fee.  14- 
Clerks  to  make  cut  Lills,  fee.  15,    i6. 
Sherills  tc  give  Bend,  lee.  17. 
Penalty  en  jullices  ncgkftir.g  to  take  it,  fee.  18. 
UnlilUd  Taxes  applied,  fee.  19. 
Sheriffs  ccrrpelkd  to  pay  the  'i  axes,  fee.  20. 
Jullices  to  provide  Beoks,  for  the  Acecuius  ct  the  County, 

lee.  21. 
Sheriff  to  deliver  Account  of  FuLlic  Mcnies  to  the  Trea- 

furer,  fee.  22. 
Five  Juflices  prefent  when  Sheriffs  Accounts  are  fctikd. 

Ice.  23. 
1  axes  v\  hen  paid,  fee.  24. 
Tax  laid  for  Ccntingei.cies,   p.  426,    ck  18,    p.  490, 

ch.  37. 
Aft  Ur  Lift  cf  Taxables  in  Neinicrn,  p.  4^5,  ch.  32. 
Several  Public  1';ixes  to  ceaie,  p.  4^9,  ch.  36. 

T  A  G  E  R  T,     JOHN. 
Relieved  frcni  eciliftir^g  'flaxes  in  Tijon,  p.  5/^5,  ch.  8, 

TOBACCO. 
Aft  to  regulate  the  Inlpcftion  cl  TcLaccc,  p.  410,  ch.  9. 
Irfj-cftit  n  cl  Tclacco  in  'joJ.n/Un,  p.  ^tb,  eh.  14 
Tobacco  Lurnt  m  Pace'i  Warthcijle,  Ccuniy  10  ii:al,e  it 

gccd,  p    its,  ch.  6. 

T  OLE     BOOKS.     See  Cattle  aW  Hogs. 
Aft  to  rf]_o)nt  Toll  Books,  p.  11,  ih.  ^<^. 
C iiitle  iiiid  H<gs  to  be  entejtd  in  Toll  Bocks,  fee.  2,   3* 
Tell  C  ffices  wJicre  kept,  p.  26,  ch.  3. 
T     O     W     N     S. 
Tiwn  cfA'cw^^")/;  fettled,  p.  36,  ch.  13. 
Cl.uich  lets  in  I'h'nUm  lavtd,  p,  53,  ch.  2. 


The     TABLE. 


Town  o^WoodftocJc  ere£led,  p.  49,  ch.  11. 

Town  oijohnjlon  ereded,  p.  65,  ch.  12  . 

Town  Fence  q{  Edenton  repaired,  p.  96,  ch.  9. 

Town  of  £rf'^K/o«  regulated,  p.  193,  ch.  14. 

Town  Aft  amended,  p.  362,  ch.  22. 

Town  of  ^r/w/^wr/Jerefted,  p.  98,    ch.  12. 

Commiffioners  for  the  Town  eleded,  p.  427,  ch.  20, 

Townof //<iTv7//ereiaed,  p.  131,  ch.  6. 

Public  Lots  ill  Newbern  faved,  p.  139,  ch.  8. 

Town  oi  Port/mouth  ererted,  p.  149,  ch.  2. 

Ne-w  Exeter  crtdei,  p.  162,  ch.  9. 

G/oarc/^^-r  Town  eroded,  p.  165,  ch.  13. 

Several  Towns  eftablifhed,  p.  181,  ch.  9. 

Town  of  iVcii;^fr/:  regulated,   p.  183,   ch.  12. 

Town  of  Wilmington  regulated,  p.  188,  ch.  13,  p.  507, 

ch.  20. 
Town  of  £^?«?i5«  regulated,  p.  193,  ch.  14. 
Town  of //rj///«A:  ereiSled,  p.  207,  ch.  5. 
Ne^icrnTown  Aft  amended,  p.  211,   ch.  10,   p.  262, 

ch.  10,  p.  506,  ch.  17,  p.  553,  ch.  19. 
Town  of  ^/'^r.y'ffri^  erefted,  p.  216,  ch.  6. 
liixoK  Town  erefted,  p.  228,  ch.  16. 
Further  Time  allowed  for  faving  Lots  in  Halifax,  p.  235, 

ch.  7.  . 

Town  of  CZvYi^arp- erefted,  p.  237,  ch.  13. 
Town  oi  Tarbororigh  eftablilhed,  p.  261,  ch.  9. 
Town  of  A7«jy?o»  eftablifhed,  p.  295,  ch.  13. 
Town  of  C«iyz/'o^//5«  eftablifhed,  p.  297,  ch.  14. 
Town  of ////^cre.v^/?' eftablifhed,  p.  355,  ch.  15. 
Time  of  faving  Lots  in  Hertford,    p.  300,    ch.  20,    p. 

428,   ch.  22. 
Time  of  faving  Lots  in  Halifax,  p.  332,  ch.  10. 
Town  oi  Hertford  regulated,  p.  530,  ch.  2. 
Town  of  ^//a^/- ereded,  p.  430,  ch.  26. 
Town  of  C/&ar/c?/e  ereded,  p.  444,  ch.  11. 
Town  oi  Winton  en&.ed,  p.  445,  ch.  12. 
Town  of  jSf«!//or?  eftablilhed,  p.  467,  ch.  16. 
Town  oi  Salijhury  regulated,  p.  470,  ch.  17. 
Town  oi Martinborough  eieded,  p.  506,  ch.  18. 
Town  oi  Elizabeth  eftabliftied,  p.  556,  ch.  22. 
fowa  oi  Hilljlorough  regulated,  p.  500,  ch.  26. 

TREASURERS.     .Sf^  SHERrFFS. 
Ad  for  appointing  Public  Treafures,  p:  541,  ch:  5. 
Treafurers  impowered  to  fue  on  Mortgage  Bonds,  p:  138, 

ch:  4.  T  R  E  N  T. 

Navigation  oi  Trent  River  amended,  p:  550,  ch:  15. 


USURY. 
Ad  to  rcftrain  taking  exceflive  Ufury,  p:  65,  ch:  11. 


VAGRANTS. 

Aft  for  Reftraint  of  Vag.-ants>  and  making  Provifion  for 
the  Poor,  p:  172,  ch:  6. 

Penalty  on  Perfons  hiring  taxable  Perfons  rem.oving  from 
one  Parifh  to  another  without  Certificate,  fee:  2. 

Perfons  deemed  Vagrants,  fee:  3. 

Method  of  dealing  with  them  when  apprehended,  fee:  4. 

One  Years  Relidence  in  a  Parifti  deemed  a  Settlement, 
fee:  5'. 

Method  when  poor  People  come  into  any  Parifii,  fee:  6. 

Proceedings  againft  Mafters  of  VeiTtls  bringing  poor  Peo- 
ple into  any  Parifh,  fee:  7. 

Ad  continued,  p:  2C3,  ch:  13,  p:  358,  ch:  17,  p:  484, 
ch:  29. 

No  Perlon  to  harbour  idle  and  difTolute  Perfons,  p:  424, 
ch:   13.  VERMIN. 


Aft  for  deftroying  Vermin,  p:  453,  en.  3,  p:  504,  cii:  13. 
Vermin  deftroyed  in  feveral  Counties,  p:  551,  ch:  16. 
VESSELS.     See  Debtors,  Navigation. 
VESTRIES. 
Aft  concerning  Veftries,  p:  304,  ch:  2. 
Veftrymen  to  be  eleded,  and  lummoned  to  appear,  fee:  2. 
Manner  of  Eledion,  p:  305,  fee:  3. 
Qualification  of  Voters,  and  their  Oath,  fee:  4,  5. 
Attendance  of  Eledors  inforced,  fee:  6. 
Penalty  on  Perfons   not  being  Freeholders,    voting,   p;  . 

306,  fee:  7. 
Veftrymen  to  qualify,  fee:  8. 
Veftry  negleding  to  qualify,  not  to  ad,  fee:  10. 
Minifter  to  ad  as  \'eitryman,  fee:  1 1. 
Churchwardens  to  be  chofen,  fee:  12. 
Members  of  Council  exempt,  fee:  13, 
To  provide  Books  for  Veftry  Accounts,  fee:  14. 
Veftries  how  called,  and  Pen.  for  non-Attendance,  fee.  15. 
Churchwardens  kept  up,  fee:  i6. 

Agreements  of  Veftries  to  bind  their  SuccelTors,  fee.  17. 
Succeluon  of  Veftrymen,  fee:  18. 
Veftries  where  held,  fee:  19. 
To  appoint  Readers,  fee:  20. 
To  lay  Parifli  Tax,  fee:  21. 
Minifter  to   perform  Divine   Service  in  his   Surplice  or 

Gown,  fee:  22. 
No  Veftryman  to  be  Clerk,  fee:  23. 
Sheriff  to  colled  Public  Taxes,  and  give  Bend,  fee:  24, 

Recovery  of  Monies  from  Parifh  Colleftors,  fee:  26. 

Parifh  Taxes  when  to  be  paid,  fee:  27. 

Diftrefs  not  to  be  unreafonable,  fee:  28. 

Veftries  Power  to  call  Magiftrates  to  Account:  fee:  29. 

Provifo,  if  the  Day  of  Eledion  proves  bad,  lee:  31. 

Sheriff  to  read  this  Ad  in  Court,  fee:  32. 

Ad  to  confirm  the  Veftry  of  St.  Joknii  Parifh  in  Bute, 

and  to  enable  the  Counties  oi  Pafijiuotaak,  Anfon,  and 

Currituck,  to  eled  Veftries,  p:  335,  ch:  12. 
Veftry  may  make  Repairs  to  Glebes,  p:  339,  fee:  5. 
Veftry  of  St.  Stephen  s  Farilh  conlirmec:,  p:  426,  tii:  ir. 
Ad  to  amend  the  Veftry  Ad,  p:  434,  ch:  2. 
Eledion  of  Veftrymen  for  the  Panlh  of  Si.  Martin  s,  p: 

467,  ch:  15. 
Veltry  oi  Unity  Parifh  diffolved,  p:  563,  ch:  32. 
Veftry  oi  Cumtuck  Parifh  to  appropriate  Monies,  p:  301, 

ch:  22. 


WAREHOUSES.     See  Tobacco,  Hemp  and  Flax, 

Inspection. 

WEIGHTS     AND     MEASURES. 

Aft  for  regulating  Vv''eights  and  Meafures,  p:  71,  ch:  17. 

Weights  and  Meafures  according  to  the  Standard,  fee:  2. 

Sealed  Weights  and  Meafures  to  be  provided,  and  a  Kee- 
per appointed,  fee:  3,  4. 

Steelyards  wlien  tried,  lee:  5. 

Standard  Keepers  Fees,  ana  Oath,  fee:  6,  7. 

His  Power,  fee:  8. 

This  Ad  to   be  advertifed  in  the  Naval  Office,  p:   73, 
fee:  9. 

Juftices  to  take  into  their  Poffeftion  Weights  and  Mea- 
fures, fee:  10. 
WILMINGTON.     See  Churches,  Towns. 

^/7.W«^/o«  to  fend  Hands  on  the  Roads,   p:   168,  cli:  11. 

IJ'ilningion  Gaol  and  Gaoler's  Houfe  erected,   p:  564, 
ch:  33. 


ACTS  repealed  or  expired  the  lajl  SeJJion  of  Jffembly. 


The  Superior  and  Inferior  Court  Ads,    p:  372,    ch:  i, 

p:  3.S6,  ch:  2,  expired. 
Aft  direding  the  Method  of  providing  Jurymen,  p:  388, 

ch:  3,  expired. 
Ad  to  dired  Sherifls  in  levying  Executions,  p:  485,  ch: 

33,  expired. 


Ad  to  regulate  Ofhcers  rees,  p:  473,  ch:  19,  repe.ilrd. 
Ad  for  Relief  of  Infolvent  Debtors,  p:  123,  ch.  3,  re- 
pealed. 
Ad  appointing  Public  Treafurers,  p:  405,  ch:  7,  exp. 
Ad  to  prevent  Fire  hunting,  p:  464,  ch:  lo,  repealed. 


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